For over three decades, Section 21 of the Housing Act 1988 has allowed landlords of assured shorthold tenancies (ASTs) to recover possession without proving tenant fault. The landscape is about to change. The Government\u2019s Renters\u2019 Rights Bill (\u201cthe Bill\u201d) is in its final parliamentary stages and, once commenced, will abolish Section 21 and move the sector to a single system of periodic tenancies with strengthened possession grounds under Section 8.<\/p>\n\n\n\n
Before we look ahead, it\u2019s vital to be clear about today\u2019s law. As at 22 August 2025, Section 21 remains in force. The Bill completed its House of Lords Third Reading on 21 July 2025 and will return to the House of Commons for consideration of Lords\u2019 amendments after summer recess in early September. Royal Assent is widely expected this autumn, with commencement likely in early 2026, but the exact start date has not yet been set.<\/p>\n\n\n\n
A valid Section 21 notice (Form 6A) still gives a landlord a paperwork-led route to possession, often via the accelerated procedure (no hearing unless directed). To be valid, landlords must meet a checklist of statutory pre-conditions and time limits, including:<\/p>\n\n\n\n
On the accelerated track, a hearing only occurs if the judge directs one; otherwise the claim is determined on the papers. If landlords also seek rent arrears, they must use the standard route.<\/p>\n\n\n\n
The policy driver is security of tenure: to remove the threat of arbitrary \u201cno-fault\u201d eviction, empower tenants to challenge poor practice, and modernise renting standards. The Government\u2019s guide confirms the Bill abolishes Section 21 and replaces fixed terms with a single periodic system.<\/p>\n\n\n\n
Please note these measures are not yet in force and final detail could still shift before Royal Assent and commencement.<\/p>\n\n\n\n
21 July 2025: Bill completed Lords Third Reading<\/p>\n\n\n\n
Early September 2025: Returns to Commons for consideration of Lords\u2019 amendments<\/p>\n\n\n\n
Royal Assent: Widely expected Autumn 2025 (not confirmed)<\/p>\n\n\n\n
Commencement: Single start expected in early 2026 (Government indicates one-stage implementation, but has not set the date)<\/p>\n\n\n\n
Until commencement, landlords can still rely on Section 21 provided all requirements are met.<\/p>\n\n\n\n
No, it remains in force today. Abolition happens on the Bill\u2019s commencement date, which has not yet been set.<\/p>\n\n\n\n
The accelerated route is specific to Section 21. After abolition, expect the standard possession path under Section 8 (evidence-based, usually with a hearing).<\/p>\n\n\n\n
Yes, via new grounds with guardrails: no use in the first 12 months and four months\u2019 notice required.<\/p>\n\n\n\n
Mandatory Ground 8 moves to three months\u2019 arrears. Notice is four weeks, and there is a new repeated-arrears ground (mandatory) in defined circumstances. Final wording will be confirmed at commencement.<\/p>\n\n\n\n
Abolition of Section 21 is a structural reset. For landlords, success will turn on compliance and evidence under Section 8, particularly for arrears and sale\/ move-in grounds. For tenants, the reforms offer greater stability but do not remove the prospect of eviction where grounds are made out.<\/p>\n\n\n\n
At Ronald Fletcher Baker, our Property Litigation team advises both landlords and tenants through possession strategy, now (under Section 21\/ Section 8) and post-commencement. If you need to plan a sale, defend a claim or re-shape your arrears processes ahead of the change, we can help you get it right.<\/p>\n\n\n\n