Section 21 Abolished: What Every Landlord Needs to Know for 2025/2026

If you're a landlord wondering about the future of Section 21 evictions, you're not alone. The changes coming through the Renters' Rights Bill will fundamentally alter how you manage your rental properties, and understanding these changes now will help you stay ahead of the curve.

Here's what you need to know: Section 21 has not been abolished yet as of August 2025, but significant changes are on the horizon that will affect every landlord in England.

Current Status: Where We Stand Today

The Renters' Rights Bill is currently making its final journey through Parliament, having passed through the House of Commons in January 2025 and nearing completion in the House of Lords. The Bill is expected to receive Royal Assent between September and October 2025, but this doesn't mean immediate implementation.

Key dates to remember:

• Royal Assent expected: September-October 2025
• Actual implementation: Likely October / November 2025 (though this could change)
• Current status: Section 21 notices remain fully valid throughout 2025

Until the official commencement date arrives, you can continue to serve Section 21 notices under existing laws. The government has promised to give landlords, agents, and tenants sufficient time to prepare before bringing the reforms into force.

What Section 21 Currently Allows You to Do

Section 21 is your legal right as a landlord to end an assured shorthold tenancy (AST) without providing a specific reason. This "no-fault eviction" process allows you to regain possession of your property by serving tenants with a valid Section 21 notice, typically requiring two months' notice after the first six months of tenancy.

Currently, you can use Section 21 when:

• You want to sell the property
• You need to move back into the property
• You simply want to end the tenancy for personal reasons
• The fixed term has ended and you don't want to renew

The process is relatively straightforward when all compliance requirements are met, making it a popular choice for many landlords.

What's Changing: The New Landscape

Once the Renters' Rights Bill comes into force, the landscape will change dramatically. Section 21 no-fault evictions will be scrapped completely – and this won't be a gradual phase-out. The abolition will happen "in one fell swoop" for both new and existing tenancies simultaneously on the commencement date.

Here's what this means for you:

No more no-fault evictions – You won't be able to evict tenants at two months' notice without providing a valid reason.

Section 8 becomes your only option – Every eviction will require a Section 8 notice stating one or more specific grounds for possession.

Higher evidential standards – You'll need to provide supporting evidence for your eviction grounds, not just state your intention to regain possession.

Revised notice periods – Different circumstances will have different notice requirements, some longer than the current two months.

Understanding the Transition Arrangements

The legislation includes important transition provisions that you need to understand:

Last opportunity window – Under Schedule 6 transition rules, you can serve new Section 21 notices up until the working day before the Commencement Date. Any notices validly served before this cut-off will continue through the courts even after abolition.

Continued court proceedings – Section 21 notices served before the abolition date will remain valid and can proceed through the court system, even after the new law comes into effect.

No retrospective invalidation – Existing Section 21 notices won't suddenly become invalid once the new law starts.

This means timing becomes increasingly critical as we approach the implementation date. If you're considering serving a Section 21 notice, earlier action may be preferable to avoid last-minute complications.

Essential Preparation Steps You Should Take Now

1. Conduct a Compliance Audit

Before you can serve any Section 21 notice, you must ensure full compliance with existing requirements:

• EICR certificates (electrical safety)
• Valid EPC ratings
• Deposit scheme registrations
• "How to Rent" guide provided to tenants
• Gas safety certificates
• Smoke and carbon monoxide alarm compliance

Failing any of these requirements will invalidate your Section 21 notice, so get these checked immediately.

2. Review Your Current Tenancies

Look at your portfolio with fresh eyes:

• Identify any problematic tenancies where you might need possession
• Consider whether action is needed before the Bill takes effect
• Review rent levels and consider any necessary adjustments
• Assess the condition of your properties and plan any required improvements

3. Master Section 8 Grounds

You need to become familiar with Section 8 grounds for possession and understand the evidential standards required. The new system will demand specific reasons and supporting documentation for all evictions.

Common Section 8 grounds include:

• Rent arrears (various grounds depending on amount owed)
• Breach of tenancy agreement
• Property damage by tenant
• Antisocial behaviour
• Landlord needs property for personal use

4. Document Everything

Start building better documentation habits now:

• Keep detailed records of all tenant communications
• Photograph property conditions regularly
• Maintain clear rental payment records
• Document any tenancy agreement breaches
• Save evidence of any property damage or antisocial behaviour

5. Consider Professional Property Management

The increased complexity of the new system might make professional property management more attractive. Professional letting agents can help navigate the new requirements and ensure compliance with evolving regulations.

What This Means for Your Investment Strategy

The abolition of Section 21 represents a fundamental shift in the rental market dynamics. Tenants will have greater security of tenure, which means you'll need to be more selective about who you rent to and more proactive about property management.

Consider these strategic implications:

Enhanced tenant screening – With evictions becoming more complex, thorough tenant referencing becomes even more critical.

Property condition focus – Maintaining high standards will help prevent disputes that could lead to difficult eviction situations.

Rent review strategies – Without the ability to use Section 21 for rent increases, you'll need to rely more heavily on negotiation and market rates.

Professional relationships – Building positive tenant relationships becomes more important when ending tenancies requires specific grounds.

Staying Informed and Compliant

Parliamentary timetables can shift rapidly, sometimes within weeks rather than months. The implementation date could change as the Bill progresses, so staying informed is crucial.

Key actions to take:

• Monitor government announcements about the commencement date
• Review your insurance policies to ensure they cover the changing legal landscape
• Consider attending landlord training sessions or webinars
• Join professional landlord associations for updates and support
• Maintain regular contact with your letting agent or property management company

The Bottom Line for Landlords

While Section 21 abolition might feel daunting, preparation is your best defence. The rental market will continue to thrive, but successful landlords will be those who adapt their practices to work within the new framework.

Start preparing now by ensuring compliance, understanding Section 8 grounds, and building robust documentation practices. The transition period provides valuable time to adjust your approach and ensure you're ready for the new landscape.

Remember, millions of landlords across England will be navigating these same changes. You're not alone in this transition, and professional support is available to help you through the process.

And relax! Let us take your stress away. At Abacus Homes, we understand the concerns these changes bring. Our experienced team stays up-to-date with all legislative developments and can help you navigate the transition smoothly, ensuring your property investment remains both profitable and compliant.

This article is intended as a guide only and does not constitute legal advice. For specific situations, please consult with a qualified legal professional or contact our expert team for personalised guidance.