With the passing of the Renters’ Rights Act into law in October 2025, some major changes to the private rental sector are coming into force on 1st May 2026. The main one is the abolition of Section 21 ‘no fault’ evictions. This means that tenants can only be evicted under specific legal grounds.
For tenants, this provides more security without the constant worry that they may have to move out at short notice through no fault of their own. It also gives them peace of mind that they can report maintenance and repair issues to their landlords without fear of reprisal in the form of an eviction notice.
But what exactly does the end of Section 21 mean for landlords? What will replace it and how can landlords regain possession of their properties if needed?
Key takeaways
- Section 21 ‘no fault’ evictions will be abolished from 1st May 2026. Under the Renters’ Rights Act reforms, landlords will no longer be able to evict tenants without providing a valid legal reason, increasing security and stability for tenants.
- Evictions will instead take place under a revised Section 8 process. Landlords must provide valid grounds for possession, such as rent arrears, property damage or plans to sell the property, supported by evidence and subject to court approval.
- Landlords will need stronger documentation and careful preparation. Maintaining clear tenancy records, screening tenants thoroughly and understanding the updated possession rules will be essential to manage risk and regain possession when necessary.
What is Section 21?
Under the Housing Act 1988, Section 21 is a legal notice that applies in England. It allows landlords to give tenants who are on assured shorthold tenancies (ASTs) a minimum of 2 months’ notice to vacate their properties without having to give any reason for this. If a tenant continues to stay in a property, the landlord can apply to the court for a possession order.
Why is Section 21 being removed?
As no reason has to be given for serving a Section 21, this process has become known as a ‘no fault’ eviction. This has been a contentious issue for many years, with calls for its review to ensure greater tenant protections.
With the use of Section 21, tenants live with the constant worry that they may be evicted at any time, even with no wrongdoing on their part. Many refrain from reporting maintenance or repairs that are needed so as not to jeopardise their tenancies.
The removal of Section 21 means that landlords can no longer use ‘no fault’ evictions to make tenants leave their properties. Instead, they must provide a specific legal reason for possession and this has to be carried out via an evidence-based process.
What replaces Section 21?
Rather than serving a Section 21 notice, landlords will need to serve a Section 8 notice to start the eviction process. Tenants must be given valid, legal reasons for a landlord’s grounds for possession. Examples of these possession grounds include:
- A breach of tenancy
- Serious rent arrears
- Damage caused to the property
- Anti-social behaviour
- Redevelopment of the property
- The landlord wants to sell the property
- The landlord or a close family member wants to move into the property
A landlord has to provide evidence of these grounds and a judge will decide whether a possession order is granted. Some grounds are mandatory ones, such as serious rent arrears or the sale of the property. Others are discretionary grounds, such as anti-social behaviour or breach of a tenancy agreement.
The current grounds for possession under Section 8 are to be revised by the government. This is to ensure that landlords can gain possession of their properties in reasonable circumstances.
How does the end of Section 21 affect tenants?
With the abolition of Section 21, tenants can enjoy more stability and security without being under the constant threat of eviction at short notice. Under Section 8, landlords must give tenants valid, legal reasons for eviction and provide evidence for the grounds cited. Longer notice periods apply, depending on the grounds, and the decision for eviction lies with a judge.
Under the Renters’ Rights Act reforms, assured shorthold tenancies will be abolished from 1st May 2026. They will be replaced with rolling tenancies, which have no fixed end date. As such, tenants can give 2 months’ notice at any time during these new periodic tenancies.
How does the removal of Section 21 affect landlords?
Tenants have the right to challenge Section 8 eviction notices, which isn’t the case with Section 21 notices. As landlords have to provide evidence of their grounds for possession, a concern is that tenant disputes may arise. This means it’s crucial for landlords to maintain meticulous records and have adequate evidence for the particular possession grounds sought.
A loss of income is another concern. For example, if seeking possession for rent arrears, the amount of rent arrears is due to increase from 2 to 3 months. A longer notice period also has to be given, increasing from 2 to 4 weeks. With the added time for court proceedings to take place, landlords could stand to lose a significant amount of rental income.
Rather than being a straightforward and flexible process that Section 21 has allowed for, eviction under Section 8 has a longer timescale and a more involved legal process. The government’s commitment to strengthening Section 8 is to help address landlords’ concerns over this new process.
What happens if possession proceedings have already begun before 1st May 2026?
A valid Section 21 notice can still be served until 30th April 2026. To remain valid, court proceedings must be underway by 31st July 2026.
Can landlords still evict tenants if necessary?
Yes, landlords can evict tenants for legitimate reasons, such as rent arrears or anti-social behaviour. However, they must prove these grounds for possession in court, rather than issuing a ‘no fault’ notice that currently applies until the reform takes effect on 1st May 2026.
How to protect yourself as a landlord
As a landlord, the replacement of Section 21 with Section 8 may understandably concern you. However, there are various ways to prepare ahead of the deadline and protect yourself in the new rental landscape.
Ensure that you carry out robust tenant screening
Take employer references and previous landlord references for prospective tenants, make credit checks and carry out affordability assessments. If you prefer, use a professional agent to carry out these checks on your behalf. The stronger the screening process, the less likely you are to run into issues in the future.
Maintain your property to a high standard
Make sure any repairs and maintenance issues are dealt with promptly. Not only does this prevent issues from getting worse but it also shows that you care about your tenants’ well-being. This will, in turn, strengthen the relationship between you.
If you’re unable to look after the property management yourself, use the services of a property management company. They can handle maintenance issues quickly, carry out property inspections, liaise with your tenants and help to ensure that you meet landlord compliance requirements.
Maintain good records
With the removal of Section 21, you need valid, evidence-based grounds for possession. Therefore, to prevent an eviction attempt being invalidated, it’s essential to ensure that your documentation is on point. Examples of this include having records of the tenant deposit protection in place, rental payments made, repairs carried out, property inspections, tenancy breaches and communications with your tenants.
Keep updated with any potential changes
Make sure you keep up to date with the new Section 8 rules. Be aware of what qualifies for mandatory and discretionary grounds for possession and how they differ in notice periods. Being prepared and staying informed puts you in a better position to tackle any potential challenges.
Consider rent guarantee insurance and legal expenses cover
It’s important to protect your rental income, especially as longer notice periods and delays with court proceedings can add to already stretched finances if your tenants are in arrears. If you have to take legal action against your tenants for any reason, the legal fees can also put a significant dent in your cash flow. The right type of landlord insurance, therefore, gives you peace of mind that you’re financially protected when you need it most.
Be prepared for the new rental reforms
The end of Section 21 shouldn’t need to cause you any undue stress. Instead, it’s an opportunity to embrace professional management of your rental property and form stronger relationships with your tenants to help mitigate potential risks.
For advice on how to prepare for the transition and get help understanding the legal implications, give us a call on 01322 907 000. Our mortgage and protection experts are here to help you prepare for the upcoming reforms to the private rental sector.