Goodbye Section 21: New Grounds for Ending Tenancies

For decades, landlords have been able to end tenancies through a “no-fault” eviction process known as Section 21. The Renters’ Rights Act changes that completely.

With the abolition of Section 21, landlords must now use specific, evidenced grounds for possession under Section 8. This reform aims to create greater stability for tenants, preventing unfair or arbitrary evictions, while ensuring landlords still have legitimate means to regain possession of their properties.

• Section 21 abolished: Landlords will no longer be able to end a tenancy without giving a reason. Instead, they must rely on one or more approved grounds for possession under Section 8 of the Housing Act 1988 (as amended). 

• Section 8 expanded: The Renters’ Rights Act updates and expands the existing Section 8 grounds, introducing clearer rules, notice periods, and protections for both parties.

• New time restrictions: Landlords cannot use certain possession grounds (such as selling the property or moving in) during the first 12 months of a tenancy. 

• Tenant notice: Tenants can end their tenancy at any time by giving two months’ written notice, ending at the end of a rent period. 

Under the new regime, landlords must specify one or more valid grounds when serving notice. These fall into two main categories:

1. Mandatory Grounds

If proven, the court must grant possession. Examples include:

• Landlord selling or moving in: Grounds 1A and 1B allow possession if the landlord or a close family member intends to move in, or if the landlord intends to sell the property — but not within the first 12 months.

• Serious rent arrears: If the tenant owes at least three months' (or 13 weeks' if rent is paid weekly or fortnightly) overdue rent.

• Breach of immigration status: Where tenants lose the right to rent in the UK.

2. Discretionary Grounds

The court decides whether possession is reasonable. These include:

• Persistent rent arrears or late payments.

• Anti-social behaviour or property damage.

• Breach of tenancy terms, such as unauthorised pets or subletting.

Landlords must provide the correct Section 8 notice (expected to replace Form 3) and clearly state the ground(s) relied upon. If the tenant leaves by the end of the notice period, no further action is required; otherwise, the landlord must apply to court for possession.

The abolition of Section 21 represents a fundamental shift in the balance between flexibility and security.

• For tenants: It means greater protection from unfair eviction and the ability to challenge issues like rent increases without fear of being asked to leave.

• For landlords: It means being more deliberate and compliant, ensuring that any possession claim is well-documented and justified under one of the approved grounds.

This doesn’t remove landlords’ rights, it simply formalises the process and ensures transparency.

• Review your existing notice processes and ensure Form 6A is no longer used once the legislation takes effect.

• Familiarise yourself with the new Section 8 grounds, including mandatory and discretionary categories.

• Keep detailed records of tenancy breaches, arrears, or communications, as these may be needed for possession claims.

• Remember the 12-month restriction on selling or moving in as a possession ground.

• Ensure that any eviction reason is genuine, misuse of grounds (for example, falsely claiming an intention to sell) can lead to penalties of up to £40,000. 

1. What happens to existing Section 21 notices?

If a valid Section 21 notice was issued before the law takes effect, it will still be valid for up to six months. After the new law commences, all new possession notices must use the updated Section 8 process. 

2. Can landlords still regain possession to sell?

Yes, but only after the first 12 months of the tenancy and with proper notice under the new Section 8 grounds.

3. What happens if the tenant refuses to leave after notice expires?

Landlords must apply to the court for an order for possession. Physical eviction without a court order remains unlawful. 

4. Are student landlords affected?

Yes, but there is a specific exemption (Ground 4A) allowing landlords to regain possession at the end of the academic year if the property is rented to full-time students in an HMO. 

5. What are the penalties for misuse?

If a landlord falsely claims they intend to sell or move in and relets the property within 12 months, they can face a fine of up to £40,000 and potential restrictions on future letting. 

Section 21’s removal means the end of “no-fault” evictions. Landlords must now use clear, lawful, and justified grounds for possession — with fair notice periods and evidential support.

Handled correctly, this change should not make it harder for responsible landlords to manage their properties; it simply brings more structure and fairness into the process.