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The End of Section 21 & What Happens Now

The End of Section 21 & What Happens Now

The UK rental landscape is undergoing a huge shift at the moment. Just one of the proposed changes is the anticipated abolishment of Section 21 “no-fault” evictions.

As part of the Renters’ Rights Bill which is due to be debated following the recess of Parliament over the Summer, it's currently looking like Section 21 will be scrapped in 2025, following royal assent, and the roll-out of new tenancy rules will apply.

This change is significant for anyone in the rental marketplace in the UK; landlords, tenants, and property managers and professionals across England will all be impacted by this decision.

What is Section 21?

Section 21 of the Housing Act 1988 allows landlords to evict tenants without giving a specific reason, provided that they follow the correct legal process. It’s because landlords don’t need to give a specific reason to evict tenants that it has become known as the “no-fault” eviction.

Landlords can serve a Section 21 notice to regain possession both at the end of a fixed-term tenancy, and during a periodic tenancy, typically with at least two months’ notice.

Whilst it’s a mechanism that has offered flexibility and control for landlords, it has received criticism for creating insecurity for tenants who might be evicted without knowing why,even if they have been a model tenant, paying rent on time and in full compliance with their tenancy agreement.

Why is Section 21 Being Abolished?

The intention of abolishing Section 21 is to create a fairer rental market. The reasons the government has shared for the move include:

  • Improving tenant security: Tenants should be able to challenge poor housing conditions without fear of it resulting in eviction.
  • Reducing using Section 21 as a form of retaliation: Some landlords have previously used Section 21 to evict tenants who request repairs, or complain about property conditions.
  • Balancing the rights of both the landlord and the tenant: While landlords should be able to regain possession of their property, there should be a justifiable reason for doing so.

The aim of removing Section 21 is claimed to be to shift the balance towards longer-term, more secure renting for tenants.

What Will Replace Section 21?

Section 21 will be replaced by an enhanced Section 8 eviction process, which requires landlords to give a valid, legally defined reason to evict a tenant. The Renters’ Rights Bill outlines several changes to support the transition from Section 21 to an enhanced Section 8 eviction process:

Updated Grounds for Possession

The updated Section 8 process will include updated grounds for possession.

Some of the key updates include:

  • Selling the property. If a landlord intends to sell the property, they can evict the tenant.
  • Moving in themselves. A landlord (or close family member) will be able to reclaim the property if they intend to live in it themselves.
  • Repeated rent arrears. A new ground in Section 8 will allow eviction if a tenant has been in arrears multiple times, even if the arrears have been cleared by the time of the hearing.
  • Serious anti-social behaviour. Grounds relating to nuisance or criminal activity will be expedited.

Whilst all of these grounds will require notice periods, some of them will be exempt from being used during the first six months of a tenancy, like selling or moving in.

Simplified Tenancy Structures

Assured Shorthold Tenancies (ASTs) and periodic tenancies will be replaced by a single system of open-ended periodic tenancies. This will make it easier for tenants to move and for landlords to regain possession when necessary, assuming valid grounds are met.

Improved Court Processes

Recognising the potential strain on the legal system, the government has committed to digitising the eviction process to ensure landlords can recover properties more quickly and efficiently when legitimate grounds are met.

How Landlords Can Prepare

The removal of Section 21 is significant, but with the right approach, landlords can continue to run successful rental businesses. Here are practical steps landlords can take now:

1. Review Tenancy Agreements

Make sure your agreements are clear, up-to-date, and fully compliant with evolving legislation. Pay attention to clauses around rent arrears, anti-social behaviour, and maintenance responsibilities. togetha has lease templates included, checked daily against the government recommendations, so you’ll always be sure to have the latest requirements included, and flexibility to add anything else you need.

2. Improve Record-Keeping

With Section 8 taking centre stage, evidence will be crucial. Maintain clear records of tenant communication, rent payments, maintenance logs, and any breaches of agreement. This documentation will support your case if you need to pursue eviction through the courts. togetha maintains transparent audit trails for maintenance and compliance, giving you and your tenants peace of mind, and helping to streamline workflows and minimise paperwork.

3. Stay Informed on New Grounds

Familiarise yourself with the new Section 8 grounds. Knowing what is legally acceptable will help you make informed decisions when issues arise. You might also want to consult with legal professionals or property management services.

4. Build Good Relationships with Tenants

Strong communication and a proactive management style can help avoid disputes before they escalate. A good relationship also makes tenants more likely to cooperate if you need to regain possession for valid reasons. togetha encourages proactive communication, empowering tenants to report maintenance issues as soon as they occur, and helping landlords to easily manage contractors and appointments, all whilst keeping tenants in the loop, and providing a clear audit trail. You can also keep tenants informed of any changes or news, using the tenant communication features.

5. Plan for Longer-Term Tenancies

The reforms are designed to encourage stability. Consider how your investment strategy and property management approach can support longer tenancies while remaining flexible.

So What Now?

The abolition of Section 21 marks a major transformation in the UK rental sector. Whilst some might think it reduces flexibility for landlords, the new system is designed to ensure that evictions happen only when there is a justifiable reason. The key for landlords is preparation: understanding the changes, updating practices, and ensuring compliance.

By acting now and staying informed, landlords can future-proof their businesses and continue to provide valuable, high-quality homes in a fair and transparent rental market.

To book your no-commitment demo of togetha and see how we can help you navigate Section 21 changes and keep strong audit trails, head to our calendar to book in.


Written by

Kenneth Coffie

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