Section 21 Is Being Abolished – Here’s What It Means for Landlords
The Government’s Renter’s Rights Act is bringing big changes to the private rented sector, and one of the most significant is the abolition of Section 21 “no-fault” eviction notices. As your letting agent, we want to explain this change in plain terms and reassure you that we’re here to help you navigate it. Below we’ll cover what Section 21 is, why it’s being scrapped, what it means for you as a landlord, and how we can support you through the transition.
What Is Section 21 (the “No-Fault” Eviction Notice)?
Section 21 refers to a legal notice under the Housing Act 1988 that allows landlords in England to end an assured shorthold tenancy (AST) without giving a reason. Because you don’t have to cite any fault by the tenant, it’s often called a “no-fault” eviction notice. As long as the tenancy’s fixed term had finished (or it was a periodic rolling tenancy) and you gave at least two months’ notice, Section 21 let you regain possession of your property relatively easily. This process has historically given landlords flexibility, for example, to regain a property if you decided to sell, move in, or simply end a tenancy at the agreed term without dispute.
In practice, most landlords have used Section 21 responsibly. It provided a straightforward way to bring a tenancy to an end when needed, often when both landlord and tenant mutually agreed to part ways or when there was a good reason (like wanting to sell the house). However, because no formal reason had to be given, Section 21 could potentially be misused by a small minority of landlords (for instance, in so-called “revenge evictions” after a tenant complains about repairs). This potential for abuse and the anxiety it creates for tenants is a big part of why the government is changing the law.
Why Is the Government Abolishing Section 21?
The planned end of Section 21 is part of the Government’s push for a “fairer private rented sector.” Officials argue that no-fault evictions allow for unfair or arbitrary treatment of tenants, undermining their security in their homes. By scrapping Section 21, the Renter’s Rights Act aims to:
- Improve tenant security and stability: Renters should feel confident they won’t be asked to leave without a valid reason, giving them more stability in their homes.
- Encourage transparent, accountable practices: Landlords will need a concrete, lawful reason to evict, which the government hopes will prevent unfair or retaliatory evictions and raise standards in property management.
- Reduce stress and last-minute moves: Ending the use of sudden no-fault notices should mean fewer tenants facing abrupt upheaval. This change is intended to reduce the housing stress of tenants being told to relocate on short notice.
In the Government’s own words, abolishing Section 21 will “provide more security
for tenants and empower them to challenge poor practice and unfair rent increases without fear of eviction”. In other words, tenants will gain more confidence to assert their rights (for example, requesting repairs or refusing large rent hikes) without worrying that they’ll simply be evicted for making a fuss.
While these goals focus on protecting tenants, the change does impact landlords by removing one of the easiest ways to regain possession of a property. It’s natural to feel concerned about losing this tool. However, as we explain next, you will still have options to evict if needed, just with a bit more process involved – and we’ll be here to guide you through it.
What Does Abolishing Section 21 Mean for Landlords?
In practical terms, abolishing Section 21 means you will no longer be able to evict a tenant with two months’ notice without giving a reason. Every eviction will need to use the Section 8 process (or other valid legal route) where you state a specific ground (reason) for regaining possession.
Here are the key implications for landlords once Section 21 is gone:
- All evictions will require a valid reason: You can still regain possession of your property, but you must cite at least one of the legal grounds under Section 8 of the Housing Act. These grounds include situations like the tenant falling into rent arrears, breaching the tenancy agreement, engaging in anti-social behaviour, or the landlord’s intention to sell the property or move in as their home. In short, you cannot evict without cause – there needs to be a concrete justification.
- Potentially longer timelines and more process: The Section 8 route is more evidence-based and may take longer than a no-fault Section 21 did. You’ll need to give notice citing the reason (the notice period can vary – for example, currently 2 weeks for serious rent arrears or 4 months if you plan to sell or move in under the new rules), then apply to the court for a possession order if the tenant doesn’t leave on their own. There won’t be an “accelerated” possession process anymore for no-fault cases, so going through court is required in most cases where the tenant contests the notice. This means evicting a tenant could take a bit more time and paperwork than you may be used to under Section 21.
- Improved grounds for regaining your property: On the upside, the government recognizes landlords still need to regain properties for legitimate reasons. As part of the reforms, Section 8 grounds are being expanded and strengthened to cover scenarios that Section 21 used to handle. For example, new mandatory grounds will allow eviction if you wish to sell the property or move in yourself, provided certain conditions are met (such as the tenancy being at least 12 months old and giving 4 months’ notice). In essence, you’ll have defined legal reasons to recover your property when truly needed – it just won’t be an automatic process at the end of a tenancy.
- All tenancies becoming periodic: Alongside abolishing Section 21, the reform will do away with fixed-term ASTs altogether. Tenancies will automatically become periodic (rolling) agreements. This means a tenancy no longer has a set end date after which you could simply decide not to renew – instead, it continues indefinitely until the tenant gives notice or you gain possession through a legal ground. For landlords, this change reinforces that you can’t just wait for a term to end and ask a tenant to leave without cause. You’ll need to plan ahead if you foresee needing the property back for personal use or sale. (Tenants, on the other hand, will still be free to serve notice to leave as before, with a minimum notice from their side.)
- Greater emphasis on compliance and documentation: With more scrutiny on the reasons for eviction, it’s going to be crucial to have your paperwork in order. Notices must be served correctly and the proper procedures followed. Any mistakes in notices or lapses in required compliance (like deposit protection or safety certificates) could lead to delays or the court rejecting a possession claim. The new system places pressure on landlords to strengthen compliance, keep tenancy documents up to date, and maintain good records. The days of a relatively simple Section 21 notice are ending, so diligent management is key.
Overall, the “no-fault” route will be gone, but you still have tools to manage your property. The focus will shift to proactive management, for example, dealing promptly with any tenancy breaches, and working with your letting agent to ensure any action is legally robust. Yes, evictions might involve a bit more time and effort, but they will remain possible when necessary. And importantly, good tenancies where the tenant pays rent and respects the property can carry on smoothly, giving you a steady income with less turnover. Many landlords may find that in practice, the new system doesn’t change things too drastically for them, especially if they seldom needed to use Section 21 in the past.
How to Navigate These Changes (And How We Can Help)
It’s understandable that these changes might seem daunting – losing Section 21 feels like a big shift in the landlord’s toolkit. But remember, you’re not alone in this. As your letting agent, it’s our job to stay on top of these legal changes and to help you adapt. In fact, the industry as a whole is moving toward a more professional, supported approach, with many landlords expected to lean on expert agents for guidance in the new era. Here are some ways we can help you navigate the post-Section 21 landscape:
- Expert advice and up-to-date information: We continuously monitor the Renter’s Rights Act’s progress and details. We’ll keep you informed about when Section 21 abolition takes effect and exactly what you need to do to remain compliant. Our team can explain the new rules in plain language (just like in this blog) and answer any questions you have. When you’re informed, it will feel far less intimidating.
- Tenancy management and compliance: We will review and update all your tenancy agreements and notices to fit the new law. For example, with all tenancies becoming periodic by default, we’ll ensure your tenancy documents are prepared for that change. We’ll also make sure that any notices to tenants are served correctly under Section 8 if the need arises, citing the right grounds and following proper procedure. By handling the paperwork and legal steps properly on your behalf, we can significantly reduce the risk of delays or mistakes if you do need to regain possession of a property.
- Guidance on possession grounds: If you anticipate needing your property back for a particular reason (perhaps you plan to move in or sell in the future), talk to us and we can strategize. We’ll advise on the appropriate possession ground to use and the timing (for instance, remembering that you cannot use the new “selling/moving in” grounds in the first 12 months of a tenancy, and that you must give a longer notice period). With our guidance, you can plan moves like selling with minimal disruption, ensuring you serve notice in a correct and timely way when the time comes.
- Tenant selection and relations: One of the best ways to avoid difficult evictions is to have great tenants and a solid landlord-tenant relationship. We’ve always been diligent in vetting tenants, but it’s now more important than ever. We conduct thorough referencing, income and credit checks, and rental history verification to select reliable tenants. By placing good tenants and maintaining open communication during the tenancy, we can often prevent issues from escalating. Happier tenants are less likely to cause problems, and you’ll be less likely to need an eviction at all.
- Support with problem tenants: If challenges do arise – say a tenant falls into serious arrears or causes damage – we will be there to support you. We can act quickly to address the issue: negotiating payment plans for arrears, arranging necessary repairs, or in worst-case scenarios, initiating the Section 8 eviction process on your behalf. We will help gather the evidence needed (e.g. records of non-payment or property damage), serve the proper notices, and guide the case through the court stage if it gets that far. Having an experienced professional navigate these steps can make a huge difference in how smoothly and swiftly it’s resolved. Our goal is to protect your rights as a landlord every step of the way, even under the new rules.
Overall, we want you to see these reforms not as a nightmare, but as a change we can adapt to together. In fact, many landlords who operate with good practices may find that the day-to-day impact is limited – you can still end tenancies for legitimate reasons, and with quality tenants you might enjoy longer, stable tenancies with fewer gaps. We’re here to ensure you continue to succeed as a landlord, lawfully and confidently. As one property industry expert put it, reforms like this are an opportunity for landlords to adopt a more strategic, professional approach to property management. With our help, you’ll not only adapt to the changes – you can thrive in spite of them.
Contact Us for Support
We understand that change can be unsettling, but knowledge and preparation make all the difference. If you have any questions about the end of Section 21 or how the new system will work, please reach out to us. Contact us at 01268 511311 or lettings@anthonyquirks.com with any queries or concerns. We’re more than happy to discuss how these changes impact your specific situation and to help you navigate the upcoming reforms with confidence.
Your letting agency team is here to help you every step of the way. Feel free to get in touch – no question is too small, and our door is always open to support you through the transition to a post-Section 21 world. Here’s to a smoothly-managed change and continued success with your rental properties!