Abolition Of Section 21: Guide For Landlords
At the end of October, the Renters’ Rights Act 2025 received Royal Assent, signalling that the abolition of Section 21 of the Housing Act 1988 will soon come into force – and the Government has just confirmed that “no-fault evictions” will be outlawed from 1 May 2026 in England.
So what does this mean for landlords?
The new Renters’ Rights Act will change how tenancies are handled and, with regards to the Section 21 abolition, how they are ended.
What Is Section 21?
Section 21 allows landlords to regain possession of their rental properties without having to provide a reason for this – which is why they’re known as no-fault evictions. The new Act will abolish the use of this Section 21 Notice by landlords.
Why Was The Royal Assent Significant?
The Royal Assent marks the last step in the legal process of a Bill and the moment before a Bill becomes an Act of Parliament. It signals that time is running out for the 11 million private landlords in England who want to use Section 21 Notice to reclaim possession of their properties.
When Will The Renters’ Rights Act 2025 Become Law?
The government has just confirmed that parts of the Act will be in force on 1 May 2026.
A major part of the new Renters’ Rights Act is the abolition of Section 21, which will mean landlords can only end a tenancy if there is a valid reason for regaining possession under Section 8 of the Housing Act 1988, from 1 May.
What Does This Mean For Landlords?
The change in tenancies for landlords will happen in 2 different ways:
For New Tenancies:
- These tenancies will be periodic from the start
- Illegal to use a Section 21 Notice for these tenancies
- Landlords will need to use Section 8 if they want to reclaim possession for these tenancies
For Existing Tenancies:
- From this date, all Assured Shorthold Tenancy Agreements will automatically convert to the new periodic tenancy arrangement
- From this time, Section 21 abolished for all residential tenancies in England
How To Handle The Transition Phase
Before the abolition of Section 21 becomes legal, landlords are still able to serve a Section 21 Notice on existing tenancies. Any new tenancies after the 1 May, when the Act becomes law, cannot be ended using Section 21 Notices.
In terms of changes to be aware of in the meantime, it’s important to understand the imminent changes and their likely impact.
For example, landlords have 6 months from the date a Section 21 Notice is served to apply to the court for a possession order at the moment. If this is served before the 1 May, the deadline for applying to the court becomes one of 2 options, whichever is the earlier date:
- 6 months from the date the Notice was served
- 3 months from the 1 May
If a landlord misses the deadline for applying for a possession order under a Section 21 Notice, the Notice becomes legally invalid.
What Should Landlords Do Before The 1 May?
It’s a good idea to use this transition phase to review your properties and if there are properties you want to regain possession of, it’s advisable to do so using Section 21 Notices before the 1 May.
Helping You With Your Property Portfolio
Our property specialists are here to advise and guide you about Section 21, its cut-off date and the steps you should take during the transition phase.
To speak to us about your residential properties and possible eviction of tenants using Section 21 Notices, you can contact us at our Chorlton office on 0161 860 7123 or email chorlton@hlfberry.com or at our Failsworth office on 0161 681 4005 or email failsworth@hlfberry.com and we will be happy to help.
