ABOLITION OF SECTION 21 EVICTIONS

Since its introduction in the Housing Act 1988, Section 21 has allowed landlords to repossess their properties without needing to establish a fault or reason, provided appropriate notice was served after a fixed term. This “no-fault eviction” route became one of the defining features of the Assured Shorthold Tenancy (AST) and gave landlords a high level of flexibility and control. However, critics including tenant groups, local authorities, and charities argued it contributed to insecurity in the private rented sector, with tenants reluctant to challenge poor conditions for fear of being evicted without warning.

As part of the Renters Rights Bill, Section 21 is being abolished altogether. This marks one of the most significant changes to landlord legislation in over three decades. Once enacted, landlords will no longer be able to end tenancies without a valid legal reason. All possession claims will need to be made under Section 8, which outlines specific grounds that must be met to regain possession.

These grounds include serious rent arrears, persistent late payment, anti-social behaviour, or the landlord’s intention to sell the property or move in. Some grounds have been expanded or clarified in the new legislation, for example, expedited processes for anti-social behaviour cases and strengthened protections for landlords needing to sell.

Each Section 8 ground has a corresponding notice period, ranging from two weeks to two months, depending on the severity and nature of the breach. Documentation must be precise and thorough - any procedural error may result in the notice being invalidated and the claim being delayed or dismissed by the courts.

Evictions will now face greater legal scrutiny, and judges will have more oversight and discretion. For landlords, this increases the administrative burden and legal complexity of recovering possession. Clear, well-documented evidence and strict adherence to the new rules will be essential. Professional guidance and proactive property management are key to reducing risks.

This reform also shifts the balance of power more toward tenants, encouraging long-term, stable tenancies while deterring arbitrary or retaliatory evictions. Landlords will need to revise their tenancy management processes, notice templates, and record-keeping practices accordingly.

We can assist with reviewing tenancy files, ensuring legal grounds for possession are documented correctly, and advising on the most appropriate routes to regain possession under the new framework.

In Summary:

• Section 21 “no-fault” evictions are being permanently abolished.
• All possession claims must now use Section 8 and cite a valid legal ground.
• Common grounds include rent arrears, anti-social behaviour, or property sale.
• New legislation expands and clarifies several Section 8 grounds.
• Each ground comes with fixed notice periods and strict documentation rules.
• Mistakes in paperwork can lead to delays or dismissal of court applications.
• Evictions will be more regulated and scrutinised - legal compliance is essential.
• We can help you navigate these changes and protect your property interests effectively.