The abolition of Section 21 notices: What should landlords be doing to prepare?

19 March 2026

The Renters’ Rights Act 2025 is fast approaching and we will see some of the biggest changes to the private rental sector in decades.

From 1 May 2026, landlords will no longer be able to rely on Section 21 notices and no-fault evictions to regain possession of their properties.

Instead, they will need to comply with the new Section 8 process and have evidence for valid legal grounds of possession.

Our Head of Dispute Resolution, Amanda Hyam, explains what the abolition of Section 21 notices means for landlords and how they can prepare if issues arise.

What is Section 21?

Section 21 of the Housing Act 1988 currently allows landlords to end an Assured Shorthold Tenancy (AST) without proving any fault on the part of the tenant.

Provided the correct notice is served and compliance requirements are met, landlords can seek possession after giving at least two months’ notice.

However, this is not a straightforward process and landlords must comply with strict rules around:

• Tenancy deposit protection
• Gas safety certification
• Services of the ‘How to Rent’ guide
• Retaliatory evictions

Despite these safeguards, Section 21 has been criticised for allowing tenants to be evicted without reason and the new legislation looks to remove this entirely.

What is changing around Section 21 notices?

Once the reforms come into effect, Section 21 notices will be abolished for new and existing tenancies.

AST will also be replaced with a single system of period tenancies. This means tenancies will roll on month to month, rather than ending at the expiry of a fixed term.

Landlords will no longer be able to recover possession due to a fixed term ending and will have to rely on statutory grounds under Section 8.

What will replace Section 21?

Section 8 of the Housing Act 1988 will become the only way you gain possession.

Unlike Section 21, this process requires landlords to establish one or more specific legal grounds for possession.

Existing grounds include rent arrears, breach of tenancy conditions and anti-social behaviour.

Section 8 will be updated to include reforms that allow landlords to recover properties in legitimate circumstances.

The new or revised grounds are expected to include:

• Intention to sell the property
• Intention for the landlord or close family member to move in
• Persistent or serious rent arrears

However, notice periods are likely to be longer in many cases and landlords will need to provide clear evidence to support their claims.

Landlords must prepare for tenants to have greater opportunities to challenge possession through the courts or tribunal system.

How can landlords prepare?

Landlords must take this time to review their tenancy agreements and processes across their property portfolio.

With fixed terms being removed, robust record keeping is critical in case any issues arise later.

This includes:

• Accurate rent payment records
• Written communication with tenants
• Inspection reports and maintenance logs
• Evidence of any breaches of tenancy

If possession becomes necessary, the success of a Section 8 claim will depend on the quality of this documentation.

Landlords should also assess the condition of their properties and ensure they are compliant with the upcoming regulatory requirements.

When landlords intend to prepare a claim for possession or if disputes arise between tenants, they should seek legal support as soon as possible.

If you are unsure about the upcoming reforms, the Government have created a Renters Rights Act guidance.

How can we support you with the Renters’ Rights Act reforms?

The Renters Rights Act can feel overwhelming and you may be unsure of the new processes to follow and how to stay compliant.

Our professional team can explain how the Renters Rights Act will affect you, review your tenancy agreements and support any possession claims so that they are aligned with the new Section 8 rules.

We can help prepare the relevant evidence for claims and support you in the litigation process if a dispute arises between you and your tenant.

The end of Section 21 does not remove your right to recover possession, but you must ensure you understand the new rules and know how to protect your property.

For further advice or support on the Renters’ Right Act reforms, contact our team today.