Section 21 is Being Abolished — What Landlords and Tenants Should Do Before the Cut-Off
The Renters' Rights Act will abolish Section 21 no-fault evictions. For landlords who may need to recover possession in the next 12–18 months, and for tenants who want to understand their new protections, here is a practical guide to what you should do before the law changes.
What Exactly Is Being Abolished?
Section 21 of the Housing Act 1988 currently allows a landlord to serve a notice on an assured shorthold tenant, requiring them to leave within two months, without needing to give any reason. It has been used extensively — both by landlords with legitimate reasons (wanting to sell, or move in themselves) and as a retaliatory tool against tenants who complain about repairs or exercise their legal rights.
Once the Renters' Rights Act comes into force, section 21 notices can no longer be served. Any landlord wishing to recover possession will have to use the section 8 procedure — proving a recognised ground for possession to a court. The Act will apply to all tenancies, including those already in existence — there will be no transitional period protecting existing fixed-term tenancies.
For Landlords — Act Now If You Need Possession
If you have a legitimate reason to want your property back — you plan to sell, move in yourself, or you have a genuine issue with the tenant — and you want to use section 21, you must act before the Act comes into force. Once the commencement date passes, section 21 is gone for good.
Section 21 Validity Checklist
Before serving a section 21 notice, check that all of the following are in order — a failure on any point can make the notice invalid:
- The deposit is protected in an approved scheme AND the prescribed information was served within 30 days
- A valid Energy Performance Certificate (EPC) was provided to the tenant at the start of the tenancy
- A valid Gas Safety Certificate was provided at the start and renewed annually
- The government's "How to Rent" guide was provided at the start (and any updated version on renewal)
- The property does not have an outstanding improvement notice or HHSRS hazard notice from the local council
- No licence is required for the property (e.g. HMO licence or selective licensing) — or if one is, it is in place
- You are using Form 6A (the prescribed notice form) and it is correctly completed
- The fixed term (if any) has ended, or at least four months of the tenancy have passed
For Landlords — Understanding the New Section 8 Grounds
After abolition, you will need to rely on section 8 grounds. The Renters' Rights Act creates new grounds alongside the existing ones, including:
- New Ground 1A (selling the property) — the landlord intends to sell. Requires four months' notice and the property cannot be re-let for 12 months after possession.
- New Ground 1B (occupation by landlord or close family) — the landlord or a close family member intends to move in. Again requires four months' notice and restrictions on re-letting.
- Ground 8 (two months' rent arrears) — this mandatory ground remains. If the tenant is in at least two months' arrears both at the date of the notice and at the date of the hearing, the court must grant possession.
- Ground 14 (anti-social behaviour) — remains available, with the notice period remaining at zero (immediate notice) for serious cases.
For Tenants — Your New Protections
Once the Act is in force, landlords cannot evict you without a lawful section 8 ground. However, this does not mean you cannot still be evicted — it means any eviction must be through the court and with a valid reason. Here is what you need to know:
- Keep paying your rent — rent arrears of two months or more give the landlord a mandatory ground for possession that the court must grant. Stay on top of payments even if you have other issues with your landlord.
- Report disrepair in writing — the Act strengthens protections against retaliatory eviction, but always create a paper trail. Report repairs by email or letter and keep copies.
- Know your notice periods — under the new Act, most grounds require at least four months' notice before possession proceedings can begin, giving you significantly more time to find alternative accommodation than under section 21.
- Use the new Ombudsman — the new Private Rented Sector Ombudsman will provide a route to resolve disputes (including illegal eviction, deposit disputes, and disrepair) without going to court.
Illegal Eviction — The Law is Clear
Whatever happens with section 21, landlords cannot evict tenants without a court order. Changing the locks, removing the tenant's belongings, cutting off utilities, or using harassment to make a tenant leave is illegal under the Protection from Eviction Act 1977. An illegally evicted tenant can apply to the County Court for an injunction reinstating them to the property, and can claim damages. The landlord may also face criminal prosecution by the local council.