Last updated 20 May 2026
The Renters’ Rights Act implementation process will occur in three phases. Phase one came into force on 1 May 2026 and Section 21 “no-fault” evictions has now been abolished. This guide explains what Section 21 was and what its removal means for landlords moving forward.
Section 21 was a legal eviction notice that previously allowed landlords in England to end an assured shorthold tenancy (AST) without providing a reason. This was often referred to as a “no-fault eviction.”
Landlords were required to serve tenants with a valid Section 21 notice and follow legal requirements to regain possession of their property.
On 1 May 2026, the Renters' Rights Act Phase one came into effect and abolished Section 21.
Any transition arrangements now only apply to legacy cases already in the system prior to implementation.
In the Government’s own words, the reform is intended to "provide more security for tenants and empower them to challenge poor practice and unfair rent increases without fear of eviction”.
Now Section 21 has been scrapped, landlords are no longer able to evict a tenant at two months’ notice (after the first six months of the tenancy and once any initial fixed period has expired) without giving a reason. Every eviction requires a Section 8 notice that states one or more valid grounds.
If a tenant refuses to leave, landlords must apply for a possession order through the courts, and a hearing will be required. The accelerated possession route under Section 21 is no longer available.
The removal of Section 21 is one of the most significant changes in the private rented sector.
Introduced in the late 1980s to support investment in the private rented sector, Section 21 allowed landlords to regain possession without proving fault, provided correct notice was given.
While critics argued it enabled unfair “no-fault” or revenge evictions, industry data suggested most use was linked to legitimate reasons such as sale of property or landlord occupation.
According to the English Housing Survey 2022 to 2023, only 9% of tenants who moved said they were asked to leave, with the majority linked to landlords selling or moving into the property.
A major concern remains the capacity of the courts to handle all possession claims moving forward, as every eviction now requires a hearing.
Paul Shamplina, founder of Landlord Action, previously warned there would be a “tsunami of landlords” seeking to serve Section 21 notices ahead of implementation.
Without Section 21, landlords relying on Section 8 must now expect longer, more evidence-based possession processes, particularly in cases of rent arrears or disputes.
The Government proposes strengthening Section 8, which allows landlords to evict tenants for specific legal reasons such as:
One of the most significant changes relates to situations where landlords wish to sell or move into the property.
Previously, landlords could use Section 21 to serve two months’ notice without needing to provide a reason.
Under the reformed Section 8 framework, a new mandatory ground (ground 1A, “sale of dwelling-house”) has been introduced. However:
The same applies if the landlord wishes to move into the property themselves.
It’s important to know that if these grounds for eviction are used and then the property is subsequently re-let within a restricted period (around 12 months), penalties will apply.
Specifically, if a landlord evicts a tenant using ground 1A because they wish to sell, they will not be legally able to let the property for 16 months from the moment notice is served. This comprises the four-month mandatory minimum notice period, plus a further 12 months. During this time, the property cannot be marketed for let or rented out in any form, including on licence or as a holiday let.
This means if a landlord is subsequently unable to sell as intended, or changes their mind, the property will have to sit vacant until the full 16-month period has expired.
The exception is for landlords with Shared Ownership properties. An amendment to the Bill in the House of Lords means the 12-month ban on letting following the expiry of the notice period will not apply to them. This is because the restrictions and controls they are already under through the shared ownership conditions around subletting means evicting a tenant under ground 1A is not open to the same abuse as it is if a landlord legally owns the whole property.
However, it’s important to be aware that Shared Ownership rules can differ from one Housing Association or organisation to another, so if you are considering letting or selling a Shared Ownership property, do check with the landlord beforehand and secure any consent in writing.
The other significant change to Section 8 relates to the mandatory ground for serious rent arrears.
Under the new framework:
This means that a landlord will already have received no rental income for three months at the point they serve a Section 8. The tenant then has another month before they are required to leave. If they refuse to do so, the landlord has to apply for a possession order, which could take some time to make its way through the court process.
So, if a non-paying tenant digs their heels in, it could be six months to a year before a landlord can legally regain possession. And if there is a mortgage on the property that they need to keep paying, landlord could easily find themselves with a considerable hole in their finances.
That’s why it’s now more important than ever for landlords to have insurance that provides financial protection. At Total Landlord, we offer an additional layer of security with our Legal Expenses and Rent Protection Insurance, available as an add-on to our premium insurance policy. Our cover includes missed rent payments of up to £2,500 per month for up to six months, helping to reduce the financial impact of rent arrears and delays in regaining possession.
For further reading you may also be interested in our article, Trouble with tenants? 7 tips to protect you and your rental property.
Given that there is little landlords can do about this, other than ensure prospective tenants are thoroughly referenced and credit-checked before they are accepted, it’s especially important to make sure the eviction is legally sound and efficiently handled so it doesn’t take any longer than necessary.
“Many landlords don’t fully appreciate that evicting a tenant in arrears is a legal process that requires them to follow certain steps, such as giving the right notice at the right time. If they get any part of it wrong, the court can simply throw out their case and they have to start over again from scratch, while their tenant continues to live rent-free in their property. My advice to landlords who find themselves in the position of having to evict, is to seek professional help from a legal eviction specialist, such as Landlord Action. The pace of change will be fast over the next year and landlords, the courts, and local authorities will need to adapt quickly so that this sector can continue to flourish.”
- Paul Shamplina, Founder of Landlord Action
Read our article on what to do if your tenant can’t pay the rent and falls into arrears, for more guidance and our ultimate guide to handling the eviction process.
