The End of Section 21: What Landlords and Tenants Should Expect

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’s Renters’ Rights Bill (“the Bill”) 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.

Before we look ahead, it’s vital to be clear about today’s 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’ 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.

Where we are now: how Section 21 works (current law)

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:

• Minimum notice: at least two months.
• Earliest service: not within the first 4 months of the tenancy.
• Generally need to issue proceedings within 6 months of service (or 4 months of the notice expiry where a longer notice is required).
• Deposit: protect the deposit and serve the prescribed information.
• Documents: serve a valid gas safety certificate, EPC, and the current How to Rent guide (at the start/ renewal, per the 2015 Regulations). Courts can still accept a late gas safety certificate provided it’s given before the Section 21 notice (see Trecarrel House).
• Licensing: hold any required licence.

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.

Why Section 21 is being abolished

 The policy driver is security of tenure: to remove the threat of arbitrary “no-fault” eviction, empower tenants to challenge poor practice, and modernise renting standards. The Government’s guide confirms the Bill abolishes Section 21 and replaces fixed terms with a single periodic system.

What replaces Section 21 under the Renter’s Rights Bill

• One system of periodic tenancies: all assured tenancies will be periodic. Tenants can end the tenancy by giving two months’ notice and landlords must rely on Section 8 grounds to recover possession. The Government intends to implement this in one stage, rather than phasing.
• Expanded and clarified Section 8 grounds: the bill keeps a grounds-based approach (mandatory and discretionary), but updates and expands it. Key proposals include:

1. Landlord selling/ moving in: express grounds to recover possession to sell or for the landlord (or close family) to move in. There is a 12-month protected period at the start of a tenancy where these grounds cannot be used, and landlords must give four months’ notice when relying on them.
2. Serious rent arrears (ground 8): threshold increased to three months’ arrears and the notice period for arrears grounds extended to four weeks.
3. Repeated arrears: a new mandatory ground for tenants who have been two months in arrears on three separate occasions within three years, even if cleared by the hearing.
4. Back-door evictions: safeguards against using above-market rent increases to force tenants out, with Tribunal oversight

• Wider reforms alongside possession: the Bill also introduces a PRS Ombudsman, a Private Rented Sector Database, restrictions on rental bidding, strengthened Decent Homes obligations, and pet requests that cannot be unreasonably refused (with permitted pet-damage insurance).

Please note these measures are not yet in force and final detail could still shift before Royal Assent and commencement.

Timetable: When will Section 21 actually end?

21 July 2025: Bill completed Lords Third Reading

Early September 2025: Returns to Commons for consideration of Lords’ amendments

Royal Assent: Widely expected Autumn 2025 (not confirmed)

Commencement: Single start expected in early 2026 (Government indicates one-stage implementation, but has not set the date)

Until commencement, landlords can still rely on Section 21 provided all requirements are met.

What this means in practice

For Landlords

• No more Section 21: plan to proceed under Section 8. The accelerated Section 21 route will fall away and most claims will run on the standard track with evidence and (usually) a hearing.
• New sale/ move-in route: if you intend to sell or move in, the Bill provides grounds for this, but only after 12 months, and with four months’ notice. Build timelines around those constraints.
• Arrears strategy: ensure ledgers are meticulous. The higher Ground 8 threshold (3 months) and repeated-arrears ground will shape case selection and timing.
• Compliance: expect sharper scrutiny of licensing and documents once live.

For Tenants

• Greater security: a default periodic tenancy and the end of “no-fault” eviction.
• Notice and safeguards: more time where landlords seek possession to sell or move in. Ability to challenge excessive rent increases intended to force an exit.
• Possession remains possible: serious or persistent rent arrears, anti-social behaviour and other grounds can still justify eviction.

Practical steps to take now

Landlords

1. Audit paperwork on every AST: deposit compliance, gas safety, EPC, How to Rent Guide, licences. Defects derail Section 21 under current legislation, and weaken credibility under Section 8.
2. Plan disposals: if selling, map the likely 12-month protected period and four-month notice into your timeline.
3. Arrears protocols: move early on arrears, document thoroughly, and calibrate claims to the 3-month threshold/ new repeated-arrears ground.
4. Expect more contested possession work: organise evidence, inspection records, and repair logs.

Tenants

1. Keep records: report repair issues in writing and keep a paper trail.
2. Know the clock: if you receive Section 21 before commencement, the current rules on notice, timing and defences still apply. Seek advice promptly.
3. Budget: arrears will remain a strong ground post-reform. Get support early if you’re struggling.

Frequently asked questions

Is Section 21 already gone?

No, it remains in force today. Abolition happens on the Bill’s commencement date, which has not yet been set.

Will there be a quick route to possession?

The accelerated route is specific to Section 21. After abolition, expect the standard possession path under Section 8 (evidence-based, usually with a hearing).

Can landlords still regain possession to sell or move in?

Yes, via new grounds with guardrails: no use in the first 12 months and four months’ notice required.

What changes for rent arrears?

Mandatory Ground 8 moves to three months’ arrears. Notice is four weeks, and there is a new repeated-arrears ground (mandatory) in defined circumstances. Final wording will be confirmed at commencement.

Our View

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.

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.

Landlord and Tenant Matters: Contact Us

Ben Lewis is an associate solicitor in RFB’s litigation department. For inquiries on this topic, please contact Ben Lewis via email at B.Lewis@rfblegal.co.uk or by phone on 0203 947 8892.