The Renters’ Rights Act: the scrapping of no-fault evictions

Significantly, the old Section 21 ‘no-fault’ evictions will be scrapped in favour of stricter Section 8 rules. Read on for a Q&A on what landlords and tenants need to know about the upcoming change.

Why is Section 21 being abolished by the government?

During Parliament’s discussion of the bill, Section 21 of the Housing Act 1988 was hotly contested. After all, it’s massively helpful to landlords but causes real anxiety for tenants.

Under the current system, landlords can use a Section 21 ‘no fault’ eviction notice or a Section 8, where specified grounds are needed. A Section 21 notice can be served after four months, but can’t expire before the end of a fixed term. It can, however, be served at any time during a periodic tenancy. People have a minimum of two months to leave, after which time the landlord can use a court possession order.

For the tenant, this means an unpredictable home life. While many landlords treat their tenants well, a minority may use the threat of Section 21 to stop people from asking for better living conditions. More generally, tenants might worry about not being able to guarantee a decent home for their family.

What’s Section 21 being replaced with?

The government is strengthening the grounds for possession under Section 8. From May 2026, landlords will need to use a Section 8 notice that gives one or more valid reasons why the tenant must leave the property. For example:

• The landlord wants to move into the property
• The landlord wishes to sell the property
• The tenant doesn’t pay their rent
• The tenant is guilty of anti-social behaviour

When the tenants are not at fault, some minimum notice periods will be longer to allow them more time to look for a new home. For instance, if the landlord wants to move into the property, the tenants have at least four months.

If the tenant refuses to leave, the landlord can no longer issue an accelerated possession order. Instead, they must go through a court hearing and provide evidence that the legal grounds apply. For example, if they want to sell the property, they could show they have instructed an estate agent and a solicitor.

Is this change being gradually phased in?

No, Section 21 will be abolished in just one phase. The updated tenancy system will then apply to all new and existing private tenancies.

Existing tenancies will be converted to periodic ones. This means they will only end if the tenant wants to leave or if the landlord has valid grounds for a Section 8 notice. 

What does this mean for landlords and tenants?

The idea is that the legislation is simpler for everyone to understand. There will be detailed guidance on the grounds for eviction (see Table 1 on this page).

Some people in the industry fear long delays for court hearings. The government aims for fewer landlords to require court hearings, thanks to clearer rules. For the hearings that do go ahead, the government plans to introduce a faster, digital court process.

Final thoughts

Keep an eye on the Winkworth blog for further dates on the Renters’ Rights Act. We’ll be sharing insights and advice on how private landlords and tenants can prepare for the new system.