Section 21 is gone. No-fault eviction ended when the Renters' Rights Act took effect on 1 May 2026, and the transitional window for notices served before that date closed on 31 July 2026.
If you own a rental property with an EPC rating of D, E, F, or G and you were relying on Section 21 to regain possession, whether to sell, carry out improvement works, or simply exit the tenancy, that route no longer exists. This guide sets out what replaced it.
Worth saying plainly up front: a D or E rating is legal to let. The minimum standard in England and Wales is band E, and only F and G properties are in breach without a registered exemption.
What Happened to Section 21
The last day to serve a Section 21 notice was 30 April 2026. Notices served before then survived abolition under the transitional rules in Schedule 6 of the Renters' Rights Act 2025, but only if court possession proceedings were filed by 31 July 2026.
| Action | Deadline (all now passed) |
|---|---|
| Serve Section 21 notice (Form 6A) | 30 April 2026 |
| File possession claim with court | 31 July 2026 |
| Notice lapses if no claim filed | After 31 July 2026 |
If you served a notice and filed in time, your claim continues through the courts. If you did not, the notice has lapsed and possession has to be sought under Section 8 grounds.
The EPC Trap: Did You Actually Give Your Tenant Their EPC?
If you have a Section 21 claim still working through the courts, one question decides a lot of them: did you provide your tenant with a copy of the property's EPC when they moved in?
This was the most common reason Section 21 notices were found to be invalid. Under the Energy Performance of Buildings Regulations 2012, landlords must provide an EPC to tenants before or at the start of a new tenancy. A failure to do so invalidated the Section 21 notice.
Note the distinction carefully:
- It was the provision of the EPC (was it given to the tenant?) that mattered for S21 validity, not the rating on it.
- An EPC showing a D, E, or even F/G rating did not automatically invalidate a S21.
- If the tenant was never given the EPC, the notice was open to challenge, and providing it belatedly did not always 'cure' the defect.
⚠️ The same document discipline still matters for Section 8 claims and for compliance generally:
- EPC provided to the tenant (with evidence)
- The current edition of the How to Rent guide provided at the start of the tenancy
- A valid Gas Safety Certificate provided (if gas is present)
Deposit protection is now a gateway for most possession grounds too. If you're unsure, take legal advice.
F and G Properties: What the MEES Breach Means Now
If your property is rated F or G, you are in breach of the Minimum Energy Efficiency Standards (MEES). Letting an F or G property without a valid exemption registered on the PRS Exemptions Register is unlawful.
MEES breach and possession are separate legal issues, but the breach carries its own exposure:
- Local authority enforcement, with MEES civil penalties capped at £5,000 in total per property across all breaches combined. The government has proposed raising that maximum to £30,000 alongside a band C standard, but that is not law and no landlord faces a £30,000 MEES penalty today
- Seeking possession while in MEES breach may be raised by a tenant's legal representative as evidence of retaliatory action
- Any court claim may be scrutinised more closely
If your property is F or G rated, fix the breach or register a valid exemption. The risks extend well beyond any one notice.
For D and E rated properties, the position is cleaner: you are not in MEES breach and the tenancy is lawful.
Ground 1A and the Upgrade Alternative
For landlords who want to regain possession, whether to sell, upgrade, or exit, Section 8 is now the only route.
| Route | Notice Period | Court Timeline | Notes |
|---|---|---|---|
| Section 21 | Gone | Closed 31 July 2026 | No longer available |
| Ground 1A (selling) | 4 months min | No firm deadline | Requires genuine intention to sell |
For D-rated properties specifically: the upgrade cost to reach EPC C is typically £1,000 to £5,000, often less than the cost and delay of a contested possession action. Our D-to-C upgrade guide walks through the cheapest steps to close the gap. It's worth running both calculations before committing to a possession claim.
If you decide selling is the right move, our full EPC exit strategy guide covers every route now available, including Ground 1A in detail.
Your Action Checklist
- Check your tenancy file, confirm the EPC, How to Rent guide, and gas safety cert were all provided to the tenant at the start of the tenancy
- Confirm the property has a valid, current EPC (check your rating here), it must not have expired
- Confirm the rating is band E or above. D and E are legal to let, F and G are not without a registered exemption
- Check every deposit is protected and the prescribed information served, because it now gates most Section 8 grounds
- If you are selling, read up on Ground 1A, including its four-month notice period and the genuine-intention-to-sell test
- If you are staying in, cost the upgrade to band C now, ahead of the proposed 2030 standard
- F/G property? Get legal advice, and register an exemption if you qualify
Is Upgrading Cheaper Than Selling?
Use our free EPC cost estimator to see what it would cost to bring your property to EPC C, then compare it to the timeline and costs of Ground 1A possession.
Frequently Asked Questions
Did my EPC rating affect whether a S21 notice was valid? Not directly. A D, E, F, or G rating did not automatically invalidate a Section 21 notice. What mattered was whether the EPC was provided to the tenant at the start of the tenancy. F/G properties are in MEES breach, which is a separate legal issue.
What if I never gave my tenant an EPC when they moved in? For a Section 21 claim, that defect will likely be fatal, and in some cases it cannot be cured retrospectively. Serve the EPC now regardless: providing it is a standing legal duty, not a possession formality.
Can I serve a Section 21 notice now? No. Section 21 was abolished on 1 May 2026. Landlords must use Section 8 grounds to recover possession. Ground 1A (genuine intention to sell) is the main option for landlords who want to exit.
I served a Section 21 notice before 1 May 2026. Is it still alive? Only if court possession proceedings were filed by 31 July 2026. The transitional rules in Schedule 6 of the Renters' Rights Act preserved pre-May notices up to that point. After it, they lapsed.
I've decided to upgrade rather than sell. Where do I start? If your property is rated D, it may be closer to EPC C than you think. See our D-to-C upgrade guide for the cheapest measures, typical costs, and what to expect from a reassessment.