When is Section 21 being abolished in the UK?

The Renters Rights Bill received Royal Assent in early 2025 and Section 21 no-fault evictions were effectively abolished from that point for new tenancies, with a transition period for existing tenancies. Check the latest government guidance at gov.uk for current implementation dates.

Can landlords still sell a property with tenants in it after Section 21?

Yes. The new Section 8 grounds include a ground for landlords who genuinely want to sell the property. However there is typically a minimum tenancy period before this can be used and you cannot re-let within a set period after using this ground. The property must be genuinely for sale.

What is the new rental tribunal system?

The Renters Rights Bill established a new Property Ombudsman system. All private landlords must register their properties on a new national landlord database. Disputes about rent, repairs and tenancy conditions go through the ombudsman before the courts.

Will rent increases be limited after the Renters Rights Bill?

Landlords can only increase rent once per year and must use the Section 13 process with proper notice. Tenants can challenge a rent increase they consider above market rate at the First-tier Tribunal. The tribunal will assess whether the increase reflects the local market.

Do I need to register as a landlord after the Renters Rights Bill?

Yes. The legislation creates a mandatory national landlord register. All private landlords in England must register, pay a fee and provide property details. Failure to register can result in significant fines and prevent you from using certain possession grounds.

Can I still ask tenants to leave if I want to move into the property?

Yes, under the new Section 8 grounds. The landlord or a close family member genuinely moving into the property is an accepted possession ground. There is a minimum tenancy protection period before this can be used and you cannot re-let for a set period afterwards.

What happens to my existing Section 21 notices?

Any Section 21 notices served before the abolition date were subject to transitional provisions. If you are still in the middle of existing proceedings, seek legal advice immediately as the transitional rules are specific and time-sensitive.

Is Section 21 abolition applying in Scotland and Wales?

Scotland already abolished no-fault evictions in 2017 with the Private Residential Tenancy regime. Wales introduced equivalent reforms through the Renting Homes Act 2016. The Renters Rights Bill applies specifically to England.

Can tenants be evicted for rent arrears after Section 21 is abolished?

Yes. Rent arrears remains a Section 8 ground. Two months arrears (8 weeks for weekly tenancies) at the time of the notice and at the court hearing is a mandatory ground — the court must grant possession. Keeping clear rent records and responding early to arrears situations is essential.

What is the mandatory landlord register under the Renters Rights Bill?

All private landlords in England must register on a new national database, providing property addresses, landlord contact details and relevant safety certification. The register is publicly searchable. Registration fees apply. Local councils use it for enforcement.

How much notice must landlords give under the new rules?

Notice periods under the strengthened Section 8 grounds vary. For the new mandatory grounds (selling, moving in) the minimum is four months. For rent arrears and ASB, standard periods apply. The old two-month Section 21 notice is gone.

Will the court system cope with more Section 8 cases?

This is a genuine concern. The government committed to court system reforms alongside the legislation, but backlogs in the housing court have historically been long. Specialist housing court services and the new ombudsman system are intended to reduce pressure.

What should landlords do now to prepare for the new regime?

Key actions: register on the national landlord database when it opens, ensure all tenancy agreements are compliant with the new rules, keep meticulous rent and communication records, ensure properties meet all safety requirements (EPC, gas safety, electrical checks), and consider specialist landlord legal cover insurance.

Section 21 Abolition UK — What Landlords Need to Know in 2026

Q: What replaces Section 21 for landlords?

Landlords can still evict tenants for legitimate reasons using the strengthened Section 8 grounds. The new grounds include: rent arrears (2 months), anti-social behaviour, wanting to sell the property, the landlord or family member moving in, and repeated late rent payments. The process goes through the courts.

Q: Should landlords sell up after Section 21 abolition?

This is a personal financial decision and no guide should tell you categorically to sell or stay. The key considerations are: your ability to manage voids and problem tenancies under the new rules, local market conditions, your tax position including capital gains, and whether the rental yield still makes sense given higher compliance costs.

Section 21 — the "no-fault eviction" notice that allowed landlords to reclaim their property from tenants without giving a reason — has been abolished under the Renters Rights Act 2025. This is the most significant change to the private rented sector in England in decades, and it affects every private landlord.

This guide explains what Section 21 abolition means in practice, what now replaces it, and the specific steps landlords should take to protect their position under the new rules.

Important: This guide provides general educational information. The Renters Rights Act introduced detailed transitional provisions that depend on when your tenancy was created and whether any possession proceedings were already underway. Get specific legal advice for your situation.

What Was Section 21?

Section 21 of the Housing Act 1988 allowed landlords in England to serve a two-month notice on a tenant without needing to give any reason, provided the correct procedure was followed and the tenancy was out of its fixed term (or the fixed term had ended). If the tenant did not leave, the landlord could apply to court for a possession order, and — in theory — courts would grant it without needing to examine the reason for eviction.

It was called "no-fault" because the landlord did not need to demonstrate the tenant had done anything wrong. This gave landlords flexibility, but was criticised for leaving tenants in insecure housing, particularly in high-rent areas where they had limited alternatives.

What Replaces Section 21?

Section 21 has been replaced by a strengthened Section 8 possession system. Section 8 has always existed — it allows landlords to evict tenants who have breached their tenancy agreement, primarily for rent arrears or anti-social behaviour. Under the new rules, Section 8 grounds have been expanded to cover the main legitimate reasons landlords previously used Section 21.

Key New Section 8 Grounds

Landlord or family member moving in: New mandatory ground. A minimum tenancy protection period applies before this can be used. You cannot re-let within a set period after using this ground.
Genuine intention to sell: New mandatory ground. The property must be genuinely for sale and you cannot re-let within a set period.
Rent arrears: Existing mandatory ground, retained. Two months (or 8 weeks for weekly tenancies) arrears at the time of notice and at the court hearing.
Anti-social behaviour: Existing ground, retained and strengthened. Covers behaviour affecting neighbours and the community, not just the property.
Repeated late rent payment: New ground. Tenants who repeatedly pay late (even if they are never two months in arrears) can now be given notice.
Breach of tenancy agreement: Existing ground, retained. Covers unauthorised subletting, keeping pets in breach of the agreement, and similar.

The National Landlord Register

The Renters Rights Act created a mandatory national landlord register. Every private landlord in England must register their properties, providing addresses, contact details and relevant safety certification. Failure to register:

Results in significant financial penalties
Prevents you from using the new Section 8 grounds including the "sell" and "move in" grounds
Is enforceable by local councils

Registration opened in phases through 2025. Check gov.uk for the current status and register immediately if you have not done so.

The Property Ombudsman and Dispute Resolution

Alongside the court system, the new regime introduces a mandatory Property Ombudsman scheme. All landlords must be members. The ombudsman handles disputes about:

Repairs and maintenance
Rent increases challenged by tenants
Deposit disputes (in addition to existing Tenancy Deposit Scheme rules)
General tenancy conditions

Tenants must attempt ombudsman resolution before going to court for most issues. This is designed to reduce the court burden but adds a step to the dispute process.

Rent Increase Rules

Under the new rules, landlords can only increase rent once per year. The process:

Serve a Section 13 notice with at least two months' notice of the proposed increase
The increase cannot be above market rent
Tenants can challenge any increase at the First-tier Tribunal if they believe it is above local market rate
The tribunal will set the rent — which cannot be above market rate but also cannot be set below the landlord's existing rent

What Landlords Should Do Now

1. Register on the national landlord database

This is not optional. Register all properties. Without registration you cannot use the critical new Section 8 grounds.

2. Ensure all safety certificates are current

Gas Safety Certificate: annual requirement, must be provided to tenants
Electrical Installation Condition Report (EICR): every 5 years
EPC: minimum Band E required (Band C target on the horizon — start planning)
Smoke and CO alarms: required in all rooms with solid fuel burning appliances, smoke alarms on each floor

3. Switch to the new assured tenancy agreement format

All new tenancies must use the updated tenancy agreement format that complies with the Renters Rights Act. Using an old template creates compliance risk. Your letting agent or the NRLA (National Residential Landlords Association) can provide compliant templates.

4. Keep meticulous records

Under Section 8, the burden is on you to demonstrate the legal grounds for possession to the court. Keep:

Complete rent payment records with dates and amounts
All written communications with tenants
Records of repair requests and responses
Inspection logs
Copies of all notices served and their service dates

5. Consider specialist landlord legal insurance

Legal expenses insurance for landlords covers the cost of possession proceedings, rent arrears recovery and associated legal costs. Given the potential complexity of the new Section 8 process, this has become more valuable than under the old Section 21 regime where costs were more predictable.

6. Join the NRLA

The National Residential Landlords Association provides model tenancy agreements, legal helplines, compliance guidance and lobbying on landlord interests. Membership is a practical necessity for most landlords navigating the new rules.

Frequently Asked Questions

When is Section 21 being abolished?

Section 21 no-fault evictions were abolished under the Renters Rights Act 2025. The Act applies to new tenancies immediately and there were transitional provisions for existing tenancies. Check gov.uk for the latest implementation details.

What replaces Section 21 for landlords?

Strengthened Section 8 grounds, including new mandatory grounds for selling the property and the landlord or family moving in. Rent arrears and anti-social behaviour grounds remain, plus a new ground for repeated late payment.

Can landlords still sell a property with tenants?

Yes — there is a new Section 8 ground for genuine sale. A minimum tenancy protection period applies before this ground can be used and you cannot re-let within a set period after using it.

Do I need to register as a landlord?

Yes. All private landlords in England must register on the new national landlord database. Failure to register results in penalties and prevents use of key Section 8 grounds.

Can tenants still be evicted for rent arrears?

Yes. Two months arrears is a mandatory Section 8 ground — courts must grant possession if the arrears condition is met at both notice and hearing. Keep clear rent records and act early when arrears begin to accumulate.

Should landlords sell up after Section 21 abolition?

This depends on your personal circumstances, tax position, local market and portfolio size. The new rules add compliance complexity and reduce flexibility. Many landlords remain profitable — but the importance of tenant selection and thorough record-keeping has increased significantly.

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