The abolition of Section 21 of the Housing Act 1988 represents a significant shift in the UK rental landscape. Landlord’s will no longer be able to issue a “no fault” eviction to regain possession of a property and will be forced to rely exclusively on the Section 8 procedure.
This change is part of a broader effort by the government to improve security for tenants and create a fairer rental market. This will inevitably impact how landlords manage their properties. There will still be legal avenues available for eviction – but now, those avenues will require specific grounds.
The Renters’ Rights Act 2025 will be implemented in a three-stage process, taking effect on 1st May 2026. Understanding these changes, how they affect landlords, and what the options are moving forward is crucial. Here’s what you need to know, and how we can help you navigate these changes with ease
WHAT IS A SECTION 21 ?
Section 21 allows landlords to evict tenants without providing a reason, simply by serving a notice and giving the tenant at least two months to vacate the property. It is a quick way to regain possession of a property once the tenancy period had ended but it has been heavily criticised for creating uncertainty for tenants, especially when they have been fulfilling their obligations under the tenancy.
As a result, Section 21 will be abolished in an attempt to introduce a more structured, grounds-based eviction system which aims to strike a balance between protecting tenant rights and ensuring landlords can still manage their properties effectively.
WHAT WILL REPLACE A SECTION 21 ?
Once Section 21 is removed, landlords will need to solely rely on Section 8 to regain possession of their property. This means that landlords must provide a specific legal ground for eviction, the most notable grounds are as follows:
Occupation by the landlord or family member (Ground 1) – whilst this ground allows the landlord to regain possession if they, or a family member intend to occupy the property as their only, or principal home, this cannot be invoked within the first year of a tenancy being granted. The landlord or family member will need to occupy the property for at least 12 months before they are able to relet the property.
Sale of the Property (Ground 1A) – this ground can only be implemented after the first year of a tenancy being granted (unless the property is subject to a compulsory purchase order from a local authority) and it cannot be used by providers of social housing.
Redevelopment (Ground 6) – Landlords can seek possession if they intend to demolish or reconstruct the whole or a part of the property, or intend to carry out substantial works, and the tenant’s occupation prevents this.
Severe Anti-Social Behaviour/Criminal Behaviour (Ground 7A) – If a tenant has been convicted of an offence specified under the ground, has breached a court order designed to prevent anti-social behaviour, or is subject to an order that restricts access to the property for more than 48 hours, landlords may serve notice and initiate possession proceedings without delay.
Serious Rent Arrears (Ground 8) – currently landlords can seek possession on a mandatory basis if a tenant is at least two months in arrears, the new Act increases this threshold to three months, or 13 weeks for weekly/fortnightly rental payments. Notably, any arrears resulting from delays in Universal Credit payments are to be excluded from this calculation.
Ground 1,1A and 6 will require four months’ notice, and ground 8, four weeks’ (double the current two weeks) notice to be given to tenants prior to commencing proceedings for possession.
The following grounds are discretionary grounds, allowing the court to decide whether a possession order is reasonable, even if the landlord proves the conditions specified in the ground.
Breach of Tenancy Agreement (Ground 12) – this remains unamended, and landlords can seek possession if a tenant breaches a significant term of the tenancy agreement, including subletting or causing damage to the property. The notice period remains at two weeks.
Anti-Social Behaviour (Ground 14) – landlords will still be able to seek possession for anti-social behaviour and this ground remains in force in its current form. The court will take into account whether the tenant has co-operated with the landlords attempts to reduce the disruption.
Key Changes to Tenancy Types: The End of ASTs
One of the most significant reforms introduced by the Renters’ Rights Act is the abolition of Assured Shorthold Tenancies (ASTs). Once the Act comes into force, landlords in England will no longer be able to grant ASTs. Instead, all new residential tenancies will automatically become Assured Periodic Tenancies (APTs) – open-ended agreements that roll from month to month (or week to week), without a fixed term.
This removes the long-established model of six or twelve-month fixed-term ASTs. Under the new regime, tenancies will be periodic by default, giving tenants greater long-term security but reducing the ability for landlords to change occupants quickly. Even short-term ASTs (i.e. a term of one month) are also abolished meaning landlords can no longer offer flexible lettings.
These changes are designed to provide tenants with greater security and stability, but they also introduce new responsibilities for landlords. Landlords will need to adjust their rental agreements to reflect the new tenancy types, and it’s more important than ever to ensure correct the legal procedures are followed when it comes to evictions.
Implications for Landlords:
a. Evidence and Record Keeping:
All possession claims now require evidence to support eviction grounds therefore landlords should maintain robust records of rent payments, tenancy breaches, property inspections and communications with tenants. Strong documentation is essential for avoiding disputes and supporting court proceedings.
b. Notice Periods
Landlords should ensure they are up to date with the relevant notice periods for each ground, with most requiring four weeks before court proceedings can be commenced. Thresholds have increased for rent arrears, landlords must wait four weeks after serving notice to start proceedings, with the threshold for the amount of arrears also increasing. Landlords must now consider tenants’ Universal Credit claims and should have proactive communication to ensure all options are exhausted before commencing proceedings.
c. Strategic Implications
More thorough tenant screening is advised as landlords need to be prepared for longer-term tenancies. This may have an adverse effect on the rental market as landlords will inevitably be more cautious about property lettings.
Evictions are now more evidence driven, administratively involved and potentially costly and therefore obtaining adequate references is essential.
CONCLUSION
The Renters Rights Act represents a major shift in the rental sector in England aiming to rebalance landlord and tenant interests. While tenants gain greater security and protection, landlords face new responsibilities and procedural requirements.
With Section 21 being abolished and Assured Shorthold Tenancies becoming Assured Period Tenancies, landlords must quickly adapt to these changes and prepare themselves for a potentially longer, more complex eviction process. With careful planning, landlords can continue to protect their investments while navigating this new legal landscape.