What happens when Section 21 ends on 1 May 2026?

From 1 May 2026, landlords can no longer serve a Section 21 no-fault eviction notice. All existing assured shorthold tenancies automatically become assured periodic tenancies (rolling, with no end date). Landlords must use Section 8 with a valid legal ground, served on the new Form 3A notice. Many landlords will make procedural errors, which can invalidate their claim. If you receive any eviction notice after 1 May 2026, call Food & Solidarity on 07393 101018 immediately.

Form 3A is the new prescribed notice landlords must use to begin Section 8 eviction proceedings from 1 May 2026. As of March 2026, the government has confirmed Form 3A exists but has not yet published it, promising to do so before 1 May 2026. Accuracy on Form 3A is critical: mistakes can invalidate the entire possession claim. If you receive a Form 3A notice, call Food & Solidarity on 07393 101018 before doing anything else.

What are the main Section 8 grounds landlords will use after May 2026?

The main grounds landlords will use are: Ground 8 (mandatory rent arrears - at least 3 months rent owed at both time of notice and hearing), Ground 1 (landlord or family member moving in - 4 months notice), Ground 1A (landlord selling the property - 4 months notice, cannot expire in first 12 months of tenancy), Ground 7A (antisocial behaviour - mandatory), and discretionary grounds 10 and 11 (rent arrears below 3 months). Even where a valid ground exists, procedural errors by the landlord can delay or defeat the claim. Call Food & Solidarity on 07393 101018.

I received forms N5 and N119. What do I do?

N5 is the possession claim form and N119 is the particulars of claim. You usually have 14 days to respond to the court. Do not ignore them - failure to respond makes eviction more likely. Call Food & Solidarity on 07393 101018 immediately. We can check the validity of the notice, review deposit compliance, identify procedural errors, and support you through the court hearing.

Can deposit errors still block an eviction after Section 21 ends?

Yes, for most grounds. Under Section 8 from 1 May 2026, a landlord generally cannot obtain a possession order unless they have protected your deposit correctly and provided the prescribed information. The only exceptions are Grounds 7A (antisocial behaviour) and 14 (antisocial behaviour - discretionary). This is a significant tenant protection. If your deposit was never protected or prescribed information was not given, call Food & Solidarity on 07393 101018.

Renters' Rights Act 2026 – what it means for Newcastle tenants — Food & Solidarity Newcastle | Community Support, Housing Rights & Food Parcels

From 1 May 2026, landlords in England can no longer use Section 21 no-fault evictions. If you received a Section 21 notice before this date, see our Section 21 guide and validity checklist. For the new rules after May 2026, read on.

Evictions are not over. But landlords must now prove a legal reason, use the correct process, and comply with strict procedural rules. Every mistake they make is an opportunity for organised tenants.

Transitional Rules: S21 Notices Served Before 1 May 2026

If you received a Section 21 notice before 1 May 2026

That notice remains valid under transitional provisions. However, your landlord must issue court proceedings by 31 July 2026. If they do not, the notice expires and they must start again using Section 8.

The 6-week window between now and 1 May 2026 also means your notice may already be invalid. Check the full Section 21 validity checklist, including deposit protection, How to Rent guide, gas safety certificate, EPC, EICR, whether the notice period falls correctly, and whether your property is in a Newcastle selective licensing area without a licence.

Call us: 07393 101018.

What Replaces Section 21?

From 1 May 2026, all evictions must use Section 8 of the Housing Act 1988. Your landlord must:

Serve the correct Form 3A notice (the new prescribed form, see below)
Specify a valid ground from the expanded list of Section 8 grounds
Meet the required notice period for that ground
Have protected your deposit correctly (required for most grounds)
Provide supporting evidence to the court
Follow strict timing and procedural rules throughout

Mistakes by landlords are common and can invalidate the entire claim. Organised tenants who understand the process have real leverage.

Form 3A has not yet been published. The government has confirmed it exists and will be published before 1 May 2026. Until it is published, landlords cannot lawfully serve a post-May 2026 Section 8 notice. When you receive a Form 3A, the accuracy of every detail matters. Call us immediately on 07393 101018.

The Main Section 8 Grounds: What to Expect

There are now 37 Section 8 grounds. Most landlords will use one of these:

Ground	Reason	Notice period	Type
Ground 8	Rent arrears: at least 3 months owed at time of notice AND at hearing	4 weeks	Mandatory
Ground 1	Landlord or family member moving in as main home	4 months	Mandatory
Ground 1A	Landlord selling the property (cannot expire in first 12 months of tenancy)	4 months	Mandatory
Ground 7A	Antisocial behaviour: conviction or breach of ASBO	No notice required	Mandatory
Grounds 10/11	Rent arrears below 3 months (discretionary)	4 weeks	Discretionary
Ground 14	Antisocial behaviour: nuisance or annoyance	2 weeks	Discretionary

For mandatory grounds, a judge must grant possession if the ground is proved. For discretionary grounds, a judge can refuse possession if it is not reasonable. Procedural errors by the landlord can defeat mandatory as well as discretionary claims.

Key change on rent arrears (Ground 8): Under the old rules, 2 months arrears was sufficient. From 1 May 2026, the landlord must prove at least 3 months arrears at both the time of the notice and the time of the hearing. If arrears fall below 3 months before the hearing, the mandatory ground fails. Universal Credit delays are also excluded from the calculation.

Deposit Protection: Still a Critical Defence

For most Section 8 grounds after 1 May 2026, a landlord cannot obtain a possession order unless your deposit was properly protected in a government-approved scheme (DPS, MyDeposits, or TDS) and you were given the prescribed information. The exceptions are only Grounds 7A and 14 (antisocial behaviour).

If your deposit was not protected, or you were not given the prescribed information, you have a strong defence against most possession grounds. This is true regardless of whether the landlord has a valid ground. Call us on 07393 101018 to check.

Note: unlike Section 21, the EPC, gas safety certificate, and How to Rent guide are not prerequisites for a Section 8 claim after 1 May 2026. However, failure to comply with these obligations may still be relevant to disrepair counterclaims.

Court Papers: N5 and N119

If your landlord issues court proceedings, you will receive:

Form N5: the possession claim form
Form N119: particulars of claim, setting out the grounds and evidence

You usually have 14 days to file a defence. Do not ignore these forms. Failure to respond makes eviction significantly more likely. Call us on 07393 101018 as soon as you receive them.

Common errors in N5/N119 that can defeat or delay a claim: wrong notice form used, incorrect ground specified, notice period not correctly calculated, deposit prescribed information not evidenced, Ground 8 arrears not reaching the threshold at the time of the hearing, Ground 1A notice expiring before the 12-month tenancy anniversary.

Rent Arrears and Hardship

Even where rent is genuinely owed, eviction is not automatic under the new rules:

For Ground 8, arrears must still be at least 3 months at the time of the court hearing. If you can reduce arrears below that threshold before the hearing, the mandatory ground fails.
For discretionary grounds (10, 11), a judge can suspend the possession order and attach conditions such as a repayment plan.
Hardship, vulnerability, and children in the household are all factors the court considers.
Procedural errors in the notice or claim can delay or defeat the possession order.

If you are in rent arrears, the worst thing you can do is wait. Call us on 07393 101018. The earlier we hear from you, the more options exist.

Bailiffs and Enforcement

Even after a possession order, enforcement takes time:

The landlord must apply separately for a Warrant of Possession before bailiffs can act
Bailiff appointments can be delayed due to court backlogs, which remain severe across England
Enforcement can be challenged or negotiated
Do not leave your home before bailiffs arrive. You have rights at every stage. See our bailiff rights guide.

All Tenancies Become Periodic from 1 May 2026

From 1 May 2026, all existing assured shorthold tenancies automatically become assured periodic tenancies (rolling, with no end date). Fixed terms are abolished. This means:

Your tenancy does not end at the end of any fixed term after 1 May 2026
Your landlord cannot end the tenancy without a valid Section 8 ground
You can end the tenancy at any time by giving 2 months notice in writing, expiring on the last day of a period
Rent can only be increased once a year using the new Section 13 procedure (Form 4A)

This is a significant shift in power. Organised tenants on periodic tenancies who understand the new rules have more security than under any previous framework. Read more: our full guide to the Renters' Rights Act for Newcastle tenants and our analysis of what it does and does not change.

How Food & Solidarity Can Help

We do not offer legal advice. We offer collective action from organised neighbours, which is often more powerful.

Notice checking: we help identify procedural errors in Form 3A, N5/N119, and Section 8 grounds
Court accompaniment: members attend hearings so you are not alone
Monitoring and documentation: community members help document landlord harassment or improper pressure
Community pressure: organised action on landlords and letting agents acting unlawfully
Fundraising: for court costs and moving expenses when needed
Connection to legal resources: Shelter, Citizens Advice, housing solicitors

See our member stories and wins, our 2023 eviction crisis campaign, and our direct action page for what this looks like in practice.

Call 07393 101018 Join Food & Solidarity

Free Legal Advice in Newcastle

Food & Solidarity does not offer legal advice. For legal advice on Section 8 eviction after May 2026:

Shelter England, Section 8 advice: england.shelter.org.uk | 0808 800 4444
Shelter England, Section 21 (for pre-May notices): england.shelter.org.uk
Citizens Advice Newcastle: 0808 278 7868
Newcastle City Council Housing: 0191 278 7878
Civil Legal Advice: 0345 345 4 345 (free if you qualify for legal aid)

Page last updated: April 2026 (includes changes effective 1 May 2026).

Section 21 Is Ending: What It Means for Newcastle Tenants