Under the Renters Reform Bill: Can Landlords Still Evict Tenants Using Section 21?
The rental landscape in England is undergoing significant change with the introduction of the Renters Reform Bill.
This legislation, described as the most transformative in a generation, proposes the abolition of Section 21 evictions—commonly known as ‘no-fault’ evictions.
If enacted as planned, it will mark a pivotal moment for both landlords and tenants, reshaping the balance of rights and responsibilities across the rental sector.
In this comprehensive article, we examine the current legal framework and the objectives of the proposed Renters Reform Bill, critically assessing whether landlords will still be able to evict tenants under Section 21.
We also consider the alternatives available to landlords, how the eviction process will operate under the new system, and the broader implications for property owners and renters alike.
What is Section 21?
Section 21 of the Housing Act 1988 currently allows landlords in England to regain possession of their rental property without needing to give a reason, provided specific legal requirements are met. This is why it is known as a “no-fault” eviction.
Landlords must give tenants a minimum of two months’ notice, and the notice cannot be served within the first four months of the original tenancy.
Provided all procedural rules are correctly followed—including matters such as deposit protection, gas safety certificates, and the issuance of a ‘How to Rent’ guide—the landlord does not need to prove any breach of tenancy agreement in court.
Section 21 has long been favoured by landlords for its relative simplicity and speed and feared by tenants for the insecurity it creates.
It allows landlords to reclaim possession at the end of a tenancy or during a periodic agreement, even if the tenant has complied with the tenancy terms.
What Will the Renters Reform Bill Change?
The Renters Reform Bill, first introduced in 2023 and expected to come into force in stages from 2025 onward, will:
- Abolish Section 21 evictions entirely, removing the ability of landlords to evict tenants without a reason.
- Replace Assured Shorthold Tenancies (ASTs) with a single system of periodic tenancies, offering greater flexibility and security to tenants.
- Strengthen Section 8 procedures, allowing landlords to regain possession using specific legal grounds such as rent arrears, anti-social behaviour, or a desire to sell or move back into the property.
- Introduce a new digital ombudsperson and require all landlords to join a national landlord register.
By abolishing Section 21, the Bill aims to end unfair or retaliatory evictions, protect renters from sudden displacement, and give them more control over their housing situation.
Can Landlords Still Use Section 21?
No, not once the Renters Reform Bill is enacted into law and implemented. One of the central pillars of the Bill is the outright removal of Section 21 notices, making it illegal for landlords to evict tenants without providing a valid reason defined by law.
Until the Bill is fully passed and comes into force, landlords may still serve a Section 21 notice—provided they meet all the current legal requirements. However, this window of opportunity is closing, and landlords should prepare now for a future without Section 21.
What Will Replace Section 21?
The end of Section 21 does not mean that landlords will be unable to evict tenants. Instead, they will have to rely on a strengthened Section 8 process, which allows eviction on a set of specific and legally defined grounds. These grounds include:
- Serious rent arrears (usually two months or more)
- Persistent late payment of rent
- Anti-social or criminal behaviour
- Substantial damage to the property
- Breach of the tenancy agreement
- Landlord wishes to sell the property
- Landlord or family member wants to move in
Importantly, the government has stated its intention to expand and streamline the Section 8 process to ensure that landlords can still recover their properties when they have a legitimate need to do so.
Key Implications for Landlords
No More No-Fault Evictions
Landlords will lose the flexibility and discretion they previously had with Section 21. They will no longer be able to evict simply because they want the property back unless it falls under a valid Section 8 ground.
Legal Grounds Must Be Justified
Landlords must prepare a case, supported by evidence, to justify eviction under Section 8. This adds complexity and potentially legal costs to the process.
Periodic Tenancies Only
All new tenancies will be periodic, meaning landlords cannot lock tenants into a fixed term or use the end of a fixed period as a natural exit point. Tenants can give two months’ notice to leave, while landlords must follow formal grounds.
Reliance on Courts
Landlords may face delays as they depend more on court proceedings. While the government promises to reform the court system to handle evictions more efficiently, many landlords remain sceptical.
More Tenants Challenging Evictions
With no-fault evictions banned, tenants may feel more empowered to dispute or challenge eviction notices, especially if they believe a landlord is acting unfairly.
Advantages of Abolishing Section 21
- Greater Security for Tenants
- Tenants can no longer be evicted without a valid reason, providing them with greater stability in their homes.
- Reduction in Retaliatory Evictions
- Tenants will feel more comfortable raising complaints about disrepair, safety issues, or illegal practices without fear of being served a Section 21 notice in response.
- Better Rental Standards
- As a result of increased scrutiny, landlords may improve the condition of their properties and maintain better compliance with legal obligations.
- Encouragement of Professional Landlordism
- The reform supports a more structured, fair, and regulated rental market, encouraging serious landlords and weeding out exploitative practices.
Disadvantages for Landlords
- Loss of Flexibility
- Without Section 21, landlords cannot easily manage problematic tenants or change their property use plans without proving legal grounds.
- More Legal Burden
- Evictions will require more documentation, evidence, and potentially court appearances, making the process longer and costlier.
- Uncertainty Over Court Reforms
- If court systems remain slow or underfunded, landlords could experience months of delay when trying to recover possession.
- Impact on Investment
- Some landlords may leave the sector entirely due to increased regulation and reduced control, potentially shrinking rental supply and raising rents.
What Should Landlords Do Now?
Review Existing Tenancies
Understand when your current tenancy agreements will expire or convert into periodic tenancies. Be aware of the timeline of the Bill’s implementation.
Keep Records and Evidence
If you may need to evict a tenant in the future, begin maintaining thorough records of payments, communication, maintenance, and inspections.
Get Familiar with Section 8 Grounds
Understand each ground for eviction under Section 8 and what evidence is required to succeed in court.
Join a Landlord Association
Associations like the British Landlords Association can offer guidance, legal support, and updates as the law evolves.
Upgrade Property Standards
Ensure your property complies with all safety and legal standards to avoid tenant disputes or compensation claims.
Consider Professional Management
Using experienced letting agents or legal representatives can help navigate the more complex eviction process following a Section 21 notice.
FAQs
Is Section 21 still in use today?
Yes. As of mid-2025, landlords can still use Section 21 notices, but this will change once the Renters Reform Bill becomes law and its provisions are enacted.
When will Section 21 be abolished?
The government has not yet confirmed a final date, but it is expected to be phased out in stages starting in late 2025 or early 2026. It is best to stay updated via official government announcements or landlord associations.
Can I evict a tenant just because I want to sell my property?
Under the new rules, yes—but only under a valid Section 8 ground. Landlords must give a minimum of two months’ notice and prove that the property is genuinely for sale.
What if a tenant stops paying rent?
Section 8 provides grounds for eviction due to non-payment of rent. The revised Bill will ensure that landlords can still remove tenants who fall seriously behind on rent.
Can a landlord regain possession of anti-social behaviour?
Yes. One of the most commonly used Section 8 grounds is anti-social behaviour, and the Renters Reform Bill will strengthen this with quicker routes for landlords to act.
Will the court system be ready for the extra workload?
The government has committed to digitising and improving the courts, but landlords are concerned that delays will increase. These reforms will be critical to the Bill’s success.
Will all tenants have indefinite security?
Not entirely. While no-fault evictions are banned, landlords still retain the right to remove tenants under specific legal grounds, meaning tenants must still abide by their responsibilities.
Can a landlord raise rent to force a tenant to leave?
No. The Bill includes new protections against abuse of rent increases. Tenants will have the right to challenge excessive or retaliatory rent hikes through a tribunal.
Will the changes apply to student lets or HMOs?
The Bill will apply to most types of rental property, but some exceptions or modified rules may be introduced for purpose-built student accommodation. HMOs will also fall under the new tenancy regime.
Should I serve a Section 21 now before the Bill becomes law?
If you are considering regaining possession without fault, now may be the last opportunity. However, ensure that you follow all legal procedures precisely, as the courts can dismiss notices that are invalid.
Final Thoughts
The Renters Reform Bill signifies a major cultural and legal shift in England’s private rental sector. For landlords, the abolition of Section 21 marks the end of an era.
The reliance on clear, evidence-based grounds, as outlined in Section 8, will necessitate a more professional and legally informed approach to property management.
While this reform aims to improve tenant security and reduce unfair evictions, it also places additional burdens on landlords to understand and comply with the new framework.
Those who adapt early—by upgrading compliance, documenting issues, and seeking expert guidance—will be best positioned to thrive in the post-Section 21 era.
Understanding these changes today is essential for planning tomorrow. The future of renting in England will be defined not by uncertainty but by transparency, fairness, and accountability—for both landlords and tenants.
The British Landlords Association is a national landlords’ association for UK landlords. It is one of the largest landlord associations in the UK. Join us now for £79.95!
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