An End to Section 21 ‘No Fault’ Evictions

Until 1^st May 2026, Section 21 notices were used by landlords to evict tenants from their properties in the private rented sector. Whilst a minimum of 2 months’ notice had to be given, no reason had to be given for landlords requiring possession of the properties. This led to the term being coined of Section 21 ‘no fault’ evictions and this process has been a contentious issue for a long time.

Now, legislation has come into force under the Renters’ Rights Act that prohibits the use of these notices to begin possession proceedings. This ensures a much fairer system, enabling tenants to feel more secure in their homes. Under the new legislation, a valid legal reason must be given to seek possession and evidence must be provided to back up these grounds. In many cases, a longer notice period will need to be given, too.

This guide dives a little deeper into the eviction process used until 1^st May 2026, why the abolition of Section 21 ‘no fault’ evictions has been necessary, what the new process is and how it’s beneficial for both tenants and landlords.

First, we’ll cover the eviction process that has been used in the private rented sector until 1^st May 2026. To begin possession proceedings and bring an assured shorthold tenancy (AST) to an end, landlords had to start a legal process. This entailed serving their tenants with a Section 21 notice. A Section 21 is a legal notice applying in England under the Housing Act 1988.

A Section 21 notice had to give tenants a minimum of 2 months’ notice, specifying a date by which they had to leave the rental property. If the tenants didn’t leave by this date, the landlord then had the right to apply to the court for a possession order. 

When serving a Section 21 notice, landlords were not required to give a reason for doing so. As such, this possession process became known as ‘no fault’ evictions. This process has been a source of contention for many years, with reforms being called for.

This method of eviction was extremely unsettling and unfair to tenants. The short notice gave them little time to find suitable alternative housing and to save the funds necessary to move to another rental home.

With no reason having to be given for an eviction, tenants lacked security in their rented homes. They were always at risk of being asked to leave at short notice, even with no wrongdoing on their part. This, in turn, exacerbated issues. From fear of reprisal with an eviction notice, tenants often felt unable to report maintenance or repair issues that needed to be dealt with.

For tenants, the continuous threat of eviction hanging over their heads led to a considerable amount of insecurity and instability. Calls for greater tenant protections increased, with many in favour of the abolition of Section 21 ‘no fault’ evictions.

On 22^nd October 2025, the Renters’ Rights Act was passed in parliament and then given royal assent on 27^th October. This legislation represented the most significant overhaul to the private rented sector in 40 years. Numerous reforms were set to be rolled out across three phases, with key changes taking effect from 1^st May 2026. One of these was the abolition of Section 21 ‘no fault’ evictions.

Since 1^st May, Section 21 notices can no longer be used. Instead, Section 8 notices must be served to begin the eviction process. A valid legal reason must be given by landlords to seek possession of their properties and evidence has to be provided to support these grounds.

Examples of legitimate grounds for possession can include:

• A landlord wants to sell their property
• A landlord or close family member wishes to move into the property
• The property requires redevelopment
• The tenants are in serious rent arrears
• Damage has been caused to the property
• The tenants have displayed anti-social behaviour
• A breach of tenancy

Section 8 notices have been revised so that the grounds for possession meet the demands of the Act. For example, the required level of rent arrears has been increased to 3 months instead of 2 months. The notice period for this has also doubled from 2 to 4 weeks. Section 8 has also been strengthened, ensuring that landlords can evict tenants under reasonable circumstances.

Mandatory and discretionary grounds

The eviction process has to be undertaken in court, with some grounds for possession under Section 8 being mandatory ones. This means if a landlord has evidence that a specific ground exists, such as their tenant being in serious rent arrears, the court has to grant possession.

Other grounds fall under discretionary categories. For example, a tenancy term may have been breached or there may be some rent arrears but not a significant enough amount to warrant mandatory grounds for possession. In a discretionary case, the court decides whether or not it considers the possession grounds to be appropriate.

Recommendation for landlords

Whilst the end of the use of Section 21 notices for possession has caused concern for many landlords, the revisions to Section 8 notices have been welcomed. Giving landlords a safeguard, these revisions ensure that landlords can still gain possession of their properties under reasonable circumstances.

With the inevitable increased time and potential costs to be experienced under these new possession rules, landlords need to be more vigilant with the tenancies. It’s highly recommended to keep clear records of tenant compliance, along with details of any incidents that occur and ongoing communications with their tenants.

From 1^st May 2026, when Section 21 notices were abolished, other changes came into force under Section 8. These include the procedures for landlords who wish to sell their properties or move into them (or if they have family members who want to move into their properties) as well as grounds relating to students and HMOs.

Landlords who want to sell or move into their properties

Under grounds 1 and 1A of Section 8:

• A landlord cannot sell their property or move into it within the first 12 months of a tenancy. This 12-month term is a protected period that gives tenants more security in their new home.
• The notice period for a landlord wishing to sell or move into their property has increased to 4 months. This provides tenants with more time to find suitable accommodation elsewhere.

Re-letting restriction

Once a tenant has been evicted on the grounds that a landlord wants to sell or move into their property, the landlord cannot market or re-let the property for 12 months. This is to ensure that landlords don’t use these grounds as a pretext for evicting their tenants and then re-letting at a higher rent. Significant penalties can be faced for breaching this restriction.

Selling with the tenants in situ

The re-letting restrictions have caused concern for many landlords. Whilst tenants’ rights need to be protected, landlords may genuinely wish to sell their properties but then find themselves unable to. At this point, they’re then faced with having a vacant property that they cannot legally rent out for a year.

One way to get around this restriction is to sell the property with the tenants in situ. The existing tenancy transfers to the new owner, giving them an immediate rental income. The tenants can then continue to enjoy living in their home without interruption and the current landlord doesn’t have to worry about any consequences of failing to sell their property with vacant possession.

Students in HMO properties

Under the new ground 4A, which has been introduced under the Renters’ Rights Act, landlords can serve notice to students before a new academic year begins. The requirements for using ground 4A are:

• The property must be a house in multiple occupation (HMO).
• All tenants must be full-time students or the landlord has reasonable grounds to believe that they will be during the tenancy.
• Notice can only be served with the intent to gain possession of the property between 1^st June and 30^th
• At least 4 months’ notice must be given, with that notice expiring in the period between 1^st June and 30^th
• The landlord must give written notice to the students before the tenancy begins that they intend to use this ground.
• The tenancy agreement must be entered into no more than 6 months before the tenants are due to move in.
• The landlord intends to re-let the property to a new group of students.
• For tenancies that already existed before 1^st May 2026, landlords must provide the required written notice by 31^st May 2026, confirming their intent to re-let the property to a new group of full-time students. A Section 8, which must mention ground 4A, can then be served by 31^st July, giving at least 2 months’ notice.

The end of ‘no fault’ Section 21 evictions in England has been welcomed by tenants in the private rented sector as well as by groups advocating for tenants’ rights. It has been considered a long-overdue change that now allows tenants to feel secure in their homes.  

It has removed the worry for tenants of reporting issues that need to be dealt with, such as damp and mould, and then facing retaliatory evictions. Instead, tenants can enjoy better living standards. Tenants can also now benefit from longer notice periods that give them more time to find a suitable new home. By removing unwarranted evictions, a key aim of the Renters’ Rights Act is to reduce homelessness. 

Landlords’ reactions 

Whilst this aspect of the Act has been applauded by tenants and tenants’ rights groups, landlords and landlord organisations have had different reactions. On the one hand, it’s recognised that these reforms will serve to make the private rented sector a fairer, more transparent place. On the other hand, there are numerous concerns, such as a loss of income, loss of control over properties, tenant disputes and an overwhelmed court system. A wider concern is the move by landlords to sell their properties, reducing the rental housing supply. 

A loss of income 

Under the Renters’ Rights Act, the level of rent arrears required before grounds for possession can be sought has been increased from 2 to 3 months. The notice period has also increased, doubling from 2 to 4 weeks. Combined with the length of time it will take for the court proceedings, landlords can potentially lose several months of rental income. 

The loss of control over rental properties 

A key concern for landlords is that the strict requirements of the Act will severely restrict their flexibility and ultimately lead to a loss of control over their properties.  

An example of this is the move to end fixed-term assured shorthold tenancies and replace them with periodic tenancies. From a landlord’s point of view, their tenants can leave their property at any time with 2 months’ notice. The landlord, on the other hand, has to give longer notice to their tenants – typically 4 months – and can only do so if there’s a valid legal reason to end the tenancy. At that point, court proceedings have to take place for the eviction process. 

An insufficient court system 

The courts are already overwhelmed and it’s feared that the new, complex possession claims under the Renters’ Rights Act will exacerbate the issue. This will lead to lengthy delays for landlords, with landlord organisations calling for urgent reforms to the court system. 

Landlord-tenant conflicts 

With the implementation of Section 8 notices, landlords now have to give valid, legal reasons to seek possession of their properties. This can lead to disputes between landlords and tenants that would otherwise have been avoided when issuing Section 21 notices. 

An increase in eviction notices 

A concern widely voiced by landlord organisations concerning the end of ‘no fault’ Section 21 evictions was that many landlords would choose to exit the market ahead of the reforms. This would leave a significant reduction in the rental properties available when there is already high demand against low supply. 

As expected, there was a surge in eviction notices served before 30th April 2026. This led to a severe impact on tenants as hundreds reported ‘no fault’ evictions each day to organisations like Citizens Advice. Solicitors stated that they were inundated with requests to serve the notices in the last week of April. 

An increase in rental properties for sale 

Whilst many landlords served notices to sell their properties with vacant possession, others preferred quick sales of their tenanted properties. This meant that the existing tenancies would be transferred to the new owners upon completion of the sale. This allowed the landlords to continue receiving rental incomes until the sales had completed and enabled their tenants to remain in their homes with minimal disruption.  

Auction House reported a 70% increase in tenanted properties being sold at auction across England in April 2026 compared with the same month last year. Despite the number of landlords leaving the rental market this way, their properties opened up new opportunities for experienced investors. They capitalised on this influx of tenanted properties available at auction, purchasing them at considerably reduced prices. 

Despite the above-mentioned concerns, the removal of Section 21 notices is seen as a positive move in the private rented sector, for landlords as well as tenants. It should result in fewer ‘rogue’ landlords, with less than scrupulous landlords either bringing their standards up to the required levels or leaving the rental space. This will even the playing field for good landlords and reduce the competition. 
For tenants, the abolition of Section 21 ‘no fault’ evictions removes the threat of eviction through no fault of their own. They no longer have to worry about the fear of reprisal if poor property conditions are reported. The longer notice period with Section 8 notices also gives them more time to find suitable alternative accommodation. 

As a landlord, there are ways to ensure that the removal of the ‘no fault’ eviction Section 21 notice has minimal, if any, impact on you. 

Improve your tenancy screening  

The stronger your screening process, the better. Check a prospective tenant’s employment status and verify their income, check their legal right to rent, carry out a credit search and ask for a previous landlord’s reference. By carrying out comprehensive screening, you’re identifying reliable tenants and, in the process, minimising your financial risk, avoiding potential management stress and reducing legal issues. 
Maintain good records  
Grounds for possession must now be evidence-based and, therefore, it’s essential to ensure that your records are kept up to date. This includes details of rental payments, maintenance and repair issues, interactions with tenants and visits to the property. The more meticulous your records, the easier it should be to deal with any potential disputes in the future.

Maintain good records  

Grounds for possession must now be evidence-based and, therefore, it’s essential to ensure that your records are kept up to date. This includes details of rental payments, maintenance and repair issues, interactions with tenants and visits to the property. The more meticulous your records, the easier it should be to deal with any potential disputes in the future. 

Keep up to date with potential changes 

The rules relating to Section 8 notices are evolving to ensure they meet the standards required under the Renters’ Rights Act. It’s important to keep up to date with any changes to these rules so that you’re prepared and in a better position to deal with any potential challenges that may arise. For example, make sure that you’re aware of the different classifications for mandatory and discretionary grounds for possession and how the notice periods differ. 

Put financial protection in place  

The removal of Section 21 notices leaves you open to increased financial issues should your tenants go into arrears with their rent. This is because the minimum level of arrears to serve notice has increased, the notice period has increased and there will be inevitable delays with the court proceedings. If legal action is required against your tenants during their tenancy for any reason, the legal costs can also have a significant impact on your cash flow. 

Therefore, it’s worth considering taking out landlord insurance to ensure you have financial protection in place when you need it.  

• Rent guarantee insurance: This covers the rental income if your tenants stop paying it. They may, for example, have had to accept a reduction in pay, be struggling with the high cost of living or be withholding it due to a tenancy dispute. This insurance provides you with rental income up to a set monthly limit for up to 12 months.  
• Legal expenses cover: This ensures that your legal costs up to a set limit are covered if you encounter problematic issues. For example, dealing with the eviction of your tenants, rent recovery or contract disputes. 
  Our mortgage and protection brokers can go through the different options with you to ensure that you have the right protection in place for your rental investment. That way, you’ll have peace of mind that you have a financial safeguard should you ever need it. 

Ensure your property is maintained to a high standard 

Tenants can quickly get disgruntled if maintenance and repair issues aren’t dealt with quickly. By keeping your property well-maintained, you avoid potential disputes arising and, instead, strengthen the relationship between you and your tenants. 

Whilst the end of Section 21 notices can seem concerning, it needn’t be with the right systems in place. As long as you carry out your due diligence with tenant screening, ensure that your property is professionally managed, keep clear records and form strong relationships with your tenants, you can help to mitigate any potential risks.

Our mortgage and protection advisers are here to answer any queries you may have about the new reforms. They can offer impartial advice on the refinancing options available to you, review your portfolio structure or offer guidance on a long-term strategy in view of the new changes. Give us a call on 01322 907 000 and we’ll be happy to help you.