Understanding the Abolition of ‘No-Fault’ Evictions under the Renters’ Rights Act 2025

The Renters’ Rights Act 2025 marks one of the most significant shifts in England’s private rented sector since the Housing Act 1988. Its centrepiece is the abolition of Section 21 ‘no-fault’ evictions, effectively ending a landlord’s ability to regain possession of a property without proving a legal ground.

This change redefines how landlords manage tenancies and how disputes are resolved in the courts.

What the Change Is: The End of Notices under Housing Act 1988 Section 21 (‘No-Fault’ Evictions)

Under the old regime, Section 21 of the Housing Act 1988 allowed landlords to end an Assured Shorthold Tenancy (AST) at the end of a fixed term or during a periodic tenancy by serving a minimum of two months’ notice without giving any reason.

It became the cornerstone of flexibility for landlords, simplifying repossession and reducing the risk of prolonged disputes.

The Renters’ Rights Act 2025 now abolishes Section 21 in its entirety. In its place, all tenancies will effectively move to open-ended periodic contracts, meaning landlords can only recover possession using specific statutory grounds under the expanded and revised Section 8 framework.

These grounds now include rent arrears, anti-social behaviour, breach of tenancy terms, or legitimate reasons such as selling or moving back into the property.

This change is intended to provide tenants with greater housing stability and reduce arbitrary or retaliatory evictions. However, it also increases administrative and legal complexity for landlords, who must now ensure that every possession notice is legally justified and supported by evidence.

Why It Matters for Landlords: New Grounds for Possession and How to Plan

The abolition of no-fault evictions profoundly affects how landlords manage tenancy risk. Landlords can no longer end a tenancy simply because they wish to sell or regain control; instead, they must rely on new or amended Section 8 grounds introduced by the Act.

Key updates include:

Ground for sale or landlord’s reoccupation: A landlord can regain possession if they intend to sell or move into the property, provided the tenancy has lasted at least six months. This must be evidenced with a genuine intention test.
Persistent arrears ground: New strengthened provisions allow eviction if tenants fall repeatedly into arrears, even if they later clear the balance.
Anti-social behavior ground: The revised law lowers the threshold of proof, making it easier to evict tenants who cause nuisance or damage.
Serious breach grounds: Enhanced for tenants who sublet unlawfully or use the property for criminal purposes.

Landlords must plan for more extended notice periods, potential court delays, and increased evidentiary requirements. A well-documented tenancy file, including rent records, inspection notes, and written communications, will be essential for defending possession claims.

In practical terms, landlords should now:

Review and update tenancy agreements to reflect periodic tenancies.
Maintain thorough records of breaches or arrears.
Budget for legal support if possession proceedings become contested.
Consider insurance products that cover legal expenses and rent protection.

When It Comes into Force: The Act Received Royal Assent on 27 October 2025

The Renters’ Rights Act 2025 received Royal Assent on 27 October 2025, formally making it law. However, as with most major legislative reforms, not all provisions come into effect immediately.

The abolition of Section 21 will be phased in through commencement regulations, allowing time for landlords, letting agents, and courts to prepare.

The government has indicated that new tenancies will be covered by the new rules first, with existing tenancies transitioning over a defined period. The transition may include limited use of Section 21 for a short time after commencement, depending on final regulations.

Members of the British Landlords Association (BLA) should therefore treat this as a critical transition period. Landlords starting new tenancies after Royal Assent should prepare for compliance with the new framework, as retrospective updates may apply with short notice.

What’s Still Awaited: Commencement Regulations Giving the Detailed Date and Transitional Arrangements

At the time of writing, the exact commencement date for the abolition of Section 21 has not been published.

The Secretary of State will issue secondary legislation on the commencement regulations —confirming when the ban takes effect and outlining how existing tenancies will convert to periodic tenancies.

These regulations will also clarify:

How long can landlords continue to use Section 21 notices for pre-existing ASTs?
The required form of new tenancy agreements.
Any mandatory notice templates or procedural requirements under the revised Section 8 process?
The date from which all repossessions must follow the new model.

Until these regulations are announced, landlords should continue to comply with current law but prepare for change.

The BLA Legal Team advises members not to serve unnecessary Section 21 notices during this interim period, as transitional provisions may override them once the new rules commence.

Key Actions for Members of the British Landlords Association

The British Landlords Association recommends the following proactive steps to ensure compliance and reduce risk under the Renters’ Rights Act 2025:

Stay informed: Monitor BLA legal updates for official commencement dates and new prescribed forms.
Audit your tenancy portfolio: Identify which tenancies may require conversion to periodic status, and ensure documentation is up to date.
Update tenancy agreements: Replace outdated AST templates with the BLA’s new compliant forms once released.
Prepare for evidence-based possession: Keep meticulous written records of rent arrears, communication logs, and inspection reports.
Engage early with tenants: Open communication can resolve potential disputes before they reach court.
Join landlord training webinars: The BLA will offer detailed guidance on serving Section 8 notices and evidencing new possession grounds.

By adopting these measures, landlords will remain compliant and protected as the rental market transitions to a more regulated, tenant-secure framework.

FAQs

What does the abolition of Section 21 mean for landlords?

It removes the ability to evict tenants without cause, requiring landlords to rely on specific legal grounds under Section 8.

Can landlords still regain possession to sell or move in?

Yes, but only under the revised Section 8 grounds and with sufficient proof of intention.

When does the new law take effect?

The Act became law on 27 October 2025, but commencement regulations will set the exact enforcement date.

Will current tenancies automatically convert?

Yes, existing ASTs will transition into periodic tenancies once the relevant commencement regulations are in force.

What should landlords do now?

Prepare by updating agreements, maintaining evidence records, and following British Landlords Association updates.

Conclusion

The abolition of ‘no-fault’ evictions under the Renters’ Rights Act 2025 represents a significant shift towards tenant security.

Landlords who adapt early by understanding the new grounds for possession, maintaining proper records, and aligning with guidance from the British Landlords Association will be best positioned to navigate this new legal environment confidently and lawfully.

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