Why Section 21 is being abolished
Section 21 of the Housing Act 1988 allows landlords to evict tenants without giving a reason, provided the correct notice is served and compliance requirements are met. These are commonly referred to as Section 21 no-fault evictions.
The previous Conservative government committed to abolishing Section 21 as part of wider tenancy reforms aimed at increasing security for private renters. That policy has continued under the current government, with the Renters Reform Bill evolving into the Renters Rights Act once it reached Royal Assent.
Once the abolition of Section 21 takes effect (with the majority of changes taking place from 1 May 2026), landlords will no longer be able to serve a Section 21 notice to regain possession of a dwelling house. All evictions will need to rely on specific statutory grounds for possession and proceed through the court process.
What will replace Section 21 evictions?
Section 21 will be replaced by a revised grounds-based eviction system and Section 8 notices will become the sole route for eviction. Landlords will no longer be able to rely on no-fault evictions and will instead need to regain possession by proving that a lawful statutory ground applies.
These grounds are set out in the Housing Act and amended by the Renters Rights Act. They are divided into mandatory grounds, where the court must grant possession if proven, and discretionary grounds, where the court decides whether eviction is reasonable. Each ground has specific notice periods, evidence requirements and court procedures.
In practical terms, what will replace Section 21 is:
- A tenancy system based on periodic tenancies rather than fixed-term arrangements.
- A requirement to rely on statutory grounds for possession.
- Longer minimum notice periods in most cases.
- Greater scrutiny during court proceedings.
- Increased reliance on the court system to determine possession claims.
The end of assured shorthold tenancy
One of the most significant changes is the removal of assured shorthold tenancy as the default rental model. Assured shorthold tenancy AST arrangements will be replaced with assured tenancies that run on a periodic basis from the outset.
This means:
- No new fixed-term tenancy structures.
- No automatic right to regain possession at the end of a fixed term.
- Tenancies continue until the tenant leaves voluntarily or the landlord successfully seeks possession through the courts.
Existing tenancies will transition into periodic tenancies automatically once the new rules take effect.
Grounds for possession after Section 21
Once Section 21 is abolished, landlords must rely on the revised possession grounds to evict tenants. These fall into two categories.
Mandatory grounds
Mandatory grounds require the court to grant possession if the landlord proves the ground applies and has followed the correct legal process.
Common mandatory grounds include:
- Serious rent arrears.
- The landlord wishes to sell the property.
- A close family member needs to move in.
- Certain criminal or antisocial behaviour cases.
For landlords dealing with rent arrears, the definition of serious rent arrears will change. Under the new rules, tenants must owe at least three months’ rent, rather than two, at both the time notice is served and the court hearing.
Notice periods for mandatory grounds will generally increase to four months’ notice, although some serious cases may still allow shorter periods.
Discretionary grounds
Discretionary grounds allow the court to decide whether it is reasonable to grant possession based on the circumstances.
Examples include:
- Persistent late rent payments.
- Breach of the tenancy agreement.
- Antisocial behaviour that does not meet the mandatory threshold.
- Damage to the rental property.
Under discretionary grounds, landlords must provide clear evidence and persuade the court that eviction is justified. This increases the importance of record-keeping, tenancy documentation and correct procedure.
How landlords will regain possession
Without Section 21, landlords will regain possession through a structured legal process that involves:
- Identifying the correct possession grounds.
- Serving a valid eviction notice with the correct notice period.
- Issuing possession claims if the tenant does not leave.
- Attending a court hearing.
- Obtaining a possession order.
- Enforcing that order if required.
At no point can landlords evict tenants without a court order. Attempting to bypass the legal process will expose landlords to enforcement action by the local authority and potential criminal penalties.
Notice periods under the new rules
- Four months’ notice where the landlord intends to sell the property, subject to the tenancy having run for the required minimum period.
- Four months’ notice where the landlord or a close family member intends to occupy the property as their main home.
- Shorter notice periods for serious anti-social or criminal behaviour, which may be four weeks or less, and in the most serious cases can allow landlords to proceed to court almost immediately, depending on the level of criminality and supporting evidence.
- Four weeks’ notice for serious rent arrears cases, where the tenant meets the higher statutory arrears threshold and those arrears remain outstanding both when notice is served and at the court hearing.
Minimum notice periods will apply strictly, and any error in notice length or wording can invalidate the possession claim.
Selling a rental property after Section 21
Landlords who wish to sell the property will still be able to regain possession, but only through a specific mandatory ground.
Key points include:
- The tenancy must have been in place for at least 12 months.
- Four months’ notice must be given.
- Evidence of genuine intent to sell will be required.
- Re-letting the property within a defined period may be restricted.
This change directly affects landlords planning to exit the rental market or sell part of a portfolio.
Rent arrears and possession
Rent arrears remain one of the most common reasons landlords seek possession.
Under the new tenancy system:
- Serious rent arrears thresholds increase.
- Notice periods extend.
- The court system will play a larger role in assessing affordability, payment history, and tenant conduct.
Landlords dealing with ongoing rent arrears should act early, maintain accurate rent schedules, and seek legal advice before arrears escalate.
Court proceedings and possession claims
Court proceedings will become central to the eviction process. Unlike Section 21, possession claims will rarely be paper-based and are more likely to require a court hearing.
This places pressure on the court system and increases the importance of:
- Correct documentation.
- Clear evidence.
- Compliance with all legal obligations.
- Strategic use of mandatory grounds where available.
Delays in the court process are expected, particularly during the transition period after Royal Assent.
Impact on private landlords and the rental sector
The abolition of Section 21 represents a structural shift for private landlords. It affects rental income planning, risk management, and portfolio strategy.
Landlords will need to:
- Review tenancy agreements.
- Adjust expectations around vacant possession.
- Factor longer notice periods into financial planning.
- Strengthen tenant selection and referencing processes.
- Monitor rent payments closely.
Prospective tenants may experience greater security, while landlords face increased procedural complexity.
What landlords should do now
Although Section 21 remains in force until the Renters Rights Act is implemented, landlords should prepare now.
This includes:
- Reviewing existing tenancies and notice strategies.
- Understanding new possession grounds.
- Updating tenancy documentation.
- Planning for longer notice periods.
- Seeking professional advice from experts such as AST Assistance before serving notice.
Early preparation reduces the risk of failed possession claims and extended loss of rental income.
How AST Assistance supports landlords
AST Assistance works exclusively with landlords and provides specialist advice on possession strategy, eviction law, and tenancy reform.
We support landlords by:
- Advising on what will replace Section 21 in practice.
- Identifying the strongest grounds for possession.
- Preparing and serving compliant eviction notices.
- Managing possession claims and court proceedings.
- Supporting landlords dealing with rent arrears and enforcement risk.
- Advising on portfolio planning following the abolition of Section 21.
Where landlords need to regain possession efficiently and lawfully, our experience across eviction law, the Housing Act, and the evolving Renters Rights Act provides clear direction.
If you are concerned about how the abolition of Section 21 will affect your properties, or you need support with possession claims under the new rules, AST Assistance can help.
For landlord-focused advice on evictions, rent arrears, and possession strategy, contact AST Assistance on 01706 619954 or fill out the online contact form.
