The End of Section 21 ‘No-Fault’ Evictions: What Landlords Need to Know
By Natalie Popova, Legal Consultant | Express Law Solutions
Disclaimer: This article is for general information only and does not constitute legal advice. For specific guidance, contact Express Law Solutions.
A Turning Point for UK Landlords
The UK rental market is on the brink of one of its most significant legal reforms in decades. The long-anticipated Renters’ Reform Bill will abolish Section 21 ‘no-fault’ evictions, removing the ability for landlords to end a tenancy without providing a legal reason. For many landlords, Section 21 has been a cornerstone of property management — a relatively quick and dispute-free way to regain possession. With its removal, the focus will shift to a more structured, evidence-driven process under Section 8 of the Housing Act 1988. Understanding these changes now will be crucial to protecting your investments in the years ahead.What Is Section 21 – And Why Does It Matter?
Currently, Section 21 eviction notices allow landlords to end an assured shorthold tenancy (AST) by giving tenants at least two months’ notice, without proving any breach of contract. This route has been particularly valued for avoiding lengthy disputes. However, the Section 21 ban UK will change this entirely. Landlords will only be able to end tenancies by citing one of the specific legal grounds set out in Section 8, which requires evidence and, in some cases, court involvement.Official reference: Housing Act 1988 – legislation.gov.uk
What Will Change Under the Renters’ Reform Bill
The most important shift is that every eviction will require a legal reason. For example, landlords will need to show that they are selling the property, moving in themselves (or a close family member), or addressing significant tenant breaches such as rent arrears or antisocial behaviour. The Bill also seeks to prevent “backdoor evictions” through excessive rent increases. Any proposed rent adjustment will need to reflect local market rates and can be challenged at the First-Tier Tribunal if tenants believe it to be unfair.Further reading: Gov.uk – Evicting tenants
When Will You Still Be Able to Reclaim Your Property?
After the end of Section 21, the main grounds for repossession will include:-
- Moving in: You or a close family member intend to live in the property, provided the tenancy has lasted at least 12 months.
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- Selling the property: Again, the tenancy must be at least 12 months old, and the sale must be genuine.
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- Major works: Significant redevelopment or renovation that cannot be done with tenants in place.
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- Serious arrears: The tenant owes at least three months’ rent.
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- Antisocial behaviour: Persistent, disruptive behaviour that can be evidenced.
Why Some Section 21 Notices Fail – Even Before the Ban
It’s worth remembering that even now, a Section 21 notice can be invalid if you’ve missed certain compliance steps. Common pitfalls include:-
- Not protecting the deposit in a government-approved scheme.
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- Failing to provide the tenant with an Energy Performance Certificate (EPC), Gas Safety Certificate, or the government’s “How to Rent” guide.
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- Operating an unlicensed House in Multiple Occupation (HMO).
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- Having an Improvement Notice from the local authority in force within the last six months.
Deposit protection rules: Gov.uk – Tenancy Deposit ProtectionIf any of these apply, the notice is unenforceable, and possession claims may be struck out by the court.
Section 8 – The Legal Route Forward
Once Section 21 is gone, Section 8 notices will become the primary route for eviction. This process requires you to specify the legal grounds, provide evidence, and follow the exact notice period required from 14 days to two months, depending on the situation. While this route is more formal, it also offers greater protection against disputes when properly executed.Practical Steps to Prepare.
To safeguard your position as a landlord:-
- Review your current tenancies – Check if your agreements and documentation meet Section 8 standards.
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- Keep thorough records – Rent payments, inspection reports, and communication logs can make or break your case.
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- Plan ahead – If you think you may need possession soon, act before the law changes.
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- Stay informed – Follow government announcements and seek legal advice to adapt quickly.
Your Rights as a Landlord Will Remain
Even without Section 21, landlords will retain the right to:-
- Receive rent on time.
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- Repossess property legally under Section 8.
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- Access the property for repairs and safety checks (with 24 hours’ notice).
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- Seek compensation for damages or breaches.
