Section 21 abolition: what landlords must do now

Why it matters

The abolition of Section 21 marks a significant shift in the balance of power between landlords and tenants, impacting investment decisions and property management strategies. Landlords will face increased scrutiny regarding the reasons for seeking possession, potentially leading to longer and more complex court proceedings if documentation is not robust. Failure to adapt to these changes could result in delayed possession, significant legal costs, and fines, making proactive compliance essential for financial stability and business continuity.

Legal requirements

• Ensure all new and existing tenancy agreements comply with the Renters' Rights Act 2025, particularly regarding periodic tenancies.
• Familiarise yourself with the new and expanded mandatory and discretionary possession grounds under Section 8 of the Housing Act 1988, as amended.
• Maintain a comprehensive record of all communications with tenants, maintenance requests, and property inspections.
• Ensure all safety certificates are current, including gas safety, electrical safety, and EPC, and provide these to tenants promptly.
• Comply with the Homes (Fitness for Human Habitation) Act 2018 by ensuring the property is fit for living at all times.
• Provide tenants with the latest 'How to Rent' guide at the start of the tenancy and whenever it is updated.
• Properly protect tenant deposits in an approved scheme and provide prescribed information to the tenant within the statutory timeframe.
• Adhere strictly to the new rules concerning tenant requests for pets, as outlined in the Renters' Rights Act 2025.
• Be aware of the new rules regarding rent increases, which must now be annual and transparently communicated.

Common mistakes

• Assuming existing tenancy agreements will automatically comply with the Renters' Rights Act 2025 without review or amendment.
• Failing to understand the specific requirements for each new Section 8 possession ground, leading to invalid notices.
• Neglecting to keep thorough records of tenant arrears, anti-social behaviour, or property damage, which are vital for possession claims.
• Not providing tenants with all required documents, such as the 'How to Rent' guide or current safety certificates, which can invalidate claims.
• Attempting to increase rent more frequently than annually or without proper notice and justification.
• Ignoring tenant requests for property repairs, which could weaken any future possession claim or lead to counterclaims.
• Failing to follow due process when a tenant requests to keep a pet, potentially leading to disputes.
• Misunderstanding the impact of property condition on possession claims, especially regarding fitness for human habitation.
• Using outdated Section 8 notice forms or not completing them correctly, resulting in court rejection.

Practical guidance

• Review your existing tenancy agreements now and prepare templates for new periodic tenancies starting from 2026.
• Educate yourself on the expanded Section 8 possession grounds by visiting our guide, 'Section 21 abolition: what replaces no fault eviction'.
• Implement a robust record-keeping system for all property management activities, including repairs, inspections, and tenant interactions.
• Schedule regular property inspections and address maintenance issues promptly to demonstrate proactive management.
• Ensure all required safety checks are up-to-date and copies are provided to tenants at the start of the tenancy and upon renewal.
• Familiarise yourself with the guidance on pets in rented homes under the Renters' Rights Act by reading our article, 'Renters' Rights Act: requests for pets in rented homes'.
• Update your procedures for rent reviews to align with the new annual increase regulations.
• Seek professional legal advice if you are unsure about any aspect of the new legislation or specific possession claims.
• Consider professional property management to ensure ongoing compliance and efficient handling of tenant relations.
• Regularly check official government guidance and resources for updates on the Renters' Rights Act 2025 implementation.

Understanding the End of Section 21

The Renters' Rights Act 2025 fundamentally alters the landscape of residential tenancies in England by removing a landlord's ability to issue a Section 21 notice. Previously, this notice allowed landlords to regain possession of their property at the end of a fixed term or during a periodic tenancy without providing a reason. From 2026, all assured tenancies in England will be periodic, and landlords will be required to rely solely on specified 'grounds for possession' found within Section 8 of the Housing Act 1988, as amended. This means that landlords must now demonstrate a valid reason for eviction, which will then be assessed by a court. This shift aims to provide greater security for tenants, ensuring they are not evicted arbitrarily. Landlords must understand that a valid reason, backed by clear evidence, will be paramount for any successful possession claim going forward. Our comprehensive guide, 'The Renters' Rights Act 2025, landlord guide', provides a deeper dive into the overall changes.

New and Expanded Section 8 Grounds for Possession

In response to the abolition of Section 21, the Renters' Rights Act 2025 introduces new and significantly expands existing Section 8 grounds for possession. These grounds are broadly categorised as either 'mandatory' or 'discretionary'. Mandatory grounds, if proven, mean the court must grant possession, such as significant rent arrears or a landlord wishing to sell the property. Discretionary grounds allow the court to consider all circumstances, such as anti-social behaviour, before deciding whether to grant possession. Key new or strengthened grounds include a landlord's intention to sell the property, to move into it or for close family to do so, and repeated serious rent arrears. Landlords must familiarise themselves with the precise wording and evidence requirements for each ground. Our detailed article, 'Section 21 abolition: what replaces no fault eviction', offers an in-depth look at these new provisions, while 'Selling a rental property: possession ground and notice' provides specific guidance for landlords intending to sell.

The Importance of Record Keeping and Compliance

Under the new regime, meticulous record-keeping is no longer just good practice, it is an absolute necessity. Any claim for possession will require robust evidence to support the chosen Section 8 ground. This includes comprehensive records of rent payments, all communications with tenants, evidence of anti-social behaviour, detailed repair logs, and up-to-date safety certificates. Furthermore, ongoing compliance with all legal obligations throughout the tenancy will be critical. Failure to protect a deposit correctly, provide the 'How to Rent' guide, or maintain property safety standards could prejudice a Section 8 claim, even if the ground itself is valid. Landlords should review their administrative processes now to ensure they are fit for purpose. This heightened need for verifiable compliance underscores the shift towards a more regulated landlord-tenant relationship.

Impact on Tenancy Agreements and Processes

The Renters' Rights Act 2025 dictates that all new assured tenancies will be periodic from the outset, with no fixed terms. Existing fixed-term tenancies will become periodic tenancies at the end of their current fixed term. This means the concept of a tenancy 'ending' at a specific date, as was often the case with Section 21, is no longer applicable. Landlords must ensure their tenancy agreements are updated to reflect this, removing any clauses related to fixed terms or Section 21. Rent increases will also be subject to new rules, limited to once per year and requiring at least two months' written notice. Landlords also need to be aware of the new rules regarding tenant requests for pets and the conditions under which these can be refused. Our article, 'Renters' Rights Act: what changes for tenancy agreements', covers these specific agreement updates in detail, ensuring landlords can update their documentation correctly.

Devolved Administrations: Scotland, Wales, and Northern Ireland

It is crucial for landlords to understand that the abolition of Section 21 'no-fault' evictions and the changes brought by the Renters' Rights Act 2025 apply solely to England. Property law is a devolved matter, meaning different rules apply in Scotland, Wales, and Northern Ireland. In Scotland, the 'no-fault' eviction power for most private residential tenancies was effectively abolished in 2017 with the introduction of the Private Residential Tenancy. Landlords there must use one of 18 specific grounds for eviction. Wales introduced similar restrictions through the Renting Homes (Wales) Act 2016, which came into force in 2022, requiring landlords to serve a 'notice to quit' with specific grounds and longer notice periods in many cases. Northern Ireland still retains 'no-fault' eviction provisions, although legislative changes have been considered. Landlords with properties outside of England must consult the specific legislation relevant to that jurisdiction to ensure compliance.