Possession & Section 21

Under the Housing Act 1988, landlords have been able to issue​ a Section 21 notice to evict a tenant without providing a reason. This is known as a "no-fault" eviction, and is often used when a landlord wishes to sell the property or move in themselves.

The Renters’ Rights Bill will see the abolition of Section 21, meaning that landlords can still regain possession of a property for a range of reasons, including the above, but the process will now require them to state specific grounds for possession.

What you need to know

  • Section 21 is being abolished—no more “no-fault” evictions.
  • Landlords must use specific legal grounds to regain possession.
  • New protections ensure possession claims are fair and evidence-based.
  • Preparation and documentation are essential for compliance.

Under the new rules

  • Section 21 will be abolished entirely.
  • Landlords will now have to provide a valid and legally defined reason to evict.
  • Certain grounds for possession cannot be used during the first 12 months of a new tenancy.

Grounds for possession will include

  • Selling the property: Landlords can regain possession if they intend to sell. This will require 4 months' notice and cannot be used for the first 12 months of a tenancy.  
  • Moving in: Landlords or close family members can reclaim the property for personal use. This will require 4 months' notice and cannot be used for the first 12 months of a tenancy. 
  • Tenant fault: Grounds such as rent arrears, anti-social behaviour, or breach of tenancy remain valid, and landlords will be able to give shorter notice periods for these.
  • Repeated serious arrears: A new ground allows possession for tenants who are persistently in rent arrears. This will require 4 weeks' notice.

What this means

  • Landlords cannot use the intention to sell ground within the first twelve months of a tenancy.
  • If a landlord regains possession on the basis of selling or moving in, they cannot re-let the property for twelve months.
  • Tenants will have the right to challenge possession claims in court, and judges will assess whether the grounds are met.

To prepare for the changes

  • Familiarise yourself with the new eviction grounds and associated notice periods.
  • Keep detailed records—especially if planning to sell, move in, or claim tenant breach.
  • Review tenancy agreements to ensure they align with the new legal framework.

Got a question about your rental property?

If you have any questions for our team about the Renters' Rights Bill and what it means for you as a landlord, please contact your nearest lettings branch or fill in your details below and we'll get back to you. 

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