Updated April 2026. Reflects the Renters (Reform) Bill timetable as currently scheduled. We update this article when the legislation moves.
Ending an Assured Shorthold Tenancy (AST) in England is one of the most procedurally unforgiving areas of UK law for small landlords. Get the paperwork wrong — wrong notice period, missing prescribed information, deposit not protected within 30 days — and you can find yourself in court a year later with the tenant still in occupation, your costs unrecoverable, and the rent arrears piling up.
This guide covers the two statutory routes available in 2026, what’s changing under the Renters (Reform) Bill, and the practical mistakes that turn a 2-month process into a 12-month nightmare.
The two statutory routes in 2026
Under the Housing Act 1988, there are two ways to end an AST:
Section 21 — the “no-fault” route
A Section 21 notice gives the tenant at least two months’ notice to leave at the end of the fixed term, or at any time during a periodic tenancy. The landlord doesn’t need to give a reason. Courts must grant possession provided the procedural requirements are met.
Section 21 is being abolished. The Renters (Reform) Bill, which has been working through Parliament across multiple governments, will end Section 21 once the implementation date is reached. As of April 2026, Section 21 remains available — but the policy direction is clear and landlords should plan for its removal.
Section 8 — the “fault” route
A Section 8 notice cites one or more specific grounds for possession set out in Schedule 2 to the Housing Act 1988. The most common grounds are:
- Ground 8 — at least two months of rent arrears at the date of both serving the notice and the court hearing. Mandatory ground (court must grant possession).
- Grounds 10 and 11 — some rent arrears or persistent late payment. Discretionary grounds (court may grant possession if reasonable).
- Ground 12 — breach of any term of the tenancy other than payment of rent.
- Ground 14 — anti-social behaviour.
Notice periods vary: typically 14 days for rent arrears (Ground 8), 14 days for anti-social behaviour, two weeks to two months for other grounds.
When to use which route
In practice:
- You want the property back, no specific complaint: Section 21. Faster, simpler, no defence the tenant can raise on the merits.
- Tenant is in serious arrears: Section 8 (Ground 8) is faster — notice period is only 14 days, and the ground is mandatory.
- Tenant is causing trouble but paying rent: Section 8 (Grounds 12, 14). Slower because grounds are discretionary, but appropriate where Section 21 isn’t available.
- You want the property back AND have rent arrears: Many landlords serve both notices simultaneously, so they have a fall-back.
The Section 21 procedural minefield
Section 21 looks simple on paper. In practice, courts have invalidated thousands of Section 21 notices on procedural technicalities. The most common reasons:
1. Deposit not protected within 30 days. If you took a deposit but didn’t put it in a Tenancy Deposit Protection (TDP) scheme — DPS, mydeposits or TDS — within 30 days of receipt, you cannot use Section 21. You also can’t fix this retroactively for the original tenancy; you must return the deposit before serving the notice.
2. Prescribed information not served. Within 30 days of taking the deposit, you must give the tenant the TDP scheme’s prescribed information. Missing this also blocks Section 21.
3. EPC, Gas Safety Certificate or “How to Rent” booklet not served. All three must have been provided to the tenant before service of the Section 21 notice. The “How to Rent” booklet must be the version current when the tenancy began (the government updates it periodically).
4. Wrong notice period or wrong end date. The notice must give at least two months and must expire on the last day of a tenancy period for periodic tenancies. Common error: serving on a periodic tenancy with an end date that falls mid-period.
5. Retaliatory eviction. Under the Deregulation Act 2015, you cannot serve a Section 21 notice within six months of an Improvement Notice or Emergency Remedial Notice issued by the local authority. If the tenant has complained about disrepair to the council and the council has issued such a notice, Section 21 is blocked.
6. Form 6A. Since 2015, all Section 21 notices for ASTs in England must be on the prescribed Form 6A. Hand-typed notices are invalid.
Section 8 — what catches landlords out
Section 8 has its own traps:
- Wrong form. Form 3 is the prescribed Section 8 notice. Like Form 6A, it must be used.
- Arrears not at the right level on both dates. Ground 8 requires at least two months’ arrears at the date of service AND at the date of the court hearing. If the tenant pays £100 the day before the hearing to drop below two months, the mandatory ground falls away.
- Insufficient particulars. The notice must specify the ground and give particulars — not just “Ground 8” but the actual arrears amount.
What the Renters (Reform) Bill changes
When the Bill is fully in force (timing depends on government), England moves to:
- Periodic tenancies only (no fixed terms)
- Section 21 abolished
- New mandatory and discretionary grounds added to Section 8 — including landlord wishing to sell or to occupy the property themselves (with notice and restrictions)
- Decent Homes Standard applied to the private rented sector
- New Ombudsman scheme for landlords
- Property Portal — mandatory landlord registration
Landlords should plan now for: no fixed-term comfort, longer notice periods on the new “selling/moving in” grounds, and ongoing administrative obligations under the Property Portal.
The AST itself: getting the foundation right
None of this works if the underlying tenancy agreement is wrong. A compliant AST in 2026 needs:
- The deposit cap correctly applied (5 weeks’ rent for tenancies under £50,000 annual rent; 6 weeks otherwise) under the Tenant Fees Act 2019
- Smoke and Carbon Monoxide Alarm Regulations 2015 (as amended 2022) compliance referenced
- No prohibited fees (the Tenant Fees Act 2019 outlawed most charges beyond rent and deposit)
- Section 11 Landlord and Tenant Act 1985 repair covenants properly stated
- Energy Performance Certificate served and minimum EPC rating compliance (currently E)
If your existing AST template was drafted pre-2019, it almost certainly contains prohibited fee clauses that may render the whole agreement unenforceable. Re-issue.
Skip the drafting: AST template that’s current
We maintain a UK Assured Shorthold Tenancy template that reflects current law: TDP-compliant, Tenant Fees Act 2019 aligned, with Section 21/Section 8 references and the Renters Reform timetable acknowledged. £15 — generated in under a minute as an editable Word document plus PDF.
Generate a UK AST template — £15 →
For commercial property, we also have a Licence to Occupy (non-tenancy commercial use, £15) and a Commercial Lease (short-form, 1954 Act-aware, £15). Bundle: all three for £29.
Frequently asked questions
Can I serve a Section 21 notice during the fixed term?
Yes — provided you cannot make the notice expire before the end of the fixed term. Most landlords wait until the last two months of the fixed term to serve, so the tenant must leave at the end of the term.
What’s the minimum notice for Section 21 in 2026?
Two months. The Section 21 notice must give the tenant at least two months between service and the date possession is required.
Can the tenant defend a Section 21 claim on the merits?
No — Section 21 is “no fault.” The tenant cannot defend by saying you have no good reason. They can defend by showing you got the procedure wrong: invalid form, deposit not protected, retaliatory eviction, etc. Defences are procedural, not substantive.
How long does it take to actually get the property back?
Realistically, four to nine months from notice service if the tenant doesn’t leave voluntarily. Notice period (2 months) + accelerated possession application (3-8 weeks for a hearing date) + time for the tenant to leave or be evicted by the County Court Bailiff. Anti-social behaviour cases can be faster (Ground 14), serious arrears slightly faster (Ground 8).
What if the tenant won’t leave after a court order?
You apply for a warrant of possession from the County Court. The bailiff schedules an eviction date — typically 4 to 8 weeks from application. You cannot lawfully evict the tenant yourself; doing so is a criminal offence under the Protection from Eviction Act 1977.
Disclosure: AI Business Kit Docs is our own product. This article is general information about UK landlord and tenant law, not legal advice. For high-value or unusual cases, instruct a solicitor. For routine ASTs and Section 21/8 paperwork, our templates are designed to handle the common cases correctly.