Possession & Section 21

Under the Housing Act 1988, landlords have historically been able to use Section 21 to end a tenancy without giving a reason. These “no‑fault” evictions were commonly used when a landlord wished to sell a property or move in themselves.

The Renters’ Rights Act abolishes Section 21 entirely. Landlords can still regain possession, but they must now rely on specific legal grounds and provide the required notice period for each ground.

What you need to know

  • Section 21 is being abolished—no more “no-fault” evictions.
  • Landlords must use specific legal grounds to regain possession.
  • New protections ensure possession claims are fair and evidence-based.
  • Preparation and documentation are essential for compliance.

Under the new rules

  • Section 21 will be abolished entirely.
  • Landlords will now have to provide a valid and legally defined reason to evict.
  • Certain grounds for possession cannot be used during the first 12 months of a new tenancy.

Grounds for possession will include

  • Selling the property: Landlords can regain possession if they intend to sell. This will require 4 months' notice and cannot be used for the first 12 months of a tenancy.  
  • Moving in: Landlords or close family members can reclaim the property for personal use. This will require 4 months' notice and cannot be used for the first 12 months of a tenancy. 
  • Tenant fault: Grounds such as rent arrears, anti-social behaviour, or breach of tenancy remain valid, and landlords will be able to give shorter notice periods for these.
  • Repeated serious arrears: A new ground allows possession for tenants who are persistently in rent arrears. This will require 4 weeks' notice.

What this means

  • Landlords cannot use the intention to sell ground within the first twelve months of a tenancy.
  • If a landlord regains possession on the basis of selling or moving in, they cannot re-let the property for twelve months.
  • Tenants will have the right to challenge possession claims in court, and judges will assess whether the grounds are met.

To prepare for the changes

  • Familiarise yourself with the new eviction grounds and associated notice periods.
  • Keep detailed records—especially if planning to sell, move in, or claim tenant breach.
  • Review tenancy agreements to ensure they align with the new legal framework.

Got a question about your rental property?

If you have any questions for our team about the Renters' Rights Act and what it means for you as a landlord, please contact your nearest lettings branch or fill in your details below and we'll get back to you. 

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