What Was Section 21?
Section 21 of the Housing Act 1988 previously allowed a landlord to end an Assured Shorthold Tenancy (AST) in England without giving any reason, provided they gave the tenant at least two months' written notice and the notice was served correctly. This became known as "no-fault" eviction.
While technically neutral — requiring no fault on the tenant's part — Section 21 was widely criticised for creating tenant insecurity, enabling retaliatory eviction when tenants raised legitimate complaints, and contributing to homelessness when tenants could not find affordable alternative accommodation quickly enough.
Why Section 21 Was Abolished
- Tenants lived with constant uncertainty and could not put down roots or make long-term plans
- Landlords used Section 21 to remove tenants who complained about disrepair or poor conditions (retaliatory eviction)
- The end of fixed-term tenancies often resulted in homelessness for vulnerable tenants
- Rising rents in many areas meant tenants had nowhere affordable to move to at short notice
- Scotland had already abolished no-fault eviction through the Private Housing (Tenancies) (Scotland) Act 2016
Old System (Pre-2025): Section 21
- Two months' notice required
- No reason needed
- Could only be served after fixed term ended
- Various technical requirements (deposit protection, prescribed information, gas safety, EPC, How to Rent guide)
- Section 21 blocked if tenant complained about repairs
- Court process required for actual eviction
New System (2025 Onwards): Section 8 Only
- Must use a specific legal ground
- Notice period depends on ground (weeks to months)
- No fixed terms — all tenancies are periodic
- Mandatory grounds: serious arrears, sell property, move in
- Discretionary grounds: lesser breaches
- Court process required for actual eviction
The New System: Section 8 Grounds for Possession
Under the Renters' Rights Act 2025, all possession proceedings must use Section 8 of the Housing Act 1988 with one of the specified grounds. Grounds are either mandatory (the court must grant possession if proved) or discretionary (the court may grant possession if it considers it reasonable).
Key Mandatory Grounds (Court Must Grant Possession)
| Ground | Reason | Notice Period |
|---|
| Ground 2 | Mortgage lender repossessing the property | 2 months |
| Ground 6 | Landlord redeveloping the property | 2 months |
| Ground 7A | Serious antisocial behaviour (criminal conviction) | 4 weeks |
| Ground 8 | Serious rent arrears (2 months / 8 weeks) | 4 weeks |
| Ground 1 (new) | Landlord or close family member wants to move in | 2-4 months |
| Ground 1A (new) | Landlord wants to sell the property | 2-4 months |
Key Discretionary Grounds (Court May Grant Possession)
| Ground | Reason | Notice Period |
|---|
| Ground 10 | Some rent arrears (less than 2 months) | 2 weeks |
| Ground 11 | Persistent late payment of rent | 2 weeks |
| Ground 12 | Breach of tenancy agreement | 2 weeks |
| Ground 13 | Tenant has allowed the property to deteriorate | 2 weeks |
| Ground 14 | Nuisance, annoyance or antisocial behaviour | Immediate |
| Ground 17 | Tenant provided false statements to obtain tenancy | 2 weeks |
Important: Even after a valid notice expires, a landlord cannot physically remove a tenant. They must apply to the County Court for a possession order and then obtain a warrant for eviction via bailiffs. Self-help eviction is illegal and a criminal offence under the Protection from Eviction Act 1977.
The Court Process for Possession
After serving a valid Section 8 notice and the notice period expiring, the landlord must apply to court for a possession order. The process involves:
Step 1: Serve Section 8 Notice
Serve the prescribed Section 8 notice stating the ground(s) relied upon and the notice expiry date. Keep proof of service (recorded post, personal service with witness, or process server).
Step 2: Wait for Notice to Expire
Notice periods range from immediate (Ground 14 ASB) to 4 months depending on ground. The court will not hear the case before the notice expires.
Step 3: Issue Possession Claim
File a Claim for Possession at the County Court. Standard possession claim fee: £391. Accelerated procedure (paper hearing only) also available for some cases.
Step 4: Court Hearing
Both parties attend. Judge considers the ground. For mandatory grounds, must grant possession. For discretionary grounds, considers reasonableness. Current hearing wait times: 4-12+ weeks depending on court capacity.
Step 5: Possession Order
If possession granted, court sets a date by which tenant must vacate (typically 14-28 days for mandatory grounds).
Step 6: Warrant for Eviction
If tenant does not leave voluntarily, landlord applies for a warrant for possession. County Court bailiffs carry out the eviction. Additional fee: £148. Wait times for bailiffs: 4-8+ weeks.
Tenant Rights Under the New Rules
The Renters' Rights Act 2025 significantly strengthens tenant protections beyond simply abolishing Section 21:
- No more fixed-term tenancies: All new tenancies are periodic (rolling) from the start. Tenants cannot be forced into inflexible fixed terms.
- Protection from retaliatory eviction: Landlords cannot serve possession proceedings in response to tenants raising legitimate complaints about property condition or exercising legal rights.
- Right to request a pet: Tenants have the right to request to keep a pet, which landlords can only refuse on reasonable grounds.
- Rent increase limits: Rent can only be increased once per year, and the Section 13 process must be followed for any increase. Tenants can challenge excessive increases at the First-tier Tribunal.
- Landlord registration and ombudsman: All landlords must register and join a private rented sector ombudsman scheme, giving tenants a free dispute resolution service.
- Decent Homes Standard: Private rented sector properties must meet the Decent Homes Standard for the first time.
What Tenants Should Do If Facing Eviction
- Check whether the notice is valid — has the correct Section 8 form been used? Is the ground correctly stated? Is the notice period correct?
- Seek free advice from Shelter (shelter.org.uk), Citizens Advice, or a local housing charity immediately
- Do not leave voluntarily before a court order is made — this may affect your rights with the local council's homelessness service
- If you believe the eviction is retaliatory (in response to you complaining about repairs), this is a strong defence
- Attend any court hearing — non-attendance often results in a possession order being made in your absence
Related Guides
What Landlords Need to Do Now
Landlords who previously relied on Section 21 as a management tool need to adapt their approach significantly:
- Update all tenancy agreements: Fixed-term ASTs are no longer valid for new tenancies. All agreements should be updated to reflect the new periodic tenancy model.
- Understand the Section 8 grounds thoroughly: Know which grounds apply to your situation before a problem arises. Keep rent arrears records meticulously as Ground 8 requires precise arrears levels.
- Maintain properties to standard: With the Decent Homes Standard now applying to the PRS, regular property inspections and prompt responses to repair requests are essential. Disrepair is also a defence to possession claims.
- Register as a landlord: The Renters' Rights Act introduces mandatory landlord registration. Unregistered landlords may face fines and difficulty recovering possession.
- Join the PRS Ombudsman: Membership is mandatory. The ombudsman can award up to £25,000 in redress to tenants for poor practice.
- Protect deposits correctly: Ensure deposits are protected within 30 days and all prescribed information is served. Failure to do so is a complete defence for tenants in possession proceedings and attracts a financial penalty.
Frequently Asked Questions
Has Section 21 been abolished?
Yes. Section 21 no-fault eviction was abolished by the Renters' Rights Act 2025 in England. Landlords can no longer serve a Section 21 notice to recover possession without a legally specified reason. Scotland abolished no-fault eviction separately in 2017 under the Private Housing (Tenancies) (Scotland) Act 2016.
What replaced Section 21?
Section 21 has been replaced by a reformed Section 8 system with expanded grounds for possession. Landlords must now use one of the specific grounds listed in Schedule 2 of the Housing Act 1988 (as amended by the Renters' Rights Act 2025). Mandatory grounds include serious rent arrears, antisocial behaviour and the landlord genuinely wishing to sell or move in.
Can a landlord evict a tenant if they want to sell the property?
Yes. Under the new rules, landlords can seek possession using a mandatory ground when they genuinely intend to sell the property. However, they must follow the Section 8 process, serve the prescribed notice, give the required notice period, and prove the intention is genuine. If the landlord re-lets the property within 12 months of obtaining possession on selling grounds, tenants may have grounds for a compensation claim.
What are the notice periods for Section 8 under the new rules?
Notice periods under the reformed Section 8 regime vary by ground. For serious rent arrears (mandatory Ground 8), the notice period is 4 weeks. For landlord wanting to sell or move in (new mandatory grounds), the notice period is 2-4 months. For antisocial behaviour (Ground 14), landlords can seek an immediate hearing. The court then considers the case and grants a possession order if the ground is proved.
What happens if I received a Section 21 notice before the Act came into force?
Section 21 notices issued before the Renters' Rights Act came into force may still be valid and capable of being used to seek possession through the courts for a transitional period. Check the date of your notice and seek advice from Shelter or Citizens Advice immediately if you have received one. Do not vacate the property before obtaining advice.
What protection do tenants have against retaliatory eviction?
The Renters' Rights Act 2025 strengthens protection against retaliatory eviction significantly. With Section 21 gone, landlords cannot use no-fault eviction in response to tenants raising complaints. Any possession sought through Section 8 must use a legitimate ground and can be challenged in court. Landlords found to be acting in bad faith face rent repayment orders and penalties from the PRS Ombudsman.
Can a fixed-term tenancy still be ended early?
Under the Renters' Rights Act 2025, fixed-term Assured Shorthold Tenancies are abolished for new tenancies. All new tenancies are periodic from the start. Landlords can only end a tenancy using Section 8 grounds. Tenants can end a periodic tenancy by giving the required notice (typically 2 months written notice).
What should landlords do now that Section 21 is abolished?
Landlords should: ensure all tenancy agreements comply with the new Renters' Rights Act requirements; familiarise themselves with the Section 8 mandatory and discretionary grounds; maintain accurate rent arrears records; keep properties in good repair; ensure deposits are protected and prescribed information served; register as a landlord; and join the mandatory PRS Ombudsman scheme.