What is a Section 21 notice and why is it being abolished?

For many years, Section 21 has been one of the most commonly used routes for landlords to recover possession of a rental property. However, this is set to change soon, as the Government has announced that it will abolish section 21 as part of Phase One of the Renters’ Rights Act 2025.  

This guide explains what Section 21 is, how it currently operates, and what the Section 21 changes will mean for both landlords and tenants from 1 May 2026. 

What is a Section 21 notice? 

A Section 21 notice, often called a “no-fault eviction,” is a legal document used in England to terminate an assured shorthold tenancy under the Housing Act 1988. The term “no-fault” is used because the landlord is not required to provide a specific legal reason for asking the tenant to leave the property. 

How does a Section 21 currently work?  

Currently, the process for a no-fault eviction follows a very specific and structured timeline. Here are the practical steps a landlord must take: 

• Serve a valid Section 21 notice: The landlord must issue the correct written legal document, known as Form 6A, providing the tenant with a minimum of two months’ written notice to vacate the property 

• Wait for the notice period to expire: The tenant is expected to leave the property by the date specified on the legal notice 

• Apply for a possession order: If the tenant refuses to leave after the notice period has ended, the landlord cannot simply force them out. Instead, they must apply for a possession order through the county court 

• Enforce with court bailiffs: If the tenant still remains in the property after the court grants a possession order, the landlord must apply for a court-appointed bailiff to carry out the eviction legally 

Tip: Always keep copies of notices, tenancy agreements, and rent records. Good documentation can prevent delays if the case needs to go to court. 

When can a Section 21 notice not be used? 

A landlord cannot legally serve a valid Section 21 notice if certain conditions are not met. The notice will be invalid if: 

• The tenancy is new: The notice is served within the first four months of the original tenancy agreement 

• The property requires a licence: It is a House in Multiple Occupation (HMO) that needs a licence but does not have one 

• The deposit was not protected: The tenancy deposit was not registered with a government-approved scheme, or the Prescribed Information was not given to the tenant 

• There are outstanding council notices: The local authority has served an improvement notice, or an emergency works notice on the property within the last six months 

• Prohibited fees were charged: The landlord has taken unlawful fees from the tenant in breach of the Tenant Fees Act 2019 and has not repaid them 

Tip: Before issuing a Section 21 check you have fulfilled all your legal and administrative duties  

When will Section 21 be abolished? 

The Government has confirmed that Section 21 will be abolished on 1 May 2026. From this date, landlords will no longer be able to issue new Section 21 notices. If a landlord serves a Section 21 notice before this deadline, any court proceedings must follow the existing rules and be started no later than 31 July 2026. 

All evictions initiated after this date will need to proceed under the new regulations outlined in the Renters’ Rights Act.  

Tip: If you think you may need to regain possession before the new rules, come into force, seek legal advice early to avoid missing key deadlines. 

What does the abolition of Section 21 mean for landlords? 

The abolition of Section 21 represents a major shift in the private rented sector. The government says the reform is intended to strengthen tenant protections and increase stability, giving tenants greater security in their homes. For landlords, however, it will mean adapting to a new legal framework for regaining possession of their property. 

Housing Secretary Steve Reed said: 

“We’re calling time on no fault evictions and rogue landlords. Everyone should have peace of mind and the security of a roof over their head – the law we’ve just passed delivers that. 

We’re now on a countdown of just months to that law coming in – so good landlords can get ready and bad landlords should clean up their act.” (gov). 

Tip: If you think you may need to regain possession before the new rules come into force, seek legal advice early to avoid missing key deadlines. Our partner, Landlord Action, offers free eviction advice for landlords and a three-step procedure to help landlords regain possession safely and efficiently.  

How Section 8 notices will replace Section 21 

Once Section 21 is abolished, the Section 8 notice will be the only way for landlords to begin the eviction process. A Section 8 notice requires the landlord to state one or more legal grounds for possession as set out in the Housing Act 1988. 

Currently, landlords mostly use Section 8 when a tenant breaks the terms of their agreement. Common reasons include severe rent arrears or anti-social behaviour. However, the government is expanding the grounds under Section 8 to make sure landlords can still regain possession when they have a legitimate need to do so. 

New and strengthened grounds will include: 

• The landlord wanting to sell the property 

• The landlord or a close family member needing to move into the property 

• The tenant has been in repeated serious rent arrears 

There will be strict rules attached to these new grounds. For example, if a landlord evicts a tenant to sell the property, they may be banned from letting it out again for a specified period. This rule aims to prevent the system from being abused. 

Landlord concerns over changes to evictions for serious rent arrears 

One of the most discussed reforms is the change to the mandatory ground for serious rent arrears. At present, landlords can serve notice when a tenant is at least two months in arrears, and the notice period is two weeks. 

Under the new rules: 

• A tenant must be three months in arrears before a landlord can serve notice 

• The minimum notice period will increase from two weeks to four weeks 

This means a landlord will have received no rental income for three months before they can even begin the formal process. If the tenant does not leave after the four-week notice period, the landlord must apply to the court for a possession order. The court process itself can take several weeks or months, and delays are expected to increase as more cases will require a hearing. 

In a worst-case scenario, a landlord could be without rent for six months or more before regaining possession. This financial strain is a major concern, particularly for landlords who have mortgage payments to meet. 

With these changes, it is more important than ever for landlords to take proactive steps to protect their position. This includes carrying out thorough tenant referencing, undertaking careful affordability checks, and following the correct legal procedures throughout the eviction process to minimise risk and avoid unnecessary delays.  

Why clear communication is your best defence 

The most effective way to avoid the stress of evictions is to build a positive relationship between landlord and tenant. Clear communication sets expectations from the very beginning. 

Landlords should respond promptly to maintenance requests. Tenants should report issues immediately and pay rent on time. When both parties respect the tenancy agreement, the need for ending a tenancy through eviction drops dramatically. 

Where disagreements do occur, whether about property condition or deposit deductions, resolving matters outside of court is usually the most practical solution. Using our free, structured dispute resolution service can help address issues quickly and fairly. This approach is typically faster, more cost-effective, and far less stressful than pursuing lengthy legal proceedings.  

By understanding the rules around evictions and Section 21, you can navigate the changing rental landscape with absolute confidence. Preparation, compliance, and professionalism are your greatest assets. 

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