For years, Section 21 of the Housing Act 1988 has allowed landlords in England to recover possession of their property without needing to prove fault on the part of the tenant. Often known as the “no-fault eviction” process, this notice has offered flexibility to landlords, especially at the end of a fixed-term tenancy.

But that landscape is changing. With the proposed abolition of Section 21 under the Renters (Reform) Bill, landlords need to understand both the current position and what may lie ahead.

The Current Position

As of mid-2025, Section 21 notices remain legally valid. A landlord can serve a Section 21 notice provided certain conditions are met, such as ensuring the deposit has been protected and the tenant has received the correct prescribed information:

• “How to Rent” guide
• Gas Safety Certificate 
• EPC
• A minimum notice period of two months must be given, after which, if the tenant does not vacate, possession proceedings may follow.

However, many landlords fall into the trap of serving notices incorrectly, leading to costly delays and rejected claims. Common issues include failing to serve the required documents or not protecting the deposit correctly. This is especially critical in the run-up to the Renters (Reform) Bill becoming law, because if a notice served before the commencement of the changes to the law turns out to be invalid, there are no second chances.

The Direction of Travel

The Bill has just completed the House of Lords Committee stage, where amendments have been proposed and scrutinised, before a last reading and it heads back to the Commons for final consideration. The Renters (Reform) Bill seeks to remove Section 21 altogether, ending the right to evict tenants without specific grounds. In future, all possession claims would need to proceed under Section 8, where the landlord must rely on one or more of the statutory grounds set out in Schedule 2 of the Housing Act 1988. 

These grounds include rent arrears, breaches of tenancy, or situations where the landlord wishes to sell or move into the property. While some grounds are mandatory, many are discretionary, and the outcome can depend on the judge’s assessment.

What This Means for Landlords

Landlords who have traditionally relied on Section 21 for flexibility should take this opportunity to review how they manage their properties. Evidence will become even more important, especially where a possession claim may rely on the tenant’s behaviour or financial conduct.

Now is also a good time to review tenancy agreements, ensure compliance with all documentation requirements, and seek advice early when problems arise. While Section 21 is still available for the time being, relying on it without having double checked the correct information was served and deposit protected etc could result in delays that could be fatal if they cannot be cured before the Act comes in or the notice being deemed invalid.

Whilst there is no definite date set yet for the new law to come into effect, although the current thinking is this Autumn, it is coming. 

How We Can Help

This article relates to draft legislation, and so remains subject to change; it is a snapshot and not a full statement of every part of the Bill, and is intended for guidance only and cannot be relied upon as definitive or as a substitute for professional advice. 

Our Dispute Resolution team can assist with:

• Drafting and serving valid Section 8 or Section 21 notices
• Reviewing tenancy agreements and compliance with statutory requirements
• Issuing possession claims and representing clients at hearings
• Advising on rent arrears recovery and enforcement of possession orders

Whether you're facing a difficult tenant or simply want to ensure you're operating within the law, our dispute resolution team is here to support you at every stage.

Feel free to get in touch to discuss how we can assist!