No-Fault Evictions Are Ending: What’s Your Fastest Legal Route to Possession Now?

The government’s new landmark Act of Parliament, the Renters’ Rights Act 2025, is the biggest shake-up in the rental property market in England in decades.

The intention is to improve housing standards and protect the 11 million tenants in private rental in England. It covers issues as varied as ‘decent home standards’, pet rights, anti-discrimination provisions, and new rules on landlords regaining possession.

This article examines the end of no-fault evictions in May 2026 and the new steps landlords may need to take to obtain possession of their property when the law changes. Our specialist property litigation team act nationally in helping landlords, property investors, letting and managing agents regain possession of their properties. 

What No-Fault Evictions Are and Why They’re Ending

A ‘no-fault’ eviction currently allows landlords to terminate an Assured Shorthold Tenancy (AST) at the end of a fixed term tenancy without any fault or breach of contract on the part of their tenant.

Possession could be because they want to live in the property themselves, renovate it, or sell it, but landlords don’t need to provide a reason.

The AST was the cornerstone of the modern rental market. Landlords could let with confidence, secure in the knowledge that they would always be able to recover possession of their property without a long drawn out court case.

No-fault evictions are currently permitted under section 21 of the Housing Act 1988, provided landlords give the tenant two months’ notice at a minimum.

The new legislation also provides greater protection against retaliatory evictions, where landlords can evict a tenant for raising legitimate complaints by using a Section 21 notice.

After 1st May 2026, landlords will only be able to start possession proceedings if they have satisfied particular grounds. The Renters’ Rights Act also introduces new dispute resolution procedures, which will divert complaints down a different route.

Key Dates and the Transition to a Post-Section 21 System

No-fault or Section 21 evictions, as they are called, will be abolished in England from 1st May 2026. Until then, landlords can still use the current legislation to regain possession.

Any notice served before 1st May 2026 (‘the commencement date’) is valid even though the tenant’s likely departure date will be after the law has changed. There’s also a transitional provision that a claim relying on the notice must be issued by 31st July 2026.

However, the reality of possession claims remains that some courts are taking months to issue claims and then list them for a hearing weeks or even months later. Possession claims can be complex and are often not quickly resolved.

The government is proposing increased funding for courts and a new digital system to streamline this process, making it more likely rather than less likely that claims will be issued by 31st July 2026.

There is currently no clarity on what will happen to claims filed within the time frame, but that miss the July deadline due to procedural delays.

The Section 21 Switch-Off: How Royal Assent and Abolition Affect New Tenancies

The Renter’s Right Act received royal assent and became law on 27th October 2025. The new legislation introduces a new tenancy system that offers tenants more flexibility and security.

Assured shorthold tenancies have been abolished. All new tenancies will be assured periodic tenancies, giving tenants the option to leave their accommodation at any time by providing two months’ notice, thereby removing the restrictions of fixed-term rentals. Any existing tenancies will also become assured periodic tenancies.

It remains to be seen whether providing tenants with improved rights and security will impact access to tenancies. The already shrinking private rental sector may contract even further under the burden of the new regulations.

Possession Under the New Act: Grounds, Evidence, and Legal Thresholds

After 1st May 2026, landlords will still be able to evict tenants, but they will need a valid and legal reason to do so. This right exists now under Section 8 of the Housing Act (called a Section 8 eviction).

Part of the government’s intention under the Renters’ Rights Act is to strengthen tenants’ rights and security by enhancing the eviction process under a Section 8 notice. Consequently, Section 8 is being revised.

There is a counterbalance, as landlords also have rights, so fair grounds for repossession will be available, some of which may not require tenant fault or breach.

Fault-based grounds, such as anti-social behaviour and rent arrears, will remain, and landlords will still be able to evict if they need to move into the property or sell it. However, they must provide solid evidence to support the basis of the eviction.

Landlords will need to understand which grounds for possession are discretionary and which are mandatory, as well as the evidence required for each to proceed with a claim for possession under Section 8.

Compliance Requirements That Can Make or Break Your Possession Claim

When using the Section 8 route for eviction, landlords must show compliance with other statutory duties. This includes the deposit protection rules and security deposit cap under legislation such as the Tenant Fees Act 2019 (TFA).

These obligations are independent of but highly relevant to a possession claim. The new order puts increased emphasis on procedural correctness.

There are many ways a tenant can challenge a possession claim. For landlords, it’s vital to ensure that your audit trail is squeaky clean and compliant. The slightest technical inaccuracy and your claim for a Section 8 possession can be nullified.

The bottom line is that non-compliance with statutory duties will impact a landlord’s ability to regain possession of the property.

Frequently Asked Questions

What Are the New Rules on Evicting Tenants?

No-fault or Section 21 eviction will end from 1st May 2026. After that, landlords will need to rely on Section 8 of the Housing Act 1988 to gain possession of their property. Section 8 offers a range of mandatory and discretionary grounds, accompanied by an increased evidence requirement.

Will the Council Rehouse My Tenant After Eviction?

The new legislation makes it more difficult to evict tenants without fault. However, there’s no guarantee that a local council will rehouse a tenant if they are evicted. Each case is different and will depend on your tenant’s personal circumstances, the reason for eviction, and whether the council thinks they’ve made themselves intentionally homeless.

Renters’ Rights Act 2025 Redefines Landlord Obligations

Losing Section 21 evictions, widely regarded as the safety valve of the private rental sector, is a profound change for landlords who could rely on repossession without a protracted court case.

The new era of private rental highlights meticulous compliance, strong evidence, and the likelihood of a longer wait for a vacant property, even if all the necessary boxes are ticked. In simple terms, landlords will find it harder to evict their tenants.

Helix Law has an expert property litigation team ready to help prepare landlords for the new order. We work in claims of this type and specialise in this area of law. We can undertake a comprehensive review of your current tenancies, provide advice on compliance, and assist with Section 8 notices if you require repossession. Get in touch today.