The Abolition of Section 21

The new Renters’ Rights Act 2025 came into force on 1 May 2026 and sees the most significant shake up to rental legislation in several decades. 

One of the biggest changes is how landlords can evict tenants, a move designed to protect tenant’s rights.

Section 21 Notices are going to become a thing of the past, a sea change for landlords and ushering in a new order that means eviction must be backed by a reason defined in the legislation.

We act for landlords, property investors and letting agents in eviction and possession claims across the country. We have acted in hundreds of these disputes over the course of decades and are well placed to assist with any queries. One of the most significant impacts is that the Renters’ Rights Act 2025 has ended the existence of so called ‘no fault’ evictions. There are and remain a number of important options a landlord can consider. If you need assistance contact our property litigation team who will be happy to help you.

What Is a Section 21 Notice? 

Under the Housing Act 1988, prior to the Renters Rights Act 1988, landlords had two ways to evict their tenants: a Section 8 eviction under which they must demonstrate specific grounds, or a Section 21 notice also known as a no-fault eviction.

No-fault evictions were so-called because a landlord didn’t need to give a reason. All a landlord had to do was provide two months’ written notice to end the tenancy. 

However, there were conditions attached to this type of eviction. Additionally, a Section 21 Notice was not permitted during a fixed term tenancy and cannot be served in the first four months of a tenancy agreement.

The new Renters’ Rights Act 2025 abolished Section 21 evictions.

Why Is Section 21 Being Abolished? 

This is a fraught question. Ultimately politicians want votes, and tenants are a significant pool of voters. There has been, for decades, chronic under investment in building and maintaining social housing. Combined with the ‘right to buy’ council/local authority housing for discount, this social housing under-investment has led to a significant increase in tenants who would traditionally have been housed on that basis, seeking to be housed in the private rental sector. At the same time as increased demand successive government policy had made it less attractive to invest in buy-to-let property. Items such as clause 24 mean that landlords who are high rate tax payers pay tax on turnover and rental income, not profit. Even before the Renters Rights Act 2025 lots of other legislation and regulation has been introduced bringing ever increasing burdens for landlords. This, in turn, encourages landlords to sell, and with less supply and greater demand, rents have increased. Historically possession claims were very low in volume- less than 1% of tenancies resulting in a claim, but many tenant organisations have vocally campaigned for tenants to have greater rights and protections creating an ‘us’ vs ‘them’ environment that most landlords, especially accidental landlords who have say inherited a property, wouldnt recognise.

Taking into account all the above and rises in the cost of living, government has moved to give tenants greater protections. Pro tenant organisations had long suggested the fear of a Section 21 notice discouraged tenants from challenging unfair rent increases or poor property maintenance. Pro landlord organisations would say claims and section 21 notices represent an incredibly small percentage of landlord and tenant relationships, and would also add that many landlords elected to use the section 21 ‘no fault’ process even where there was fault, such as rent arrears, simply because the process was simpler, quicker, and cheaper. 

The 1988 Housing Act which created Section 21 was originally implemented to modernise and stimulate the private rental sector by encouraging more landlords to come forward but that position has now changed for the above reasons. 

Fast forward forty odd years, and the abolition of Section 21 is designed to improve security of tenure. 

The new legislation means tenants cannot be evicted unless the landlord provides a reason. In practice this will mean that claims will take longer and will be more expensive, and will also mean that tenants at fault, for example because of rent arrears, can be expected to face Judgment being entered against them. Previously that would be unlikely, because tenants typically have no assets and so it might not stack up commercially speaking for a landlord to pursue a tenant for arrears. Now the position has changed.

To try to maintain some balance the Act expands Section 8 (the other way to evict tenants), with additional grounds for possession. The legislation also toughens up some of the listed grounds relied on within a section 8 notice, potentially making eviction even on those grounds harder than it was before (including rent arrears).

How Will Section 21 End? 

The final cut-off date for Section 21 notices was midnight on 30 April 2026. Notices now cannot be served. However, there will be some no-fault 21 evictions still in process at this time where notice was given before that date. We are continuing to act in these claims.

When Will Section 21 Be Abolished? 

Section 21 have been abolished from 1 May 2026. From this date, it is now no longer possible to serve a no-fault eviction notice in the private rented sector. 

Local authorities will have the power to impose a fine of up to £7,000 on landlords who transgress the new eviction rules. Other higher penalties apply for other misdemeanours. 

What Comes After Section 21 Ends? 

There is a transitional period for valid Section 21 Notices issued before 1 May 2026. Going forward, landlords must rely on the expanded grounds in Section 8 if they want to evict. We are already serving these notices on tenants, on behalf of landlords. 

What Replaces No-Fault Evictions? 

From 1 May 2026, to evict a tenant, a landlord must give a specific ground under Section 8 which will be the only legal route to possession. Some grounds may be described as fault-based like rent arrears, but others are nothing to do with tenant behaviour. 

What Are Section 8 Grounds for Possession? 

Section 8 has a detailed list of mandatory and discretionary grounds which allow landlords to repossess their property. The new legislation expands the existing grounds and adds new ones to reflect the abolition of Section 21.

Any/every section 8 notice must rely on, and expressly state, ‘grounds’ in precise form that are relied on.

Mandatory grounds mean the court must grant possession if the Section 8 notice is valid and a landlord provides evidence that the ground exists.

A Section 8 notice made on discretionary grounds allows the court to decide whether a possession order should be granted. Even if the notice is supported by solid evidence, the judge still has discretion. 

It’s possible to use a mix of mandatory and discretionary grounds, commonplace in cases of serious rent arrears.

It’s vital to choose the correct ground and be able to support it not least because there will now definitely be at least one hearing. A Section 8 notice on either mandatory or discretionary grounds may also fail for an administrative error that has nothing to do with the supporting evidence.

There are new mandatory and discretionary grounds for possession set out in Schedule 2 of the Act.

Ground 1A is a new ground which allows the landlord to evict if they want to put their property on the market. There is a notice period of four months. This ground cannot be used during the first twelve months of a tenancy (the ‘protected period’).

A landlord must be able to demonstrate their intention to sell the property. There is also a closed period of twelve months during which time the landlord cannot re-market the property for rental if it doesn’t sell or they have a valid change of mind.

Ground 4A is a new ground for HMOs (Houses in Multiple Occupation) and a new student ground, tightly defined for genuine student turnover, and which must fit the academic cycle. Not every student property falls within this ground.

The expanded Ground 8 is there for serious rent arrears, now amended so that rent arrears must be three months for monthly rent, not two, at the time the notice is served and at the hearing date.

A proposed Mandatory Ground for persistent offenders, tenants who had been in at least two 

Discretionary Grounds 10 and 11 will help alongside Ground 8 as Ground 11 covers persistent delay in paying rent, even if a payment is made just before the hearing. 

Our feeling is that while Section 8 has been expanded to offset the abolition of Section 21, it’s also been made harder to evict tenants.

Are There Transitional Provisions for Pending Section 21 Notices?

Transitional provisions apply to valid Section 21 notices served before the cut-off date of 1 May 2026. To rely on these provisions, a notice must comply with all legal requirements and not have been served in the first four months of a tenancy.

Where a valid Section 21 notice is served before 1 May 2026, a landlord can begin possession proceedings before the ‘applicable date’ of 31 July 2026.

Under Section 21, a tenant must be given at least two months’ notice. If after 1 May 2026, the Section 21 notice expires and the tenant hasn’t vacated the property, a landlord may still apply to the court for possession provided the notice was served before the cut-off date.

The transitional provisions make clear that if a Section 21 notice has been served, the landlord has the earlier of either four months from the date the notice expires or three months from the start the tenancy to request an order for possession.

After 31 July 2026, landlords will no longer be able to make possession claims under Section 21.

Frequently Asked Questions

What is replacing a section 21 notice?

Section 21 is being replaced by an expanded Section 8. From 1 May 2026, the only form of legal eviction in the private rental sector will be via a Section 8 notice. The new statute adds extra grounds to Section 8 reflecting the abolition of no-fault evictions under Section 21.

What are the new rules on evicting tenants?

The consequence of the new rules under the Renters’ Rights Act 2025 is that section 21 no-fault evictions no longer exist after May 1, 2026. Tenant eviction in the private rental sector must fall within either a mandatory or discretionary ground/s listed in Section 8. Some of these are not fault based, such as a landlord who needs to sell a property, but generally speaking if a tenant won’t leave, notice and a fault based claim will be needed. 

Are no fault evictions banned in 2026?

No fault evictions under Section 21 are prohibited from 1 May 2026. There are transitional provisions for valid Section 21 notices served before 30 April 2026. However, even with a valid notice, landlords will not be able to apply to the court for possession after 31 July 2026.

Helix Law Supports Landlords To Regain Possession of Properties

There is no doubt that from 1 May 2026, landlords face a more challenging landscape if they need to regain possession of property as a result of the Renters’ Rights Act 2025. Notices in many instances will require longer to expire, including where the tenant might not be paying rent. Outgoings and property repair and maintenance must still be paid for by the landlord. Where claims are needed we anticipate these claims will take longer in the court process- 12 months likely to be the new normal, perhaps longer, not least because there will be at least one hearing and with greater volume and steps such as needing a bailiff- the process is bound to take longer. 

Many landlords rightly fear a loss of rental income and complex, lengthy possession cases, especially with the current delays in the court system. Proving fault may lead to tenant disputes that were otherwise avoidable, complicating the picture. It has never been more important to get a claim right at the outset.

Our specialist property team at Helix Law is ready to work with you as a landlord, investor or agent, to prepare and serve valid notices, and to win in the resulting claims as/when needed. Aside from residential property claims for landlords, our litigation team act in a wide variety of property, commercial and construction claims, nationally. If counter claims are pursued- we are well placed to deal with them for you, with you.

Decades of experience enable us to offer practical and informed support to landlords, essential ahead of the new Renters’ Rights Act. If you are facing a property eviction requirement don’t hesitate to contact our property litigation team today for fast and friendly advice. We’d love to help you.