Section 21 Evictions Are Being Abolished: What Tenants Need to Know

For decades, Section 21 of the Housing Act 1988 allowed landlords to evict tenants without giving any reason. No fault, no explanation — just two months' notice and you're out. It was the single biggest source of insecurity for private renters in England.

The Renters' Rights Act 2025 abolishes it entirely.

Here's what the change means, when it applies, and what tenants and landlords should know.

What Was Section 21?

A Section 21 notice was a legal document that allowed a landlord to end an assured shorthold tenancy without providing any reason, as long as:

• The fixed term had ended (or the tenancy was periodic)
• The landlord gave at least two months' written notice
• The deposit was properly protected
• An energy performance certificate, gas safety certificate, and the government's How to Rent guide had been provided

If the tenant didn't leave, the landlord could apply to court for a possession order — and courts were required to grant it.

Because no reason was required, Section 21 was widely used to evict tenants who complained about repairs, exercised legal rights, or simply became inconvenient.

What the Renters' Rights Act Changes

The Renters' Rights Act 2025 abolishes Section 21 entirely for all assured shorthold tenancies in England. From the date the provisions come into force, landlords will no longer be able to issue a no-fault eviction notice.

All existing fixed-term tenancies will convert to periodic tenancies. There will be no more fixed-term assured shorthold tenancies going forward — all new tenancies will be periodic from the start.

So How Can Landlords Evict Tenants Now?

Landlords can still end a tenancy, but only on specific grounds set out in the Act. These are expanded versions of the existing Section 8 grounds. Key grounds include:

Mandatory grounds (court must order possession):

• Ground 8: Rent arrears of at least two months (increased from the previous threshold in some cases)
• Ground 1A (new): The landlord wants to sell the property (requires four months' notice, cannot be used in the first 12 months of a tenancy)
• Ground 1 (revised): The landlord or a close family member wants to move in (requires four months' notice, cannot be used in the first 12 months)
• Ground 7A: Anti-social behaviour involving a criminal conviction or court injunction

Discretionary grounds (court decides):

• Persistent rent arrears (even if below two months)
• Breach of tenancy terms
• Deterioration of the property through tenant neglect

The 12-Month Protection

One of the most significant new protections is that landlords cannot use the "selling" or "moving in" grounds during the first 12 months of a tenancy. This prevents landlords from offering short tenancies under false pretences.

If a landlord evicts using the selling ground and does not actually sell within three months, the tenant may have a right to compensation.

What About Rent Increases?

The Act also reforms rent increases. Landlords can only increase rent once per year and must use the new process:

1. Issue a formal rent increase notice (Section 13 notice)
2. Give two months' notice of the increase
3. The increase must reflect the open market rent

Tenants can challenge the proposed rent at the First-tier Tribunal if they believe it is above the market rate. The tribunal will set the market rent — it cannot increase the rent above what was proposed.

Importantly, the Act also bans rental bidding wars. Landlords and agents cannot invite or accept offers above the advertised asking rent.

Your Rights If You Receive an Eviction Notice

If your landlord serves a possession notice after the Act comes fully into force:

1. Check the ground being used — it must be one of the valid statutory grounds
2. Check the notice period — varies by ground (typically two to four months)
3. Do not leave early unless you want to. A notice is not a court order
4. If you receive a court claim, respond to it and consider seeking advice — courts can only grant possession if the ground is made out
5. Keep records of any repairs you've reported, in case your landlord is retaliating

Retaliatory Eviction Protections

The Act strengthens protections against retaliatory eviction. If you have complained to your landlord or local authority about a repair issue, and your landlord then attempts to evict you, the court must consider whether this is retaliatory and can refuse possession on that basis.

A Genuinely Significant Change

The abolition of Section 21 is the most significant reform to private renting in England in 30 years. It does not make it impossible for landlords to recover their property — but it does mean they must have a reason.

For tenants, it means security of tenure for the first time in the modern private rented sector. As long as you pay your rent, maintain the property, and comply with your tenancy terms, you cannot be evicted simply because your landlord decides they want to.

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Has your landlord served an eviction notice? Upload it to fairead for a plain-English breakdown of whether the notice is valid, which ground is being used, and what your options are.