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Possession & Section 21

Under the Housing Act 1988, landlords have been able to issue​ a Section 21 notice to evict a tenant without providing a reason. This is known as a "no-fault" eviction, and is often used when a landlord wishes to sell the property or move in themselves.

The Renters’ Rights Bill will see the abolition of Section 21, meaning that landlords can still regain possession of a property for a range of reasons, including the above, but the process will now require them to state specific grounds for possession.

Key takeaways

What you need to know

  • Section 21 is being abolished—no more “no-fault” evictions.
  • Landlords must use specific legal grounds to regain possession.
  • New protections ensure possession claims are fair and evidence-based.
  • Preparation and documentation are essential for compliance.

The end of Section 21

Under the new legislation, Section 21 will be abolished entirely, with new legal grounds introduced so that landlords must cite their reasons for evicting a tenant.

Under the new rules

  • Section 21 will be abolished entirely.
  • Landlords will now have to provide a valid and legally defined reason to evict.
  • Certain grounds for possession cannot be used during the first 12 months of a new tenancy.

New grounds for possession

To balance the removal of Section 21, the Renters’ Rights Bill strengthens and expands Section 8 of the Housing Act, as well as outlining specific legal grounds for possession. Each ground comes with its own notice period and evidentiary requirements, ensuring that possession claims are fair and justified.

Grounds for possession will include

  • Selling the property: Landlords can regain possession if they intend to sell. This will require 4 months' notice and cannot be used for the first 12 months of a tenancy.  
  • Moving in: Landlords or close family members can reclaim the property for personal use. This will require 4 months' notice and cannot be used for the first 12 months of a tenancy. 
  • Tenant fault: Grounds such as rent arrears, anti-social behaviour, or breach of tenancy remain valid, and landlords will be able to give shorter notice periods for these.
  • Repeated serious arrears: A new ground allows possession for tenants who are persistently in rent arrears. This will require 4 weeks' notice.

Sale after possession

The new framework will still protect landlords’ rights to regain possession of their property, with some restrictions to prevent misuse of possession powers.

What this means

  • Landlords cannot use the intention to sell ground within the first twelve months of a tenancy.
  • If a landlord regains possession on the basis of selling or moving in, they cannot re-let the property for twelve months.This may be reduced to six months pending an amendment to the bill.
  • Tenants will have the right to challenge possession claims in court, and judges will assess whether the grounds are met.

What landlords need to do

Landlords will need to maintain open communication with tenants and document any issues early, as this will support any future possession claims.

To prepare for the changes

  • Familiarise yourself with the new eviction grounds and associated notice periods.
  • Keep detailed records—especially if planning to sell, move in, or claim tenant breach.
  • Review tenancy agreements to ensure they align with the new legal framework.

Got a question about your rental property?

If you have any questions for our team about the Renters' Rights Bill and what it means for you as a landlord, please contact your nearest lettings branch or fill in your details below and we'll get back to you. 

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