Does Section 21 still exist?

Why it matters

The abolition of Section 21 fundamentally alters how landlords manage their properties and interact with tenants, requiring a shift from 'no-fault' procedures to a 'for-cause' system for regaining possession. This necessitates meticulous record-keeping and a thorough understanding of the revised Section 8 grounds, as insufficient evidence will lead to unsuccessful possession claims and significant legal costs. Landlords must ensure all legal and compliance obligations are met throughout the tenancy, as any breaches could prevent them from using certain grounds for possession or delay the eviction process substantially.

Legal requirements

• Landlords must now use the updated Section 8 notice to initiate possession proceedings in England, specifying the grounds relied upon.
• Evidence supporting the chosen Section 8 grounds, such as rent statements, correspondence, or compliance certificates, must be maintained meticulously.
• All tenancies in England are now assured periodic tenancies, meaning there is no fixed term that guarantees a tenancy will end without a valid ground.
• Landlords must ensure compliance with all safety regulations, including valid gas safety certificates, electrical safety reports, and energy performance certificates.
• Deposits must be protected in an approved scheme, and prescribed information provided to the tenant within the statutory timeframe.
• Homes must meet the fitness for human habitation standards throughout the tenancy, as failure to do so can be a defence against possession.
• Any rent arrears claimed under Section 8 must be accurately recorded and properly documented.
• Landlords must provide tenants with a current copy of the How to Rent Guide at the start of the tenancy and when any updated version is published.
• Landlords must ensure they are properly licensed if their property is a House in Multiple Occupation (HMO) or falls under a selective licensing scheme.
• The landlord's identity and contact details must be provided to the tenant, as required by the Landlord and Tenant Act 1985.

Common mistakes

• Attempting to issue a Section 21 notice after its abolition, leading to an invalid eviction attempt.
• Failing to maintain comprehensive records of rent payments, communications, and property inspections, which are crucial for Section 8 grounds.
• Not ensuring all required compliance documents, such as EPCs, gas safety certificates, and electrical reports, are valid and provided to the tenant.
• Misunderstanding or misapplying the specific conditions for each Section 8 ground, resulting in a failed possession claim.
• Neglecting to protect a tenant's deposit or provide prescribed information, which can invalidate certain possession claims.
• Issuing an incorrectly formatted or incomplete Section 8 notice, causing delays or dismissal of the court application.
• Attempting to evict a tenant without a court order, which is illegal and can lead to severe penalties.
• Not addressing tenant complaints about property disrepair, potentially weakening a possession claim if a tenant has a valid defence.
• Failing to understand the extended notice periods now applicable for certain Section 8 grounds, particularly for rent arrears.
• Not providing a current 'How to Rent' guide at the appropriate times, which can sometimes impact the ability to seek possession.

Practical guidance

• Review all current tenancy agreements to understand their updated legal status as assured periodic tenancies in England.
• Familiarise yourself thoroughly with the expanded and revised Section 8 grounds for possession introduced by the Renters' Rights Act 2025.
• Establish a robust record-keeping system for rent payments, tenant communications, property maintenance, and compliance documents.
• Ensure all required safety certificates – gas, electrical, and EPC – are up-to-date and copies provided to tenants at the correct times.
• Regularly check the property's condition and promptly address any repairs to ensure it meets fitness for human habitation standards.
• When considering possession, accurately identify the appropriate Section 8 ground(s) and gather all necessary evidence to support your claim.
• Issue a correctly formatted Section 8 notice, specifying the ground(s) and ensuring the correct notice period is given.
• Seek professional legal advice if unsure about the correct procedure or validity of your grounds for possession.
• Communicate clearly and professionally with tenants regarding any issues, keeping a record of all correspondence.
• Stay informed about any further guidance or changes to landlord and tenant law, as the landscape continues to evolve.

The Abolition of Section 21 and its Immediate Impact

The Renters' Rights Act 2025 fundamentally reshaped the landscape for residential tenancies in England by abolishing Section 21 'no-fault' evictions. This means landlords can no longer regain possession of their property simply by providing two months' notice without needing to specify a reason. Instead, all tenancies in England, whether previously assured shorthold tenancies or new agreements, are now treated as periodic assured tenancies. This legislative change significantly strengthens tenants' security of tenure. Landlords must now navigate the legal process through the updated Section 8 of the Housing Act 1988, which lists specific, legally defined grounds upon which a court can grant a possession order. This shift requires landlords to maintain impeccable records and adhere strictly to legal requirements throughout the tenancy, as any non-compliance could hinder a successful possession claim.

Understanding the New Section 8 Grounds for Possession

With the abolition of Section 21, landlords in England must now rely exclusively on Section 8 grounds for possession. The Renters' Rights Act 2025 has not only removed Section 21 but also reformed and expanded the existing Section 8 grounds, making some mandatory and others discretionary. Mandatory grounds mean the court must grant a possession order if the landlord can prove the ground exists, such as severe rent arrears or the landlord intending to sell the property. Discretionary grounds give the court leeway to decide whether to grant possession, considering all circumstances. Examples include persistent late rent payments or breaches of tenancy terms. Landlords must meticulously document their evidence for whichever ground they intend to use, as the burden of proof rests entirely on them to satisfy the court that the ground is met. Failing to specify the correct ground or provide sufficient evidence will lead to a rejected claim.

Scotland's Existing Grounds-Based System

Scotland has long operated a grounds-based system for ending tenancies, meaning the concept of a 'no-fault' eviction similar to the former Section 21 has not existed for many years. Since December 2017, the Private Residential Tenancy (PRT) has been the default tenancy type in Scotland. A Scottish PRT is an open-ended tenancy that continues until a tenant chooses to leave or a landlord uses one of the 18 specific 'grounds for eviction' provided in the Housing (Scotland) Act 2014. These grounds cover situations such as the landlord intending to sell, the property being repossessed by a lender, or the tenant breaching tenancy terms. Landlords must issue a 'Notice to Leave' and specify the ground(s) they are relying on. For detailed information on notice periods, see our page on 'How much notice must I give a tenant in Scotland?'. Further resources include 'How do I evict a tenant in Scotland?' and 'What is a Private Residential Tenancy in Scotland?'.

Wales: Similar Reforms to England, but Earlier

Wales implemented similar reforms to England's Renters' Rights Act 2025 much earlier, demonstrating a commitment to greater tenant security. The Renting Homes (Wales) Act 2022 came into force in December 2022, replacing assured shorthold tenancies with 'standard contracts'. Under this legislation, landlords in Wales are generally required to give six months' notice to end a contract without a specific 'breach of contract' ground. This notice can only be given after the initial six-month period of occupation, and if a landlord later uses a 'no-fault' notice, they cannot issue another for six months. However, if the tenant breaches the contract, such as accruing rent arrears, the notice period can be significantly shorter. This Welsh framework effectively abolished 'no-fault' evictions in the sense previously understood in England, requiring landlords to provide substantial notice or a valid reason.

Northern Ireland's Current Tenancy Regime

In Northern Ireland, the tenancy regime remains distinct from England, Scotland, and Wales. There is no direct equivalent to the Renters' Rights Act 2025 or the Private Residential Tenancy in Scotland. Most tenancies are fixed-term or periodic tenancies. Landlords typically issue a 'Notice to Quit' to end a tenancy, and the required notice period depends on how long the tenant has lived in the property. For tenancies of less than five years, the notice period is usually 28 days or one full period of the tenancy, whichever is longer. While there is no 'no-fault' eviction in the same statutory sense as the abolished Section 21, the system does not require landlords to cite a specific 'ground' for repossession in the same way as Section 8 in England or the eviction grounds in Scotland. This means landlords can typically end a periodic tenancy by providing sufficient notice. However, unlawful eviction remains a serious offence.