Section 21 (no-fault eviction)

Why it matters

This fundamental shift means landlords must meticulously document all tenancy-related issues and plan property management with the new grounds in mind, as the ease of ending tenancies without fault is gone. It introduces more complexity and potentially longer timescales for regaining possession, increasing the importance of thorough tenant referencing and proactive tenancy management. Non-compliance with the new rules will result in court delays and could lead to significant financial penalties or an inability to regain possession.

Legal requirements

• Landlords can no longer serve a Section 21 notice from the commencement date of the relevant provisions of the Renters' Rights Act 2025.
• To end an assured tenancy, landlords must now use one of the mandatory or discretionary grounds for possession as set out in the Housing Act 1988, as amended.
• Each ground has specific criteria that must be met and proven to the court, such as notice periods and evidence requirements.
• Most grounds require the landlord to issue a 'notice of possession' specifying the ground(s) relied upon and the relevant notice period before applying to the court for possession.
• For mandatory grounds, the court must grant possession if the landlord proves the ground, whereas for discretionary grounds, the court will consider if it is reasonable to grant possession.
• Landlords must have complied with all their statutory obligations throughout the tenancy, including deposit protection and safety certificates, as non-compliance can still impact possession claims.
• The Renters' Rights Act 2025 also strengthens tenants' rights, meaning grounds cannot be used as a pretext for retaliatory eviction.
• Special rules apply to properties let under licence or other non-assured tenancy agreements, which fall outside the scope of these new possession grounds.
• Tenancy deposits must be protected in a government-approved scheme and the prescribed information provided to tenants, otherwise a claim under any ground may be invalidated or challenged.
• All necessary gas safety certificates, electrical safety reports, and energy performance certificates (EPCs) must be in place and provided to the tenant at the start and during the tenancy.

Common mistakes

• Attempting to use a Section 21 notice after its abolition, leading to an invalid claim and wasted time and costs.
• Failing to gather sufficient evidence to prove the chosen ground for possession, resulting in the court refusing to grant an order.
• Not serving the correct notice of possession, or serving it with an incorrect notice period, rendering the claim invalid.
• Misunderstanding the difference between mandatory and discretionary grounds, or which grounds are available for periodic tenancies.
• Failing to comply with deposit protection rules, which can still block possession claims even under the new grounds.
• Trying to evict a tenant for reasons not covered by the statutory grounds, or in a way that could be seen as retaliatory.
• Not providing valid gas safety certificates, electrical safety reports, or EPCs, which can jeopardise a possession claim.
• Ignoring issues like serious rent arrears until they become unmanageable, making a possession claim more difficult.

Practical guidance

• Familiarise yourself thoroughly with the new grounds for possession under the Renters' Rights Act 2025 and their specific requirements.
• Maintain meticulous records of all communications, rent payments, property inspections, and repair requests from the outset of the tenancy.
• Ensure all required safety certificates (gas, electrical) and an EPC are always up-to-date and provided to the tenant.
• Protect the tenancy deposit in a government-approved scheme and provide the prescribed information within the statutory timeframe.
• Consider using the 'landlord moving in' or 'selling' grounds only if you genuinely intend to do so and can meet the strict timing and evidence conditions.
• Address rent arrears promptly and formally, following pre-action protocols for possession claims based on rent arrears.
• Seek legal advice immediately if you anticipate needing to regain possession, to ensure compliance with the new legal framework.
• Understand the implications of a /wiki/periodic-tenancy on notice periods and available grounds.
• Regularly review your /wiki/rent-increase process to ensure it complies with the new rules and avoids disputes.
• Keep abreast of all changes to landlord-tenant law, particularly as details of the Renters' Rights Act 2025 are implemented.

The End of Section 21: A New Era for Landlords

The abolition of Section 21 fundamentally reshapes the landscape of residential tenancies in England. Previously, landlords could regain possession of their property relatively easily after a tenancy's fixed term expired, or during a /wiki/periodic-tenancy, by serving a Section 21 notice and providing two months' notice without needing to state a reason. The Renters' Rights Act 2025 removes this 'no-fault' route. From 2026, landlords must justify their need for possession based on one of the specific, legally defined grounds. This change is designed to provide greater security for tenants, ending the fear of eviction without cause. For landlords, it means a more stringent and often longer process for regaining possession, requiring careful planning and robust documentation to support any claim made in court.

Understanding the New Grounds for Possession

The Renters' Rights Act 2025 amends the Housing Act 1988 to introduce new and modified grounds for possession. These grounds fall into two main categories: mandatory and discretionary. Mandatory grounds mean the court *must* grant a possession order if the landlord can prove the ground is met. Examples include persistent serious rent arrears (e.g., eight weeks or two months arrears, depending on payment frequency), the landlord or a family member wishing to occupy the property as their main home, or the landlord needing to sell the property. Discretionary grounds mean the court *may* grant a possession order if the landlord proves the ground *and* the court considers it reasonable to do so. Examples include breach of tenancy terms, damage to the property, or anti-social behaviour. Each ground has specific conditions, notice periods, and evidential requirements that must be strictly adhered to. Landlords will need to choose the most appropriate ground and meticulously prepare their case.

Procedural Steps for Seeking Possession

The process for regaining possession under the new regime is more detailed than serving a Section 21 notice. First, a landlord must identify the appropriate ground(s) for possession. Then, a 'notice of possession' must be served on the tenant, clearly stating the ground(s) being relied upon and the statutory notice period applicable to that specific ground. These notice periods vary significantly; some might be two weeks, others two months or more. Once the notice period has expired, and if the tenant has not vacated, the landlord can apply to the county court for a possession order. The court will then hear the case, requiring the landlord to present evidence supporting their chosen ground. If successful, the court will issue a possession order, often with a date by which the tenant must leave. Should the tenant not comply, a warrant for possession can be applied for, leading to bailiffs enforcing the eviction. Throughout this process, landlords must ensure all pre-action protocols are followed, particularly for rent arrears cases.

Differences in Devolved Nations: Scotland, Wales, and Northern Ireland

It is crucial to remember that housing law is a devolved matter, meaning the rules vary across the UK. While Section 21 is abolished in England by the Renters' Rights Act 2025, Scotland, Wales, and Northern Ireland operate under different legal frameworks. In Scotland, the 'no-fault' eviction equivalent was abolished in 2017 with the introduction of the Private Residential Tenancy (PRT). Landlords there use one of 18 specific 'grounds for eviction.' In Wales, the Renting Homes (Wales) Act 2022 replaced assured shorthold tenancies and periodic tenancies with standard contracts, significantly amending possession rules and removing the equivalent of Section 21. Landlords must now rely on specific grounds or give at least six months' notice. Northern Ireland still retains a system broadly similar to the pre-2026 English model, where fixed-term tenancies convert to periodic ones and landlords can serve a notice to quit, generally requiring four weeks' notice after the fixed term, without necessarily giving a reason. Landlords operating in these regions must consult the specific legislation relevant to their jurisdiction.