The Renters Rights Act represents one of the most significant reforms to the private rented sector in England in decades. At the centre of the discussion is Section 21, commonly referred to as the ‘no-fault eviction’ process. For landlords, understanding how Section 21 currently operates, how it may change, and what practical steps to consider is essential for responsible portfolio management.
The Government has confirmed that Section 21 will be abolished on May 1, 2026. The final date landlords will be able to serve a Section 21 notice is April 30, 2026.
This guide explains Section 21 in clear, structured terms, outlines the proposed reforms, and explores what the changes could mean in practice. It is provided for general informational purposes only. Landlords should seek professional guidance where necessary before taking action.
WHAT IS SECTION 21?
Section 21 of the Housing Act 1988 currently allows landlords in England to regain possession of a property without needing to prove tenant fault, provided the correct notice is served and statutory requirements are met. Possession can then be sought through the courts.
However, this process is being removed under the Renters Rights Act. From May 1, 2026, Section 21 will no longer exist as a legal route to regain possession.
While often described as a ‘no-fault’ route, Section 21 has always been subject to strict compliance rules. Landlords must ensure tenancy deposits are correctly protected, prescribed information has been served, and required documentation, such as gas safety certificates and EPCs, has been provided.
Failure to comply with procedural requirements can invalidate a notice. For this reason, careful record-keeping and proactive tenancy management have always been important.
WHY IS SECTION 21 BEING REFORMED?
The Government has stated that the purpose of reform is to create a more secure and transparent private rented sector. The abolition of Section 21 removes the ability to regain possession without specific legal grounds, thereby increasing tenant security.
The reforms are designed to balance tenant stability with landlords’ legitimate rights, such as selling a property, moving back in, or addressing serious tenancy breaches. The wider objective is to modernise the system and provide clearer rules for both parties.
WHAT WILL REPLACE SECTION 21 UNDER THE RENTERS RIGHTS ACT?
Under the new framework, landlords will rely solely on Section 8 possession grounds. These grounds have been expanded and strengthened to reflect common real-world scenarios.
Active possession grounds are expected to include:
Selling the property with genuine intent (Ground 1A)
Landlord or close family member occupation (Ground 1)
Persistent or serious rent arrears
Substantial breaches of tenancy agreement
Anti-social behaviour
For no-fault grounds such as selling the property or landlord occupation, landlords must provide at least four months’ notice.
In addition, these grounds cannot be used during the first twelve months of a new tenancy, meaning landlords must wait one full year before relying on them.
Landlords should seek professional guidance where necessary to understand how possession grounds apply to their circumstances.
MOVE TOWARDS PERIODIC TENANCIES
A key feature of reform proposals is the removal of assured shorthold tenancies (ASTs). Under the Renters Rights Act, ASTs will be legally abolished.
From May 1, 2026, all existing assured shorthold tenancies will automatically convert into Assured Periodic Tenancies. New tenancy agreements will also begin as periodic tenancies from the outset.
This structure is intended to give tenants greater flexibility while allowing landlords to recover possession using defined statutory grounds where appropriate.
HOW THE POSSESSION PROCESS MAY CHANGE
With the removal of Section 21, reliance on the court system for possession claims may increase. The Government has indicated an intention to modernise and digitise court processes to improve efficiency.
However, timelines and operational capacity will depend on implementation. Landlords may wish to factor potential delays into their planning and ensure documentation is comprehensive.
COMPLIANCE CONSIDERATIONS FOR LANDLORDS
In light of reform, landlords may consider reviewing the following areas:
Proactive compliance reduces risk and supports smoother tenancy transitions. Landlords should seek professional guidance where necessary to ensure their processes remain up to date
THE ROLE OF PROFESSIONAL LETTING AGENTS
Professional letting agents play an increasingly important role in helping landlords navigate legislative reform. From tenant referencing to rent collection and compliance monitoring, structured management can reduce administrative burden.
South West London remains one of the capital’s most competitive rental markets. High tenant demand in areas such as Putney, Richmond, Battersea, Chiswick, Earlsfield and Hammersmith can provide strong yields, but expectations around compliance and property standards are also high.
Landlords operating in these locations may need to place greater emphasis on structured tenancy management and long-term planning. The shift away from Section 21 could encourage more careful tenant selection, clearer communication, and detailed documentation from the outset.
Working with experienced local letting agents who understand borough-specific licensing schemes and market dynamics can help maintain stability and minimise disruption.
STRATEGIC PLANNING FOR PORTFOLIO LANDLORDS
For portfolio landlords, reform may require a broader strategic review. Considerations might include financing arrangements, insurance coverage, asset diversification and long-term exit planning.
While the core objective of reform is tenant security, professional landlords can adapt by strengthening compliance systems and focusing on sustainable tenancy relationships.
Landlords should seek professional guidance where necessary when reviewing structural or financial decisions.
FREQUENTLY ASKED QUESTIONS
Is Section 21 definitely being abolished?
Yes. The Government has confirmed that Section 21 will be abolished on May 1, 2026, with the final date to serve a Section 21 notice being April 30, 2026.
Can landlords still sell their property under the new rules?
Yes. Ground 1A allows landlords to regain possession in order to sell a property. However, landlords must provide four months’ notice, and the ground cannot be used within the first twelve months of a tenancy.
What happens to existing ASTs?
All assured shorthold tenancies will automatically convert into Assured Periodic Tenancies on May 1, 2026 as part of the legal transition.
What are the new rent arrears rules?
For mandatory possession under Ground 8, tenants must now be in at least three months of rent arrears both at the time notice is served and at the court hearing. The notice period is four weeks.
Does this affect London landlords differently?
The legislation applies across England. However, local market conditions in South West London may influence how landlords adapt operationally.
Want to know more? Speak to one of our team on 020 8940 2991
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