Housing association tenant: can section 21 still be used? (England)
Last verified: 9 October 2026 by LexSpeakAI Editorial. Sources: S.I. 2026/421, Housing Act 1988, Housing Act 2004, Deregulation Act 2015, Tenant Fees Act 2019.
Yes, where the tenancy is an assured shorthold. The 1 May 2026 reforms were brought into force only for assured tenancies that are not social housing, so social housing let by a housing association or other private registered provider is still on the old rules. That includes section 21 and the old grounds and notice periods. The government intends to change this from October 2027.
First, check who your landlord is. These rules cover social housing let by a housing association or other private registered provider. A private landlord is on the current rules, and a council tenancy is usually a secure tenancy under different legislation.
Enter your landlord type and your dates, and see which rules govern your notice.
Use the free notice checkerDoes this apply to you?
- Housing association or other private registered provider, social housing. The old rules apply, and this page covers them.
- Private landlord. Section 21 has gone for private tenancies since 1 May 2026, unless an older notice was preserved. Section 21 after 1 May 2026.
- Council tenant. Council tenancies are usually secure tenancies under different legislation, which this page doesn’t cover.
This covers homes in England. Homes in Wales run on different law, the Renting Homes (Wales) Act 2016.
What the law says
The commencement regulations brought the Renters’ Rights Act reforms into force on 1 May 2026 only for assured tenancies that are not social housing assured tenancies (S.I. 2026/421, reg. 2). Where the landlord is a private registered provider and the tenancy is a social housing assured tenancy, the law as it stood before 1 May 2026 still applies in full. Where that tenancy is an assured shorthold, this includes section 21, and the old grounds and notice periods apply to section 8 notices. A claim on the old rules may still follow the old procedure, including the accelerated procedure that went with section 21.
Government guidance says the new framework will apply to these tenancies from October 2027. That depends on commencement regulations that haven’t yet been made, so it is the government’s stated intention, not yet law.
What a section 21 notice needs
A section 21 notice from a private registered provider is valid only if each condition below was met when the notice was given, tested against the law on that date. These are stated as the law stood on 30 April 2026.
- Notice period. In writing, giving at least two months’ notice. For a periodic tenancy, the date given must also be no earlier than the tenancy could have been ended by a notice to quit given the same day (Housing Act 1988, s.21).
- Form. The prescribed form for a home in England is Form No. 6A. A notice on a different form is a validity point to examine.
- Fixed term of two years or more. The court can’t order possession unless the landlord gave at least six months’ written notice that it does not propose to grant another tenancy, telling the tenant how to get help or advice about the notice (s.21(1A)–(1B)).
- Four-month bar. No notice may be given in the first four months of the tenancy, or of the original tenancy if it is a replacement. The bar doesn’t apply to a statutory periodic tenancy (s.21(4B)–(4C)).
- Deposit. Where a deposit was paid, no notice may be given while it isn’t in an authorised scheme, while the scheme’s initial requirements haven’t been met (deposits paid on or after 6 April 2007), or until the prescribed information has been given, unless the deposit has been returned or a court application about it has been decided, withdrawn or settled (Housing Act 2004, s.215 as it stood before 1 May 2026).
- Prohibited payments. No notice may be given while a payment prohibited by the Tenant Fees Act 2019, or a holding deposit kept in breach of it, hasn’t been repaid, unless with your consent it was put towards rent or the deposit (s.17).
- Gas safety and energy certificate. No notice may be given while the landlord hasn’t given you a copy of the gas safety record or an energy performance certificate (s.21A; S.I. 2015/1646).
- Licensing. No notice may be given while the home is an unlicensed house in multiple occupation that needs a licence, or is unlicensed under a selective licensing scheme. Whether a licence was needed depends on the property and the council’s scheme.
This list isn’t complete. Other rules can affect a section 21 notice, so meeting every condition above doesn’t on its own make a notice valid.
Two points that don’t apply to housing associations
The How to Rent guide requirement doesn’t apply where the landlord is a private registered provider of social housing (S.I. 2015/1646, reg. 3(5)(a)). The protection against retaliatory eviction after a disrepair complaint doesn’t apply either (Deregulation Act 2015, s.34(6)). Disrepair can still matter in other ways, but not through those two routes.
Key dates and deadlines
| Situation | Rule | Result |
|---|---|---|
| 1 May 2026 | Reforms commenced for non-social-housing tenancies only | Housing association social housing stays on the old rules |
| Section 21 notice | Minimum notice | Two months, in writing |
| First four months of the tenancy | Four-month bar | No section 21 notice may be given |
| Fixed term of two years or more | s.21(1A)–(1B) | Six months’ written notice of no new tenancy |
| October 2027 | Government’s stated intention | New framework expected, subject to regulations not yet made |
What people in this situation usually do next
Most people start by confirming who the landlord is and what kind of tenancy they have, because that decides which rules apply. Then they check the notice against the conditions above, using their own dates and paperwork. With a notice and no court claim yet, many put their position to the landlord in writing. Once court papers arrive, the dates on them matter, and there is free help at court on the day from a duty adviser.
Related
Start with the dates on your notice. A section 21 notice must give at least two months, in writing, and each condition above is tested on the date the notice was given. A claim on the old rules may still follow the accelerated procedure, so check your notice before any court papers arrive.
A formal written response to your housing association about this notice, drafted from your dates and your paperwork, raising the validity points your facts engage.
Start with the court duty adviser, who gives free help at court on the day. For the law and your options set out in full, Lex can set up LexSpeak Counsel™.
Every notice turns on its own facts and dates. Lex can go through yours with you, in plain English, and set up LexSpeak Agent™ for you on the call if it fits.
Common questions
Does section 21 still apply to housing association tenants?
Where the home is social housing let by a housing association or other private registered provider and the tenancy is an assured shorthold, yes. The 1 May 2026 reforms haven’t been brought into force for those tenancies.
When will the new rules apply to housing association tenancies?
Government guidance says from October 2027. That needs commencement regulations that haven’t been made yet, so it is the government’s intention, not yet law.
My housing association never gave me the How to Rent guide. Does that matter?
Not for a section 21 notice. That requirement doesn’t apply where the landlord is a private registered provider of social housing.
I complained about repairs before the notice. Is that retaliatory eviction?
The statutory protection against retaliatory eviction doesn’t apply where the landlord is a private registered provider of social housing. Disrepair can still matter in other ways, for example as a counterclaim.
I rent from the council. Is this the same?
Usually not. Council tenancies are usually secure tenancies under different legislation, which this page doesn’t cover.
Legal information for England, not legal advice. LexSpeakAI® is not a law firm.