Section 21 Is Ending – What Landlords Need to Know Now
After years of debate, the end of Section 21 is finally here. Often dubbed the "no-fault eviction," Section 21 has long been a mechanism for landlords to regain possession of their property without having to give a reason. That’s about to change. Under the Renters’ Rights Bill, Section 21 will be abolished. Let’s look at what this change means..
Under the Renters’ Rights Bill, Section 21 will be abolished, and with it, the ability to evict tenants without specific grounds. It’s a fundamental shift - and one that will reshape how landlords manage risk, resolve issues, and plan for the future.
Let’s walk through what this change means, how it will work, and what landlords and letting agents can do to prepare.
What Is Section 21—and Why Is It Being Scrapped?
Section 21 of the Housing Act 1988 allows landlords in England to end an assured shorthold tenancy with two months' notice, once the fixed term has ended, and without giving a reason.
The government argues that this has created too much instability for tenants, fuelling housing insecurity and making it harder for families to plan long term.
The Renters’ Rights Bill seeks to rebalance that dynamic by replacing fixed-term tenancies with open-ended ones and scrapping Section 21 altogether. From the government’s perspective, it’s about putting down roots - not packing up after a few weeks.
What Will Replace Section 21?
The short answer: strengthened Section 8 grounds for possession.
Landlords will still be able to regain possession - but only for specific, legally defined reasons. These include:
- Wanting to sell the property
- Moving in or having a close family member move in
- Persistent rent arrears
- Anti-social behaviour
- Breach of tenancy terms
The notice periods for these will vary, and the rules around evidence, timelines, and court processes are being tightened to protect both sides.
In short: you can still take back your property, but you’ll need a valid reason and a clear paper trail.
What Does This Mean for Landlords?
The removal of Section 21 will require a mindset shift. No longer can landlords rely on a blanket two-month notice. Instead, property management will need to be more proactive, documented, and defensible.Key impacts include:
Complete reliance on Section 8 – you’ll need to know the legal grounds inside out.
Greater focus on compliance – poor record-keeping or grey areas could jeopardise possession claims.
Longer timelines – expect more court involvement and delays unless issues are well-evidenced.
For accidental landlords or those self-managing, this could feel daunting. But for landlords working with proactive agents who handle notices, documentation, and tenant relations carefully, it’s all very manageable.
How Will Possession Work Without Section 21?
The only legal route to regain possession of a rental property will be Section 8 - which requires landlords to prove a valid ground for eviction. These are split into:
Mandatory Grounds (the court must grant possession if proven):
e.g. selling the property, moving in yourself or a family member, serious rent arrears.
Discretionary Grounds (the court may grant possession, even if proven):
e.g. antisocial behaviour, consistent late rent, property damage.
You’ll need to prove your ground for possession with clear documentation - e.g. listing the property for sale, proof of arrears, or formal complaints for antisocial behaviour. Landlords can’t just say, “I’m moving back in” without showing real intent.
Unlike Section 21 (which was often quicker and didn’t need a court hearing), Section 8 cases will require court proceedings. Expect more paperwork, possible delays and greater scrutiny from judges.
What Are the Risks of Getting It Wrong?
With Section 21 gone, any error in handling your tenancy could have consequences:
- Serving the wrong notice
- Missing documentation
- Failing to prove compliance with things like deposit protection or prescribed information
All of these could invalidate your notice or delay possession. That’s why audit trails matter more than ever. From gas safety records to communication logs, keeping clean records will make all the difference.
Will the End of Section 21 Affect Rents or Supply?
The change has already started to push some landlords out of the market - especially those managing properties themselves or operating on tighter margins.
There’s concern that reduced flexibility might lead to higher rents to offset risk and fewer rental properties as landlords sell up.
But this also presents an opportunity for professional landlords and agents to lead the way. If others step back, there’s space for you to step forward - offering well-run, compliant homes in a market that desperately needs them.
What Does This Mean for Letting Agents?
With more complexity comes more value in having a knowledgeable, trusted agent. The agent's role will shift from ‘middleman’ to compliance partner and strategic advisor. Here’s what we can do to help:
- Guide landlords through possession procedures
- Build bulletproof audit trails
- Stay up to date on notice periods and evolving legislation
- Help manage difficult tenancies and mediate early
Landlords who once thought they could ‘go it alone’ may now be rethinking—and looking for support.
How Can Landlords Prepare for the End of Section 21?
We suggest five practical steps:
- Review your current tenancies – Know where you stand. Are there issues that need addressing before Section 21 is off the table?
- Tighten your record-keeping – Every inspection, every repair, every rent reminder. Document it.
- Understand Section 8 – Get familiar with the grounds for possession and how they apply to your properties.
- Work with the right agent – If you’re not already working with one, now’s the time. The right partner will keep you compliant and protected.
- Consider Rent Guarantee Insurance – With longer notice periods and potential delays, cashflow matters. Insurance can give you vital peace of mind.
Final Thoughts
The end of Section 21 isn’t the end of your rights as a landlord - it’s the beginning of a more professional, more structured approach to possession and tenant relationships.
At Cope & Co., we’re already helping landlords prepare for what’s coming. From rent protection to legal notices, from tenant vetting to day-to-day management, we’re on your side, every step of the way.
If you’re worried about how these changes affect your properties, or just want to make sure you’re doing things by the book, let’s talk.
Because in this new rental landscape, preparation isn’t optional - it’s essential.
