Last updated 24 December 2025
The Renters’ Rights Act implementation process will occur in three phases. The first phase, coming into force on 1 May 2026, will include the abolition of Section 21 “no-fault” evictions. This guide explains what Section 21 is and how its abolition will affect landlords.
Section 21 is a legal eviction notice that allows landlords in England to end an assured shorthold tenancy (AST) without providing a reason. This is often referred to as a "no-fault eviction." Landlords must serve tenants with a valid Section 21 notice and follow legal requirements to regain possession of their property.
A landlord will be able to serve a Section 21 notice up to 30 April 2026. However, they will still be able to begin court proceedings using that notice until 31 July 2026. After this date, no new possession claims under Section 21 can be made.
In the Government’s own words, this will, “provide more security for tenants and empower them to challenge poor practice and unfair rent increases without fear of eviction”.
Once Section 21 has been scrapped, landlords will no longer be 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 will require a Section 8 notice that states one or more valid grounds.
If a tenant refuses to leave the property, a possession claim will have to be made through the courts and will require a hearing – there will no longer be an ‘accelerated possession order’ option. However, it is believed that the courts may be introducing new digital procedures to speed things up.
The new system will be applied to all tenancies at the same time, in contrast to the Renters (Reform) Bill, which would have abolished Section 21 for new tenancies first and for existing tenancies at a later date.
This is one of the most significant and publicised changes in the Renters’ Rights Act, and it was certainly a contentious and much-debated area of the legislation proposed by the previous Renters (Reform) Bill.
Section 21 was a key plank used by the Thatcher government during the late 1980s to encourage landlords to invest in the private rented sector by persuading them that if a tenant stopped paying the rent, they would have a failsafe way to remove them.
While Section 8 notices require landlords to cite at least one of 17 specific grounds for eviction, a Section 21 notice can be served without the landlord having to give a reason. Then, if the tenant refuses to leave, the process of getting a possession order from the court is quicker and easier under Section 21 than with a Section 8 notice.
However, the reality is that the vast majority of landlords don’t simply evict tenants on a whim for no good reason. If a tenant is abiding by the terms of their tenancy agreement and paying their rent on time, why would a landlord want to let them go?
Although some rogue landlords have used Section 21 to evict tenants ‘unfairly’ - including via ‘revenge evictions’ - this is a very small minority of landlords. Section 21 notices are commonly used simply as a straightforward way to bring a tenancy to an end when both the landlord and tenant agree, or when there’s another good reason for a landlord to evict their tenant.
According to the English Housing Survey 2022 to 2023, only 9% of tenants who had moved within the private rented sector in the last three years said their previous tenancy ended because they were asked to leave. Two-thirds of those evictions were because the landlords wanted to sell or use the property themselves. That means just 3% were evicted for some other reason – which may have included their own breach of tenancy.
One of the key concerns over the scrapping of Section 21 is that the court system as it currently stands will not be able to handle the increased number of possession claim cases, given that every eviction will require a court hearing.
Speaking to LandlordZONE, Paul Shamplina, founder of Landlord Action, predicted a “tsunami of landlords” will put in Section 21 notices before the ban is implemented.
The previous Conservative Government had pledged that they would not move ahead with abolishing Section 21 until the court system had been reformed to make sure it could process possession claims efficiently. Although Labour has always said they plan to implement the change as quickly as possible, there is widespread concern that there could be huge delays to landlords being able to legally remove tenants and regain possession of their properties.
This concern was echoed by peers when the Bill was being considered in the House of Lords. However, the Government has said that it is committed to a phased implementation, tied to court reform progress.
If all goes smoothly, the court process typically takes around nine weeks. If a bailiff is required, that can add another four to six weeks. However, if courts are busy, it can take much longer, during which time a landlord is unlikely to be getting any rental income.
Following the passing of the Act, Paul Shamplina wrote:
“I’ve said it before and I will say it again, the court system is in desperate need of investment. We have had promises from both sides of government that this would be sorted before Section 21 was abolished, but little has actually changed.
Landlords need to know they can get their properties back in good time. And when it comes to anti-social tenants, if legally removing them takes many months, in addition to being costly for landlords, it can be hugely damaging to the welfare of co-tenants and neighbours.
However, we have discussed it to death, argued every angle, and now it is real. So, let’s start focusing on how to deal with it. The new rules still allow landlords to regain possession when there is a genuine reason to do so. It just means the process will be more structured, more evidence-based, and, yes, probably slower. At least until the system settles into a new norm.”
Ben Beadle, CEO of the NRLA, also stressed the need for reform to make sure courts do not buckle under the pressure of possession claims that will need to be heard under the new rules. He said:
“The cross-party Housing Select Committee has warned that without reforms to ensure the courts process cases much more swiftly, they risk becoming overwhelmed. This will not serve the interests of tenants or landlords seeking justice.”
And Property mark’s head of policy and campaigns, Timothy Douglas, says:
“There must be a commitment to ensure the court system and grounds for possession are robust and fit for purpose. Without an enhanced, effective and well-resourced enforcement regime from local authorities it is unlikely that any benefits from the reforms will be realised.”
“The Government is hoping that there will simply be fewer evictions as it perceives that s21 was being over-used. I think there will be a rise in the short term as landlords evict while they can, followed by a drop as the new legislation comes in. Evictions will then slowly rise as landlords get used to the new process and continue to evict where they have to. Most s21 evictions did have an underlying cause and while some landlords will shy away for fear of the courts and high legal fees, they will simply not have a choice. Over time I expect eviction statistics will return to close to existing levels.”
- David Smith, Head of Litigation, JMW
The Government proposes strengthening Section 8, which allows landlords to evict tenants for specific legal reasons such as:
Landlords have long been assured that while they will lose the ability to evict a tenant without having to state a reason when Section 21 is abolished, Section 8 grounds will be expanded and strengthened to make sure they can regain possession when it is reasonable to do so.
Landlords will still be able to bring proceedings to evict a tenant at any point during the tenancy if they have breached the terms of their rental agreement – for instance, if they have committed antisocial behaviour or are damaging the property. Most of these grounds are unchanged.
However, where tenants are not at fault, some minimum notice periods have been increased in order to give tenants more time to find a new home and reduce the risk of them becoming homeless.
A full list of the reformed grounds for possession and required notice periods can be found at the bottom of this section of the government guidance.
One of the most common reasons for a tenant being asked to leave when they have not breached their tenancy is because the landlord wants to sell. Currently, a landlord can simply give a tenant two months’ notice via a Section 21.
The Bill introduces a new Section 8 mandatory ground (1A) ‘Sale of dwelling-house’, but:
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.
Currently, notice can be served once the tenant is at least two months in arrears, and the notice period is two weeks.
When the changes come into effect, they will:
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. Currently, this is typically around nine weeks, although with the increase in eviction cases needing a court hearing once Section 21 is scrapped, it is highly likely this timeframe will be longer.
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.
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If the tenant does not vacate, the landlord must apply for a possession order and potentially use bailiffs to enforce the eviction.
The Government is proposing to scrap Section 21 under the Renters' Rights Act on the 1 May 2026.
Yes, until the law changes, landlords can still legally serve Section 21 notices.
