What Are No-Fault Evictions?

In England and Wales, the circumstances in which a landlord can evict a tenant will soon change. An eviction can be an emotionally challenging process for both parties. The upcoming legislative reform, introduced by the current Labour government, seeks to recognise these difficulties while redressing what is often an imbalance of power between landlords and tenants. 

This article explains no-fault evictions, the new legislation, and its impacts. For further information and advice, contact Helix Law today. 

What Is a No-Fault Eviction? 

A no-fault eviction is a process whereby landlords can evict their tenants without providing a reason. The governing law of no-fault evictions is set out in Section 21 of the Housing Act 1988. This relates to Assured Shorthold tenancies only. 

In order to serve a Section 21 notice, the tenancy must be a rolling tenancy meaning the fixed term has come to an end. The landlord must have complied with specific statutory requirements in order to serve a valid notice. 

The Section 21 notice must confirm the date they require possession of the property. However, the tenancy continues even if the tenant stays in the property past this date; it is only through the court process that the landlord can legally evict them. 

The original intention of the Section 21 procedure was to give landlords flexibility. However, many argue that it leaves renters vulnerable to sudden evictions, making it harder for them to secure alternative accommodation. 

How Are No-Fault Evictions Changing?

The End of No-Fault Evictions

The government is currently pushing through new legislation, known as the Renters’ Rights Bill, to afford greater protection to private tenants. It aims to address an issue many renters face: unjustified evictions with little notice.

The government states that the Section 21 procedure often results in people feeling forced to live in poor conditions, fearing that a complaint could lead to an unreasonable eviction. 

The new law is expected to come into force around Spring 2025 and will abolish no-fault evictions. Instead, all assured shorthold tenancies will be periodic, meaning they will not have a fixed end date. The intention is that this will provide private renters more flexibility to leave properties that are not in good conditions. 

What Will the End of No-Fault Evictions Mean for Landlords?

Following the introduction of the new law, landlords will have to state a valid ground for eviction, including but not limited to:

• Their intention to sell or occupy the property.
• The tenant’s failure to pay their rent for at least three months.
• The tenant is subject to a serious criminal conviction.
• Anti-social behaviour.
• Breach of the tenancy agreement.
• They discovered the tenant had made a false statement to secure the residence. 

The law change will require landlords to retain more detailed records of their arrangements with their tenants, including any correspondence to rectify disrepair issues. They will need to rely on a specific reason to gain possession. 

People who let out their properties will not be able to reclaim possession as quickly and as easily, as tenants will have more time to find somewhere else to live. Eviction disputes will likely become more costly due to the evidence landlords must provide to convince the court to grant possession. 

Additionally, landlords who fail to comply with the new legislation will face financial penalties of up to £40,0000 and criminal prosecution for repeated breaches. 

How Will Tenants Benefit From the Abolition of No-Fault Evictions?

For tenants, the end of no-fault evictions means:

• Better housing security and longer-term stability.
• Protection from retaliatory evictions, where landlords issue an eviction notice as a direct response to a tenant complaint.
• More time to find other suitable housing.
• Flexibility, as they can provide two months’ notice to terminate their tenancy.
• Greater confidence to assert their rights and raise concerns with their landlords.

One key element of the Bill is to allow renters to become part of their community and make long-term plans, as they cannot be evicted with minimal notice. Renters will also be able to claim rent repayment orders from their landlords if they don’t comply with the new legislation. If successful, such orders require landlords to return up to 12 months’ rent to their tenants. 

The new law should also reduce the number of people living in substandard accommodation as people will be able to challenge their living conditions without fear of losing their homes. It will improve the mental well-being of private renters, as the Bill seeks to recognise the importance of having a secure and stable home. 

Frequently Asked Questions

Have No-Fault Evictions Been Scrapped?

No-fault evictions have not yet been abolished in England and Wales. However, the government is currently reviewing the Renters’ Rights Bill, which is expected to pass in Spring 2025. Once in force, it will scrap the Section 21 procedure and prevent landlords from evicting tenants without providing a good reason. 

Final Thoughts

The end of no-fault evictions represents a significant shift in England and Wales’s rental market. While landlords will face stricter requirements, tenants will gain improved housing security and protection from unjust evictions. These changes aim to create a fairer, more balanced system where both parties understand their rights and obligations.

Adapting to these changes can feel daunting, whether you’re a landlord or a tenant. If you’re preparing for the upcoming reforms or seek clarification on your rights, Helix Law is here to help. Our experienced legal team can provide tailored guidance to ensure you’re fully informed and protected. Contact Helix Law today for expert support on all tenancy-related matters.

On 28 October 2025 the long awaited Renters Rights Act 2025 (‘the Act’) received Royal Assent meaning it is now law. This includes very significant changes for landlords and tenants including changes to tenancy agreements, tenant rights, deposits, notices and eviction processes amongst others. For the current position on this see our blog here. This legislation includes numerous changes designed to alter the relationship between landlords and tenants, aimed at giving tenants greater security of tenure and rights. For now landlords can continue to use the existing processes and should serve notices and issue claims promptly wherever possible to take advantage of the time period before the Act is fully implemented. When the Act is fully implemented it will no longer be possible to pursue possession claims via the accelerated possession route as this will no longer exist. Section 21 notices are being abolished. Existing court forms will be changing. Landlords should ensure you remain up to date on the legislation to avoid later difficulties. Contact our team if you need assistance and we will be happy to help.

At present, the Act has not yet come into force; however, this is anticipated fairly soon.

Our fees and services will also be adapting to reflect the new reality. We will be continuing to act nationally in these disputes almost exclusively for landlords. When the Act is implemented a period of change, elongated timescales at court, and more complex and expensive court processes, should be anticipated in keeping with the aims of government to give tenants greater rights and security of tenure.