Section 21 abolished: What comes next?

Have questions about the Section 21 ban? You’re in the right place.

As the Renters’ Rights Bill gets closer to becoming a reality, our experts are exploring everything you need to know about the Section 21 ban and answering some of your burning questions about what the future holds.  

Serving a Section 21 notice starts the legal process to bring an assured shorthold tenancy (AST) to an end. It provides tenants with a date by which they must leave a rental property, and gives you as the landlord the right to apply to the court for a possession order if the tenant stays in the property after that date.  

Unlike a Section 8 notice, you don’t need to give tenants a reason why you’re serving a Section 21 notice, something that has been a significant source of contention for its critics over the years. However, as our expert Head of Policy, James Wood, explains, ‘landlords not being required to give a reason when serving a Section 21 notice is why they’re often referred to as a ‘no-fault’ eviction. In reality, though, most Section 21 notices are served because of issues like anti-social behaviour or because their tenants have fallen into rent arrears.’  

The notice comes from Section 21 of the Housing Act 1988, a piece of legislation aimed at injecting a much-needed boost into the private rented sector (PRS).  

Prior to its introduction, the private rented sector had been shrinking for decades as increasing regulation made the sector less appealing to invest in. Laws that made it difficult to evict or increase rents saw the sector shrink from 32% of all housing stock in 1961 to just 8.6% by 1986.  

The 1988 Act intended to address this and make the private rented sector a more appealing place to invest. It did this by making it easier to charge market rent for a home and end a tenancy when the landlord needed to. 

This was successful and following the 1988 Act, the PRS more than doubled in size over the next few decades to 20.3% of all households by 2016.  

To serve a Section 21 notice, you must: 

• Complete form 6a. You can create your own notice, but you'll need to make absolutely sure that it contains the same information as the prescribed form; otherwise, the notice could be deemed invalid. 

• Deliver the notice to the property or to the tenant. You should always get evidence of service - a post office receipt, for example, or a signed Certificate of Service (Form N215). 

• Apply for a possession order. Once the notice has expired, if the tenant has still not left the property, the landlord should apply to the court for a possession order. This can be done using either Form N5B (accelerated route) or Form N5 and N119 (the latter is the best option if there are any irregularities that may come into question).   

• The judge will consider your application and, if it’s successful, issue the order without the need for a hearing.  

To make sure a Section 21 notice is valid and enforceable:  

• The tenancy must be an AST.  

• Four months must have passed since the tenancy started.   

• Tenants must be given at least two months' notice. They’ll require more if the fixed-term tenancy has come to an end but contained a clause that it would carry on as a periodic tenancy (a ‘contractual’ periodic tenancy), and rent is paid in larger advances.  

• Unless there’s a break clause, the notice can’t expire before the end of the fixed-term tenancy comes to an end. 

• Any deposit must have been protected in an authorised deposit protection scheme within 30 days of receipt. You should provide all tenants, and anyone who has paid a deposit, with the relevant Prescribed Information about the chosen scheme.  

• Tenants must have received copies of the property’s Energy Performance Certificate, all of the annual gas safety certificates from the tenancy, and the latest version of the government’s ‘How to rent’ guide when the tenancy started.  

• If you require a licence for your property (mandatory, additional or selective), then you must have at least applied for it, for example, a house in multiple occupation (HMO).  

You can’t use a Section 21 notice if: 

• The property has been served with an improvement notice in the last six months.  

• Emergency remedial works have been carried out on the property by the local authority within the last six months.  

• You’ve received a prohibited fee under the Tenancy Fees Act since 1st June 2020, or 1st June 2019 if the tenancy is dated on or after this date.   

In addition to this, after you have served a Section 21 notice, it may become invalid if it is a ‘retaliatory eviction’. This can only happen where the tenant makes a complaint about disrepair or property conditions before a Section 21 notice is served. In these cases, if a local authority gives you an improvement notice after the Section 21 is served then it will invalidate your notice.  

Abolishing Section 21 has been a consistent pledge in the manifestos of every major political party for the last two elections.  

Those in favour of the abolishment argue that it will ensure greater tenant protections, such as higher property standards, fewer ‘rogue’ landlords, and the ability to challenge poor property maintenance without fear of being evicted. The Section 21 ban will also mean that tenants no longer live with the worry that they could be evicted at any time (once their fixed tenancy has come to an end). 

On the other side of the coin, of course, are the very real concerns that landlords have about the impact it could have on the PRS.  

At the NRLA, we’re not opposed to the Section 21 ban, and we understand the reasons why many want Section 21 abolished. However, its replacement must be swift, effective, and fit for purpose. That’s why, as James explains:  

It’s now a question of when, rather than if, Section 21 evictions will be abolished. But make no mistake; progress through parliament has been slow so far. So, just when will Section 21 be abolished?  

It’s not easy to pinpoint the exact answer. The legislative process has been time-consuming and complex, with numerous debates and amendments requiring thorough consideration by both houses of parliament. Even now, the timeline remains vague, with the latest predictions suggesting that the Bill won’t become an Act of Parliament until autumn 2025 at the earliest.  

Even when this happens, Section 21 won’t disappear immediately. Instead, the Government will set what’s known as a ‘commencement date’ marking the start of the Section 21 ban. This means that: 

• You’ll be able to serve a Section 21 notice up to the day before the commencement date.  

• After the commencement date, if the Section 21 notice expires, and the tenant hasn’t left the property, you can apply to the court for a possession order under Section 21 within three months of the commencement date. After this, there can be no further applications made under Section 21.  

It’s the question on everyone’s lips: what will replace Section 21?  

The answer is that there won’t be a direct replacement. Instead, you’ll need to rely on the existing Section 8 notice which requires you provide tenants with the reasons behind your grounds for possession.   

As a landlord, you can use a Section 8 notice to start the eviction process based on one of 20 grounds for possession. These include:   

• Rent arrears. 

• Anti-social behaviour and damage to the property. 

• Breach of tenancy.  

If the tenant doesn’t move out, you can then apply to court for a possession order where you will have the chance to prove to a judge that you are entitled to possession based on that ground. 

Some possession grounds are mandatory ones, meaning that the court must grant possession if you have evidence the ground exists. For example, where the tenant is in serious rent arrears.  

Other grounds are discretionary ones, meaning that the judge can decide whether a possession order is appropriate even if you have good evidence. Discretionary grounds include things like breaching a tenancy term, damage to the property and smaller amounts of rent arrears.  

Need a more in-depth look at the grounds for possession under Section 8?

In short, yes. The Government is planning to expand and amend the existing grounds for possession under Section 8. This is to ensure that landlords have the right to regain possession of their properties when it’s reasonable for them to do so – a welcome and essential safeguard in light of the Section 21 ban.  

So, what’s changing for Section 8? 

Under Section 21, you can give tenants two months' notice if you intend to sell the property or move family members in. With Section 21 abolished, this scenario will now be governed by two mandatory grounds (1 and 1A), which stipulates that landlords: 

• Must provide tenants with four months' notice, and  

• Not serve the notice within the first 12 months of a new tenancy (this will be known as the ‘protected period’).  

It’s important to note that you won’t normally be able to let the property again for 16 months from serving notice, a restriction likely to cause contention, as our expert, James, explains; ‘while of course protections need to be in place for tenants, this is a long period of time for landlords who are unable to sell their property or have a change of heart for good reason. For many, this could result in a significant loss of income.’ 

The Renters’ Rights Bill will introduce a new ground to Section 8 (4A). This new ground enables landlords to serve notice to students before the start of a new academic year. You can only use this if: 

• The property is an HMO. 

• All of the tenants are full-time students.  

• Tenants are given four months' notice, which expires in the period between 1st June and 30th September.  

If you intend to take possession of a property because of rent arrears, the mandatory possession ground for rent arrears (Ground 8) will be amended to increase the length of rent arrears from two to three months. You’ll also need to provide tenants with four weeks' notice, increased from two. 

Once the Renters’ Rights Bill becomes law, you’ll need to serve a Section 8 notice if you intend to take possession of your property.  

But what’s the process for this, and how will evictions work after the Section 21 ban? 

• You’ll need to use the prescribed Form 3 or your own document containing the same information. The form must be filled in correctly, and detail the intended grounds for possession.  

• Depending on the grounds for possession, the Section 8 notice may be immediate or require four months' notice.   

• You or your agent must sign the notice.  

• You’ll need to serve the notice on all tenants and provide proof that you’ve done so.  

In that case, you’ll need to make an application for a possession order. This must be done within 12 months of the date of the Section 8 notice, and unlike under Section 21, you’ll need to attend a court hearing.  

It’s no secret that many people in the PRS have several concerns about the abolition of Section 21 – and for good reason. But just what is it that’s keeping landlords like you up at night?  

• An inadequate court system. Already under pressure, how will the courts cope with more complex possession claims, and what will the impact be? In the words of our CEO, Ben Beadle, ‘without reforms to ensure the courts process cases much more swiftly, they risk becoming overwhelmed. This will not serve the interests of tenants or landlords seeking justice.’ 

• Loss of income. With the amount of rent arrears set to rise from two to three months, an increased notice period, and the time required for court proceedings, landlords could find themselves without rental income for anywhere up to 6 months.  

• Tenant disputes. The fact that landlords will need to prove fault under Section 8 raises concerns that this may lead to tenant disputes that could otherwise have been avoided.  

Below you’ll find some of our top tips to ensure you’re as prepared as possible ahead of the Section 21 ban:  

✔️ Stay in the know. The Section 21 ban is a big change for the PRS. Being informed about potential changes and updates will help you to address any new challenges and stay ahead of the game. If you’re not already a member, why not talk to us about how joining our community of over 100,000 landlords could benefit you?   

✔️ Maintain good records. The Section 21 ban brings with it evidence-based grounds for possession. It’s essential that you keep your records up to date (for example, rental payments, repairs, and property visits), and log any communication with tenants that you may need to rely on.  

✔️ Implement robust tenant screening. With the options available to evict problem tenants, a strong screening process will be vital. As the saying goes, prevention is always better than the cure.  

✔️ Make use of Section 21 now if you need to. Depending on the circumstances, the Section 21 ban could make it harder to gain possession of your property. For example, the notice for selling a house is twice as long as a Section 21 notice. So, if you’re sure about selling, you may want to serve a Section 21 notice whilst it’s still an option.  

Want more tips to help you prepare? With our Renters’ Rights Guidance, we’ve got you covered.  

As the Renters’ Rights bill gets closer to Royal Assent, we’re answering your questions about the end of Section 21 evictions.  

If you serve a Section 21 notice that reaches the court in the three months after the commencement date, it will be permitted to complete the process. As a result, the courts may still be dealing with Section 21 cases for months or even years to come.

Yes. The Section 21 ban is not yet law, and you can still serve a Section 21 notice until it becomes so.  

Once Section 21 is abolished, you’ll be required to follow the process under Section 8, which covers most, if not all, of the reasons you may want to take possession of your property.  For example, rent arrears, anti-social behaviour, and selling the property.