Section 21 of the Housing Act 1988 — the so-called "no-fault eviction" — is being abolished under the Renters' Rights Act. From the date the Act comes into force, letting agents will no longer be able to serve Section 21 notices. This is one of the most significant changes to landlord and tenant law in decades.
What is Section 21?
Section 21 currently allows landlords to regain possession of their property at the end of a fixed-term tenancy, or during a periodic tenancy with two months' notice, without needing to give a reason. It has been widely used by letting agents as a straightforward way to end tenancies when landlords wish to sell, refurbish, or simply change tenants.
What Replaces Section 21?
Under the Renters' Rights Act, all evictions must be based on specific grounds under Section 8 of the Housing Act 1988. The Act introduces several new mandatory grounds, including:
Ground 1A: Landlord wishes to sell the property. The landlord must provide evidence of a genuine intention to sell. The property cannot be re-let for at least 12 months after the tenancy ends.
Ground 1B: Landlord or close family member wishes to move in. The landlord must provide evidence of genuine intention. The property cannot be re-let for at least 12 months.
Ground 6A: Significant redevelopment required. The landlord must demonstrate that the works cannot be carried out with the tenant in occupation.
Action Plan for Letting Agents
Step 1: Audit All Existing Section 21 Notices
Review all Section 21 notices currently in progress. Any notice that has not been acted upon when the Act comes into force will become void. You will need to decide whether to pursue possession before the Act comes into force or transition to Section 8 grounds.
Step 2: Update Your Procedures
Remove Section 21 from all your standard procedures, templates, and training materials. Replace with the new Section 8 grounds procedure.
Step 3: Train Your Staff
All staff who handle tenancy management must understand the new grounds and procedures. This includes front-line negotiators, property managers, and compliance staff.
Step 4: Update Your Tenancy Agreements
Your standard tenancy agreements must be updated to reflect the new tenancy structure. Fixed-term clauses must be removed or amended. The new periodic tenancy structure must be clearly explained to tenants.
Step 5: Communicate with Landlords
Your landlord clients need to understand that Section 21 is being abolished and what this means for their portfolio. Proactive communication now will prevent difficult conversations later.
How RentersComply Helps
RentersComply's Section 21 Abolition Toolkit guides you through every step of the transition. It includes updated tenancy agreement templates, staff training materials, landlord communication templates, and a step-by-step procedure for the new Section 8 grounds.