The end of no-fault evictions: what landlords and tenants need to know

Shilpa Mathuradas

The Renters’ Rights Act 2025 has ended section 21

The Renters’ Rights Act 2025 came into force on 1 May 2026. Section 21 “no-fault” evictions have been abolished. Landlords can no longer recover possession of a property simply because the fixed term has ended; they must rely on one of the statutory grounds under section 8 of the Housing Act 1988.

This article explains what section 21 was, why it has gone, and what the change means in practice for landlords and tenants.

For the full overview of the new regime, see our guide to the Renters’ Rights Act 2025. For the transitional rules on section 21 notices served before 1 May 2026, see our guide to the section 21 abolition deadlines.

What was a section 21 no-fault eviction?

Section 21 of the Housing Act 1988 allowed landlords to recover possession of a property let on an assured shorthold tenancy without needing to give a reason, once the fixed term had ended or during a periodic tenancy.

To use section 21, the landlord had to give the tenant at least two months’ written notice and follow a strict set of procedural rules, including protecting the deposit and providing prescribed information at the start of the tenancy. Get any of it wrong and the notice was invalid.

It was called “no-fault” eviction because the landlord did not have to prove the tenant had done anything wrong. That feature made it fast and popular, and also made it controversial.

Why has section 21 been abolished?

Section 21 was criticised for tilting the balance of power too far towards landlords. Tenants had very little ability to resist a section 21 eviction unless there was a procedural error. Campaigners argued that the threat of no-fault eviction made it harder for tenants to challenge poor conditions or unfair rent rises.

Successive governments committed to ending no-fault evictions, and the Renters’ Rights Act 2025 has now delivered that change. From 1 May 2026, landlords cannot serve a section 21 notice. Possession must now be sought on grounds, through section 8.

What does the end of section 21 mean for landlords?

The removal of section 21 is a significant change, but perhaps not as seismic as some landlords feared.

Landlords can still recover possession of their property using section 8 of the Housing Act 1988. Section 8 allows possession on specific statutory grounds, including rent arrears, antisocial behaviour, breach of tenancy, damage to the property, the landlord wanting to sell, or the landlord or a family member wanting to move in.

Several grounds have been strengthened or added under the Act, including:

• Ground 1A (sale of property): a new mandatory ground with two months’ notice
• Ground 1 (landlord or family member to occupy): now mandatory with two months’ notice
• Ground 8 (repeated serious rent arrears): tightened to cover persistent or cyclical non-payment over three years
• Ground 14 (antisocial behaviour): broadened to include conduct “capable of causing nuisance or annoyance”, with immediate notice

In practice, many section 21 evictions were already happening because of some breach by the tenant, with landlords choosing section 21 for speed rather than because no fault existed. The change forces those landlords to evidence the fault and use section 8 instead.

Landlords should expect to be more cautious with tenant referencing and screening, and to keep clearer records of any breaches throughout the tenancy.

The new compliance step: the Information Sheet

Every landlord must give their tenants “The Renters’ Rights Act Information Sheet 2026” on or before 31 May 2026. Missing this deadline risks a financial penalty of up to £7,000 per tenancy. The official information sheet is available to download from gov.uk.

If your tenant does not have a written tenancy agreement, you must also provide certain written information about the tenancy by the same deadline.

How do tenants benefit?

The aim is to give tenants greater security and reduce the use of eviction as a response to legitimate complaints about property conditions. Tenants now hold an assured periodic tenancy by default and can remain in the property unless the landlord establishes a statutory ground for possession.

The reforms also limit rent increases to once per year, ban discrimination against tenants with children or those receiving benefits, and give tenants the right to request a pet.

Are there downsides to removing no-fault evictions?

The most pressing concern is court capacity. Every disputed possession now requires court proceedings on a stated ground. The county courts were already under pressure; this change adds load.

Shilpa Mathuradas, head of property litigation at Osbornes Law, makes the point that the volume of disputes is unlikely to fall: “If a landlord is rightfully claiming possession based on rent arrears or any other fault of the tenant, this is not going to stop because the section 21 process is abolished. Landlords will simply pursue tenants through the more expensive and lengthier section 8 process.”

Two further concerns are worth flagging:

• Grounds 1 and 1A risk misuse. “I want to sell” or “I want to move in” could be deployed as a workaround unless courts scrutinise the landlord’s stated intention closely.
• Rent arrears tactics. Tenants may pay down arrears just below the threshold to avoid possession on ground 8. The courts will need to address whether persistent late or partial payment is itself a sufficient pattern for possession.

What landlords should do now

• Give every tenant the Information Sheet by 31 May 2026. Penalties for non-compliance are steep.
• Audit your existing tenancies. Where there is no written agreement or no written record of the terms, provide the required written information before the deadline.
• Review any live section 21 notice. If you served a notice before 1 May 2026, your last date to issue court proceedings is 31 July 2026. After that the notice falls away.
• Plan future possession claims under section 8. Identify the right ground, gather evidence early, and serve the correct prescribed form.

How we can help

Our property litigation team advises landlords and tenants on every stage of the new regime, from compliance with the Information Sheet obligation to issuing and defending section 8 possession claims.

To speak with one of our solicitors, call us on 020 7485 8811 or contact us online.