The end of Section 21 no-fault evictions
One of the most notable reforms introduced by the Renters Reform Act is the abolition of Section 21. For many years, Section 21 allowed landlords to serve a notice requiring tenants to leave a property at the end of a fixed-term tenancy or during a periodic tenancy without giving a reason. As long as the correct notice period and documentation requirements were met, landlords could regain possession through this route.
From 1 May 2026, this mechanism will no longer be available. The government’s intention is to provide tenants with greater security in their homes and allow them to raise concerns about property standards or rent increases without fearing a retaliatory eviction. For landlords, this represents a clear change in how possession claims must be approached. Any attempt to recover possession of a property must now rely on one of the statutory grounds available under the revised Section 8 process.
What does this mean for landlords?
- A legally defined reason is now mandatory: landlords will no longer be able to seek possession solely because a tenancy has reached the end of its fixed term. A legitimate legal ground will be required. Examples include situations where the landlord intends to sell the property, move into it themselves or where the tenant has breached the tenancy agreement.
- No more accelerated possession: the accelerated possession procedure, which previously allowed landlords to obtain possession through a largely paper-based court process for Section 21 claims, will be removed. Possession claims are therefore more likely to proceed through the standard court process, particularly where tenants challenge the claim.
- Transitional arrangements: the legislation includes transitional provisions to allow landlords time to adjust to the new system. If a valid Section 21 notice was served before 1 May 2026, landlords will have until 31 July 2026 to begin court proceedings using that notice. After this deadline, the Section 21 route will no longer be available.
- The end of fixed terms: alongside the removal of Section 21, the Renters Reform Act abolishes new fixed-term tenancies. All new and existing tenancies, including any remaining assured shorthold tenancy agreements, will transition into a single system of periodic tenancies.
In practical terms, landlords will need to place greater emphasis on accurate documentation, compliant tenancy agreements and clear evidence of possession grounds when managing their properties. Understanding how the revised Section 8 process operates will be central to regaining possession lawfully when circumstances require it.
Understanding the reformed Section 8 possession grounds
With the removal of Section 21, landlords must now rely entirely on Section 8 grounds for possession when seeking to regain control of a property. The Renters Reform Act has revised and expanded these grounds to reflect situations where landlords may reasonably need to recover possession. Each ground has specific criteria and notice periods, which landlords must follow carefully when beginning the eviction process.
New mandatory grounds for landlords
The legislation introduces additional mandatory grounds designed for situations where the landlord requires the property for legitimate reasons unrelated to tenant behaviour. These grounds allow possession if the legal criteria are met, although they include restrictions and longer notice periods.
- Ground 1: landlord or family member moving in: landlords can rely on this ground where they, or a close family member, intend to occupy the property as their main residence. However, this ground cannot be used during the first 12 months of a tenancy, which limits its use in the early stages of a new agreement and four months' notice must be given.
- Ground 1A: selling the property: a new ground has been created for landlords who intend to sell the property. As with Ground 1, this ground cannot be used within the first 12 months of the tenancy and four months notice must be given. If possession is obtained using this ground, the landlord will not be permitted to re-let the property for 12 months after the eviction takes place.
Updated grounds for tenant fault
Where tenants breach the terms of their tenancy agreement, landlords may rely on revised grounds relating to rent arrears or disruptive behaviour.
Grounds 8 and 10: rent arrears
The rules relating to rent arrears have been updated under the new legislative framework, affecting both the threshold for mandatory possession and the notice periods landlords must follow.
- Mandatory Ground 8: serious rent arrears: the threshold for this ground will increase. Landlords can rely on it only when the tenant owes at least three months’ rent at the time the notice is served and at the court hearing. If the requirements are met, the court must grant possession.
- Universal Credit exception: when calculating whether the three-month threshold has been reached, landlords must disregard arrears that have arisen solely because the tenant’s Universal Credit housing payment has not yet been received.
- Discretionary Ground 10: any rent arrears: this ground applies where tenants have missed rent payments but the arrears do not meet the threshold required for the mandatory ground. As it is discretionary, the court will consider the circumstances before deciding whether possession should be granted.
- Notice period (Grounds 8 and 10): the notice period for both grounds will increase from two weeks to four weeks before landlords can begin possession proceedings.
Grounds 7A and 14: antisocial behaviour
The provisions relating to antisocial behaviour have also been strengthened. In cases involving serious antisocial conduct, landlords will be able to begin court proceedings immediately after serving notice. The legislation provides clearer definitions of serious criminal offences, allowing landlords to act more quickly where tenants cause disruption or risk to others.
Other reformed grounds and notice periods
Several existing possession grounds will remain available to landlords, although the minimum notice periods attached to them are being extended. These longer timeframes are intended to give tenants additional time to make alternative housing arrangements before possession proceedings begin.
- Ground 2: mortgage repossession: this ground applies where a mortgage lender requires possession of the property, usually because the mortgage predates the tenancy and enforcement action is being taken. Under the revised framework, the notice period for this ground will increase to four months before court proceedings can be started.
- Ground 6: redevelopment: can be used where a landlord intends to carry out substantial redevelopment, reconstruction or structural works that cannot reasonably be completed while the property remains occupied. In these circumstances, landlords will also be required to give four months’ notice before seeking possession through the courts.
The new legal process to evict tenants
The eviction process introduces a more formal structure for recovering possession of a property than what was involved for Section 21 Landlords must follow the correct legal procedure at each stage to progress a possession claim successfully.
Step 1: identify a legally valid reason
Before taking action, you must establish which Section 8 ground for possession applies to your situation. This could involve circumstances such as rent arrears, repeated breaches of the tenancy agreement or a landlord’s intention to sell the property. The ground you rely on determines the correct notice form and the length of the notice period that must be given to the tenant.
Step 2: serve the correct written notice
You must provide the tenant with a formal written notice using the prescribed Form 3. The notice must clearly state the specific Section 8 ground or grounds you are relying on to seek possession. The notice period must comply with the timeframe required under the legislation for the chosen ground. If the notice contains errors or the incorrect notice period is used, it may be considered invalid and the process will need to begin again.
Step 3: start court proceedings if necessary
If the tenant does not vacate the property by the date stated in the notice, the next step is to apply to the court for a possession order. Under the revised system, most contested possession claims are expected to proceed to a court hearing. At this stage, landlords must present evidence supporting the ground for possession.
The removal of Section 21 is expected to place greater demand on the court system because more possession claims will rely on Section 8 grounds. As a result, landlords and letting agents may experience longer timelines when seeking to regain possession.
Other key changes landlords must know
The Renters Reform Act also introduces several additional measures that will affect how landlords manage their rental properties. These changes aim to increase transparency within the private rented sector and strengthen protections available to tenants.
- Fairer rent increases: landlords will only be able to increase rent once every twelve months. A Section 13 notice must be served with at least two months’ notice before the increase takes effect. Tenants will have the right to challenge increases they consider excessive at the First-tier Tribunal, free of charge.
- The right to request a pet: tenants will gain a legal right to request permission to keep a pet. Landlords cannot refuse such requests without a reasonable justification. In some cases, landlords may require tenants to obtain pet insurance to cover potential damage.
- Ban on discrimination: landlords and letting agents will no longer be allowed to apply blanket bans on applicants who have children or receive benefits, widening access to the private rented sector.
- Abolition of rent bidding: the practice of rent bidding will be prohibited. Landlords and agents will not be able to request or accept offers above the advertised rent from prospective tenants.
- A new landlord database and ombudsman: from late 2026, all private landlords will need to register on a national landlord database. A new landlord ombudsman scheme will also be introduced to handle complaints relating to property management and landlord conduct.
- Decent Homes Standard: the Decent Homes Standard will extend to the private rented sector, introducing a clear minimum standard for the condition and safety of rental properties.
These changes represent a shift in how the private rented sector will operate in England. For landlords, this means adjusting tenancy management practices to align with the updated rules on rent increases, tenant rights and property standards. Understanding these reforms in advance will help landlords avoid compliance issues and maintain well-managed rental properties under the new regulatory framework.
Preparing for the full enforcement of the new rules
The Renters Reform Act represents a major change for the private rented sector in England. With the removal of Section 21 no-fault evictions, landlords must rely entirely on the reformed Section 8 process when seeking possession of a property. This places greater emphasis on compliance, correct documentation and a clear understanding of the updated possession grounds and notice periods.
For landlords managing multiple properties or HMOs, the new framework introduces additional complexity. Notices must be prepared correctly, the appropriate possession ground must be identified, and the correct legal process must be followed at each stage. If mistakes are made, possession claims can fail, which may lead to delays, extended void periods and additional legal costs.
This is where AST Assistance provides practical support for landlords. Our team offers specialist consulting on landlord and tenant law, helping you understand how the changes apply to your situation. We can assist with issues such as tenancy management, breach of tenancy, mediation and guidance on the correct eviction process, helping you take the appropriate steps before disputes escalate.
If you have questions about how the new legislation affects your properties, or if you need guidance on serving notices and pursuing possession under the revised Section 8 rules, AST Assistance is here to help. Contact our team on 01706 619954 or fill out an online contact form to discuss your situation and receive clear, professional advice tailored to landlords operating in the UK.
