What are Section 21 evictions and why are they being abolished

Sometimes landlords have reasons to ask tenants to leave their property - perhaps because they want to sell it, move into it, or, on rare occasions, because there is a problem.

Under the forthcoming Renter's Rights Bill changes are set to be introduced, with the notable abolition of Section 21 evictions (sometimes referred to as 'no-fault' evictions). These changes are expected to come into place between October 2025 and January 2026.

In this article we look at what Section 21 evictions are, why they are being abolished, and what landlords need to do instead if they want a tenant to leave.

Read our complete landlord's introductory guide to the Renters’ Rights Bill - here

What are Section 21 evictions?

Introduced by the Housing Act 1988, Section 21 allows landlords to repossess a property without giving a reason, either:

● After a fixed term tenancy ends - if there’s a written contract

● During a tenancy with no fixed end date - known as a ‘periodic’ tenancy

To date, this has meant that landlords can give tenants two months notice at largely any point, which is easier and quicker than giving a Section 8 notice (which we will come to in a moment). However, because a minority have used Section 21 unethically, the rules are being tightened in order to give tenants more security.

Why is Section 21 controversial?

Section 21 has been a point of contention because many believe it creates housing instability amongst tenants, which can negatively impact wellbeing. Some believe it's meant that tenants avoid making legitimate complaints about inadequate housing for fear of so-called 'revenge evictions'. In addition, there's some evidence that it can be a contributor towards homelessness in the UK. For example, according to Shelter, in 2024 government data showed that "2,830 households in England were removed from their homes by bailiffs as a result of a Section 21 no-fault eviction between July and September – up 23% in a year."

What's changing about Section 21 evictions?

The Renters’ Rights Bill will bring an end to Section 21 evictions, with a view to giving tenants greater stability and security. The purpose of this isn't to make things difficult for property owners, but to prevent bad practices amongst a minority of landlords.

Instead, landlords will need to use a Section 8 notice to ask tenants to leave. Section 8 of the Housing Act gives specific reasons for issuing an eviction notice, distinct from Section 21, under which you don't need a reason.

In addition to the Section 21 and Section 8 specifics, the Renters’ Rights Bill will introduce other enhanced protections for tenants to give them a greater sense of security. In particular, this includes a protected period at the start of their tenancy. Tenants will now have a 12-month protected period at the start of their tenancy, where landlords can't evict them, even if they intend to move back in or sell the property.

Section 8 grounds for eviction

Under Section 8, landlords can seek to repossess the property on either mandatory or discretionary grounds. Both categories can include things like ongoing rental arrears, antisocial behaviour, owner occupation, redevelopment, holiday lets, and mortgage repossession. Those grounds will be updated as part of the Bill, and notice periods are being adjusted. Each ground will have a set notice, varying from four weeks to four months. Where tenants fail to vacate at the expiration of the notice provided under Section 8, landlords will need to seek a court order to evict a tenant.

Grounds for eviction can include:

Repossession for sale

Landlords can regain possession if they wish to sell the property, but they won't be able to use this ground until the eighth month of a tenancy. It’s worth noting that if you evict a tenant with a view to selling your property, but then find that you are unable to sell it or you change your mind, you are not allowed to market it to re-let (including Airbnb), for at least 12 months from the point of serving the eviction notice.

Landlord occupation

Landlords or their close family members will be able to move into the property, but not during the first 12 months of a new tenancy.

Rental arrears

The threshold for mandatory eviction due to rental arrears will increase from two to three months, with the notice period extended from two to four weeks.

Antisocial behaviour

Landlords can issue a Section 8 notice on the grounds of antisocial behaviour. For example, that might be behaviour considered a nuisance to neighbours, illegal activities such as drug dealing, threatening or abusive behaviour, or causing damage to the property or neighbouring properties.

Breach of the tenancy agreement

A breach of the tenancy agreement can be a number of things, ranging from damaging the property to subletting without permission or antisocial behaviour.

Property damage

Landlords can issue a Section 8 notice if tenants are causing damage to the property intentionally or as a result of neglect.

Section 8 eviction process

The Section 8 eviction process is lengthier than Section 21, which is why it has not historically been favoured. However, that is in order to try to make the process fair and reasonable.

● Firstly, you need to issue a written Section 8 notice using a Tenancy Form 3 or a letter with the same information. This must include the grounds for eviction, and the date by which the tenant needs to leave.

● The notice period can range from two weeks to two months in line with the grounds for eviction.

● The Section 8 notice is valid for a year from when it's served.

● If the tenant does not leave by the specified date then you can apply for a court order to evict a tenant.

● Tenants can appeal a Section 8 eviction notice if they think the grounds are invalid or there are errors in the notice itself.

Top tips for landlords

It's important for landlords to know where they stand when it comes to eviction processes from the start of any tenancy agreement. Hopefully they will never be required, but by having everything in place you can help to ensure a better relationship with your tenant and a positive experience letting your property. At Chestertons we have an experienced team who will make sure everything is as it should be before you let your property and during any tenancies, managing all communications on your behalf if you would like. However, some top tips for landlords include:

● Make sure you and your tenants understand the latest legislation and that your tenancy agreements reflect those changes.

● Make sure you keep copies of communications and documentation, give tenants plenty of notice, and try to foster positive lines of open communication early on, whether it's directly or through a letting agent you trust.

Chestertons is the premier London lettings and estate agency with more than 200 years’ experience and a team of experts offering a range of services from a full-time compliance department to valuations and management, for both long- and short-term lets. If you would like to find out more about working with Chestertons contact your local Chestertons letting agent at any time.

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