Section 21 Abolition, What Replaces No-Fault Eviction Under the New Law

What Was Section 21?

Section 21 of the Housing Act 1988 gave landlords the right to seek possession of a property let on an Assured Shorthold Tenancy (AST) without providing any reason to the tenant, provided certain procedural requirements were met. This was colloquially known as "no-fault eviction."

The Renters' Rights Act 2025 abolished Section 21 for all tenancies in England. Landlords may no longer serve a Section 21 notice.

What Replaces Section 21?

All landlord-initiated possession proceedings must now be brought under **Section 8 of the Housing Act 1988** using one of the specified **grounds for possession** set out in Schedule 2 to that Act, as amended by the Renters' Rights Act 2025.

Grounds for possession are either **mandatory** (the court must grant possession if the ground is proved) or **discretionary** (the court may grant possession if it considers it reasonable to do so).

Key Mandatory Grounds

The new Grounds 1A and 1B are significant additions. For both grounds, there are restrictions on the landlord re-letting or re-marketing the property immediately after possession, intended to prevent abuse by landlords who use these grounds to remove tenants and simply relet at a higher rent.

Key Discretionary Grounds

Discretionary grounds include persistent rent arrears (Ground 10), deterioration of the property through tenant neglect (Ground 13), and breach of tenancy obligations (Ground 12). Courts retain discretion and may refuse possession even where a discretionary ground is proved if they do not consider it reasonable in the circumstances.

The Section 8 Procedure

1. **Serve a valid Section 8 Notice**, specifying the ground(s) relied upon, the particulars of the breach, and the date after which possession proceedings may be brought. Notice periods vary by ground.

2. **Wait for the notice period to expire**, the landlord may not apply to the court before this date.

3. **Apply to the County Court for a possession order**, the claim is made using the prescribed court forms.

4. **Court hearing**, the judge considers whether the ground is made out and, for discretionary grounds, whether it is reasonable to grant possession.

5. **Possession order**, if granted, the tenant is required to vacate by the date specified. If they do not, the landlord may apply for a warrant of possession and instruct enforcement agents (formerly bailiffs).

Protections for Tenants

The Act includes a number of safeguards designed to prevent landlords from abusing the new grounds:

• **Re-letting restrictions**, where possession is granted under Grounds 1A or 1B, the landlord must not relet the property as a short-term holiday let or sell it within a specified period without registering the fact on the PRS Database
• **Retaliatory eviction protection**, a court must not grant possession where the tenant has recently complained about disrepair or the property was inspected by environmental health officers
• **Rent arrears threshold**, Ground 8 requires arrears of at least two months at both the date of notice and the date of the hearing; landlords cannot use Ground 8 if arrears have been cleared between notice and hearing

What Landlords Should Do

Landlords should ensure they have robust tenancy management processes in place. Addressing rent arrears promptly through communication and, where necessary, Ground 10 or 11 at an early stage remains far preferable to allowing arrears to reach the Ground 8 threshold. Legal advice should be taken before serving any Section 8 notice to ensure the correct ground, correct notice period, and correct particulars are used.