Originally published 19 May 2025. Legal update checked 24 October 2026.
A 2025 article about serving Section 21 at the end of a fixed-term tenancy reflects the law at that time. In England, the position has since changed. The Renters’ Rights Act 2025 took effect for the relevant private-renting reforms on 1 May 2026. Section 21 was abolished, so landlords cannot now serve a new no-fault Section 21 notice to end an assured tenancy.
That means the old question—whether to serve Section 21 when a fixed term ends—does not describe the current route for most private landlords in England. The end of a fixed term does not by itself let a landlord remove an occupier. A tenancy can continue, and a landlord who wants possession must use a valid legal ground and follow the required procedure.
For notices served from 1 May 2026, GOV.UK says landlords must use Section 8. The notice should use Form 3A, state the relevant ground and reasons, and give the correct notice period. Some grounds are mandatory if the court is satisfied; others require the judge to decide whether possession is reasonable. The right ground and notice period depend on the circumstances, so a landlord should check the current guidance before serving anything.
If the tenant does not leave after a valid notice period, the landlord must apply to court for a possession order. A notice is not itself an eviction order. Do not change the locks, remove belongings or pressure someone to leave without the proper legal process. Deposit-protection and other compliance requirements can also affect whether a possession claim succeeds.
There were transitional arrangements for certain pre-commencement notices, but the usual deadline for starting proceedings on a Section 21 notice was 31 July 2026. As that date has passed, landlords should not assume that an older notice remains usable. Check the specific notice and current court rules with a qualified adviser.
This update covers private renting in England. Housing law differs in Scotland, Wales and Northern Ireland, and not every occupancy falls under the same assured-tenancy rules. It is general information, not advice about a particular tenancy.
Takeaway
For a current English assured tenancy, the relevant question is no longer whether to serve Section 21 at the end of a fixed term. Check whether a valid Section 8 ground applies, follow Form 3A and the correct notice period, and seek a court order if possession is still disputed.