With Section 21 set to be abolished so called “no-fault evictions” will soon be a thing of the past. Many landlords are asking what will replace it and how this will affect the way they manage their properties.
At Horizon Lets we aim to keep our landlords fully informed about changes in legislation. Below we explain what the new Renters’ Rights Act (RRA) means how the removal of Section 21 will work in practice and what landlords can expect going forward.
What is changing under the Renters Rights Act?
The Government’s Renters Rights Act represents one of the most significant reforms to the private rented sector in more than 30 years.
A key part of the legislation is the removal of Section 21 notices which have historically allowed landlords to regain possession of their property without needing to provide a specific reason.
Since the Housing Act of 1988 Section 21 has allowed landlords to serve two months’ notice to regain possession of a property once the initial fixed term has ended. Under the new rules landlords will no longer be able to use this route.
What will replace Section 21?
From 1 May 2026 Section 21 will be replaced by updated and expanded Section 8 grounds for possession.
These grounds will allow landlords to regain possession of their property where there is a legitimate reason to do so. Some grounds will be mandatory (meaning the court must grant possession if proven) while others will remain discretionary.
Landlords will still be able to recover possession of their property in situations such as:
- The tenant has fallen into rent arrears
- The landlord intends to sell the property
- The landlord or a close family member intends to move into the property
- The tenant has been involved in anti-social behaviour
- The tenant has caused damage to the property
In practice this means landlords will need to provide a clear and evidenced reason for ending a tenancy.
When will Section 21 be abolished?
The official start date for the new system is 1 May 2026.
From this date:
- All existing tenancies will automatically move onto the new system
- Any new tenancy agreements signed from this date will follow the new rules
Will the eviction process change?
Yes, the process will change. Currently landlords can issue either a Section 8 or Section 21 notice specifying the date the tenant must leave the property.
If the tenant does not vacate the landlord can apply to the court for a possession order.
From May 2026 possession claims will only be made using Section 8 grounds. The accelerated possession route used with Section 21 will no longer be available.
This means:
- All possession claims will go through the courts
- Evidence will need to be provided to support the reason for eviction
If the claim is based on a mandatory ground the court must grant possession once the evidence is confirmed.
If it is a discretionary ground the court will decide whether eviction is reasonable in the circumstances.
When can landlords serve a Section 8 notice?
Under the new rules landlords can serve a Section 8 notice at any point during the tenancy provided there is a valid reason.
Examples include:
- Anti-social behaviour
- Significant property damage
- Persistent rent arrears
For situations where the tenant is not at fault notice periods may be longer to give tenants more time to find alternative accommodation.
What happens to existing Section 21 notices?
Section 21 notices served before 1 May 2026 will still be valid.
Landlords will be able to continue issuing Section 21 notices up until 30 April 2026.
If a tenant has not vacated after the notice expires landlords can still apply to the court using Section 21 until 31 July 2026.
Will court delays become a problem?
One of the biggest concerns from landlords is the potential for increased pressure on the court system as all possession cases will need to be heard through the courts.
The Government has indicated that reforms to the court process including greater digitalisation of claims should help manage the increased demand and improve efficiency.
However many landlords remain cautious about potential delays.
What is changing with rent arrears?
Rent arrears remain one of the most common reasons for eviction. The Renters’ Rights Act introduces a few key changes:
- Landlords can begin eviction proceedings once arrears reach three months rather than the current two months
- The notice period for eviction due to rent arrears will increase from two weeks to four weeks
- The three month arrears threshold must still apply at the time of the court hearing
What about student accommodation?
There will be a specific possession ground for landlords who let properties to students within HMOs allowing them to regain possession in time to re-let for the next academic year.
However this provision will not apply to landlords renting out self-contained properties such as individual flats to students.
Keeping landlords informed
Legislation in the private rented sector continues to evolve and it is important for landlords to stay informed.
At Horizon Lets we work closely with our landlords to ensure they understand upcoming regulatory changes and how these may affect their properties and tenancy agreements.
If you would like advice on how the Renters’ Rights Act may impact your portfolio our team is always happy to help.
Related Articles
- Should I Let My Tenant Decorate?
- The Importance Of Building A Good Relationship With Your Tenants
- What Landlords Should Know About ‘White Goods’
- Starting your Property Portfolio
- Landlord’s Guide to Letting Property
