The Renters’ Rights Act: The End of Section 21

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The removal of Section 21 is one of the most consequential changes introduced by the Renters’ Rights Act. Unlike some other reforms, this change has very real operational and commercial implications for landlords.

Under the new framework, landlords can only regain possession using Section 8 grounds. That represents a clear shift in risk, process and expectation - and it’s important landlords understand what this means in practice.

This article explains how possession now works, what landlords must rely on, and the knock-on impact where possession is disputed.

What’s changing?

Under the Renters’ Rights Act:

• Section 21 ("no fault" possession) is abolished
• Landlords can no longer regain possession simply by serving notice
• All possession claims must be made using Section 8 grounds
• Possession is now entirely reason-based

This marks a move away from "no fault" based possession towards a framework built on justification, evidence and process.

Why is that important?

Research indicates that historically landlords overwhelmingly favoured Section 21 notices over Section 8, with around 70 % choosing Section 21 in situations where possession was needed. Other data suggests that a much larger share of eviction notices issued were Section 21 compared with Section 8.

One reason for this was that Section 21 allowed landlords to regain possession without needing to prove a breach, even where issues such as arrears or behavioural problems existed - making Section 21 a more straightforward, lower-risk route in practice than Section 8.

What does it mean to rely on Section 8?

Section 8 has always existed, but under the Renters’ Rights Act it becomes the only route for landlords to regain possession.

In practical terms, this means:

• A landlord must identify a specific legal ground for possession
• The correct notice must be served for that ground
• The landlord must be able to evidence the reason if challenged

Common Section 8 grounds include (not exhaustive):

• Selling the property
• The landlord or a close family member moving back in
• Serious rent arrears
• Repeated late payment of rent
• Breach of tenancy conditions

Some grounds are mandatory if proven, while others are discretionary, meaning the court will decide whether possession is reasonable.

What happens if possession is disputed?

Where a tenant does not leave voluntarily, landlords should expect that possession may involve court proceedings.

Under the new framework:

• Courts will scrutinise the validity of the ground relied upon
• Evidence and documentation become critical
• Poor record‑keeping or procedural errors can delay or prevent possession

This is a significant change for landlords who previously relied on Section 21 as a relatively predictable backstop.

Does this increase risk for landlords?

In short, yes - it does introduce additional risk.

The risk does not come from losing the right to regain possession, but from:

• Increased reliance on evidence and correct process
• Greater likelihood of possession being challenged
• Potential delays where court involvement is required

Landlords who operate informally, reactively or with weak documentation are more exposed under the new system.

Conversely, landlords who take a professional, structured approach - with good tenant selection, clear records and early intervention - are better positioned to manage that risk.

What should landlords be doing now?

With possession now relying entirely on Section 8 grounds, overall compliance plays a far more critical role than it did previously.

Even where a landlord has a valid reason for possession, failures elsewhere in property management can delay or jeopardise a claim, particularly if the case reaches court.

Landlords should therefore be focusing on ensuring that every aspect of their property management is compliant with the new framework, including:

• Full compliance with safety and legal requirements (gas safety, electrical safety, EPCs, deposit protection)
• Accurate and up-to-date tenancy documentation
• Clear records of rent payments, arrears and communication
• Proper handling and documentation of maintenance issues
• Acting promptly and proportionately when problems arise

Courts are increasingly likely to look at the overall conduct of the landlord, not just the specific possession ground being relied upon. Poor compliance or weak records can undermine an otherwise valid claim.

For many landlords, this marks a shift from reactive management to a more structured, evidence-led approach — and working with a managing agent who understands the new regulatory environment can significantly reduce risk.

Final thoughts

For many landlords, Section 21 was not primarily used to remove good tenants without cause, but as a practical and lower-risk way of dealing with situations where tenants were already in breach of contract - such as rent arrears, persistent late payment or ongoing issues - but where a Section 8 route felt slower, more complex or uncertain.

The removal of Section 21 therefore has a real impact on how landlords can approach difficult or deteriorating tenancies. Issues that might previously have been resolved quickly will now require earlier intervention, stronger documentation and a greater willingness to follow a formal process.

This doesn’t mean landlords are left without options, but it does mean that possession no longer has a procedural shortcut. The balance has shifted towards evidence, compliance and proportionality, and landlords who adapt their approach accordingly will be far better placed to protect their position.

Understanding this shift, and adjusting how problems are managed long before possession becomes necessary, will be critical under the new framework.

If you need support or advice in preparing for the removal of section 21 our team is always happy to help.

Coming up next

In Part 4, we look at rent reviews and rent increases under the Renters’ Rights Act, including how often rents can be increased and how disputes may be handled.

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