The government is abolishing Section 21 “no-fault” evictions as part of the Renters’ Reform Bill. This marks a major shift in how landlords can regain possession of their properties.
If you’re a landlord, this change affects you directly. You’ll need to follow a more structured legal process, provide valid grounds for eviction, and prepare for longer possession proceedings.
Rebecca Zaidi-Lowe, Associate & Solicitor at Jackson Lees, explains what’s changing, what it means for you, and what steps you should take now, while you still can.
What is Section 21 and why is it being abolished?
Section 21 of the Housing Act 1988 currently allows landlords to evict tenants without giving a reason, provided they follow the correct notice procedure. It’s often used to regain possession quickly and without conflict.
However, the government is scrapping this process to give tenants more security and reduce unfair evictions.
Once the Renters’ Reform Bill becomes law, landlords will only be able to evict tenants using Section 8, which requires specific legal grounds.
What will replace Section 21?
Section 8 will become the only route for regaining possession. This means landlords must prove one of several legal grounds, such as:
- Persistent rent arrears – Even if tenants reduce arrears before a hearing, landlords can still proceed if arrears have been frequent.
- Selling the property – A new mandatory ground (Ground 1A) allows landlords to evict if they intend to sell, but only after 12 months of tenancy and with a 4-month notice period.
- Moving in – Landlords or close family members can reclaim the property for personal use.
- Serious antisocial behaviour – The threshold for this ground is being lowered, and courts will be encouraged to prioritise these cases.
How will tenancies change under the new rules?
All tenancies will become periodic, meaning they roll month-to-month with no fixed end date.
This gives tenants more flexibility but also means landlords must follow the Section 8 process to end a tenancy, with no more automatic end dates.
Can landlords still increase rent under the new system?
Yes, but tenants will have more power to challenge increases.
If a rent hike appears excessive or is used as a backdoor eviction tactic, tenants can take the matter to a tribunal. This adds another layer of scrutiny for landlords.
What should landlords do before Section 21 is abolished?
If you’re considering ending a tenancy or dealing with a difficult situation, now is the time to act. You can still:
- Serve a valid Section 21 notice while it’s legally available.
- Use the current process to regain possession more quickly.
- Avoid the delays and complexities of the new regime.
How can landlords prepare for the new rules?
Once Section 21 is gone, regaining possession will be slower and more expensive. To protect yourself:
- Reference and credit-check tenants thoroughly before signing any agreement.
- Keep detailed records of rent payments, communications, and any issues.
- Seek legal advice early if problems arise, don’t wait until it’s too late.
Act Now to Stay in Control
The end of Section 21 is a turning point for landlords. While the aim is to create a fairer rental market, the reality is that landlords will face more red tape and longer delays when trying to regain possession.
If you’re unsure about your rights or need to act before the law changes, our expert team at Jackson Lees can help.
We’ll guide you through the current process and make sure you’re prepared for what’s next. Please give us a call, request a callback or make an enquiry to find out how we can help.