Section 21 abolition: what replaces no fault eviction

Why it matters

Landlords who plan around Section 21 today will be planning around court grounds tomorrow. Getting the ground right on the notice matters, because a judge can refuse a claim built on the wrong ground and you would have to start again with a fresh notice.

Legal requirements

• All assured shorthold tenancies convert to assured periodic tenancies, so there is no fixed term to run down before possession.
• Possession requires a notice that names the correct ground or grounds from Schedule 2 of the Housing Act 1988 as amended.
• Notice periods lengthen for most landlord circumstance grounds, with four months common for sale and moving in.
• Selling and moving in grounds cannot be used during the first twelve months of a tenancy.

Common mistakes

• Assuming an existing Section 21 notice stays valid indefinitely once the new rules commence.
• Naming a ground on the notice that the evidence does not actually support.
• Serving notice inside the protected first twelve months of a tenancy.
• Relying on a tenancy agreement that still describes a fixed term and a no fault ending.

Practical guidance

• Audit every tenancy now and record the start date, rent, deposit and compliance documents in one place.
• Decide in advance which ground fits each likely exit, then collect the evidence that ground needs.
• Refresh your tenancy agreement so it describes a periodic tenancy and the new possession grounds.
• Keep every message with the tenant, because a clear written trail is what persuades a judge.

What actually changes on commencement day

There is no grace period where old and new systems run side by side for long. Existing assured shorthold tenancies convert automatically, fixed terms fall away and the tenancy continues on a periodic basis with the same rent and the same parties. Deposits stay protected in the scheme you already use. What changes is the exit. Any notice you serve after commencement must state a ground, and the notice period follows the ground rather than the old two month default. Notices already served before commencement usually keep their transitional validity for a limited window, so if you are mid process check the timetable before you rely on it.

Choosing the right ground

Grounds split into two families. Mandatory grounds oblige the court to order possession when the facts are proved, and serious rent arrears sits here. Discretionary grounds ask the judge to weigh reasonableness, and persistent late payment or breach of the agreement sit there. Landlord circumstance grounds such as selling or moving a close family member in are mandatory but carry long notice periods and a bar on reletting for a set period afterwards. Pick the ground that your evidence proves most cleanly rather than the one with the shortest notice.