The Renters' Rights Act 2025 ends no-fault eviction in England. This guide explains what replaces Section 21, the new Section 8 grounds, notice periods, and what landlords must do now.
Live Section 21 notices: Any Section 21 notice that has not resulted in a possession order before the transition date will lapse. Take urgent legal advice if you have a live notice.
The Renters' Rights Act 2025 ends the use of Section 21 notices in England. Section 21 — commonly called 'no-fault eviction' — allowed landlords to end an assured shorthold tenancy without giving a reason, provided certain procedural requirements were met. That route to possession no longer exists.
In its place, landlords must use Section 8 of the Housing Act 1988, which requires a stated ground for possession. The Act has introduced new grounds and strengthened existing ones to ensure landlords with legitimate reasons for needing possession can still recover their property — but they must now follow a clearly defined legal process and give reasons.
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£88 Compliance Audit Landlord Compliance Management →Under Section 21, a landlord could end an assured shorthold tenancy by serving a written notice requiring the tenant to vacate on or after the end of the fixed term, or after two months' notice in a periodic tenancy. No reason needed to be given. If the tenant did not leave, the landlord could apply to court for a possession order under the accelerated possession procedure — a relatively fast paper-based process.
The system was widely criticised for creating insecurity for tenants, who could be asked to leave with two months' notice for no stated reason. The government committed to abolishing Section 21 in 2019 and the Renters' Rights Act 2025 delivers that commitment.
Section 21 notices served before the commencement date of the Renters' Rights Act 2025 will remain valid for a transitional period. However, any notice that has not resulted in a possession order before the transition date will lapse. Landlords who have already served a Section 21 notice should take legal advice on their position urgently.
From the commencement date of the Renters' Rights Act 2025, landlords cannot grant fixed-term assured tenancies to new tenants. All new tenancies are periodic from day one — meaning they run month to month (or week to week if rent is paid weekly) indefinitely until either party ends them.
This does not mean tenants can leave immediately. A tenant must give at least 2 months' notice to end a periodic tenancy.
Existing fixed-term tenancies will continue until their contractual end date. After that date, they will transition to periodic tenancies under the new regime. The government will set a specific transition date — all existing tenancies will convert to the new system on that date regardless of their fixed term.
| Tenancy type | Position under the new regime |
|---|---|
| New tenancies (after commencement date) | Periodic from the start — no fixed terms |
| Existing fixed-term tenancies | Continue until end of fixed term, then convert to periodic on transition date |
| Existing periodic tenancies | Convert to new periodic regime on transition date |
To end a tenancy, a landlord must serve a Section 8 notice specifying the ground or grounds being relied on. If the tenant does not vacate, the landlord must apply to the county court for a possession order. The court will grant possession only if the ground is made out.
The Act has reorganised the grounds into two categories: mandatory grounds (where the court must grant possession if the ground is proved) and discretionary grounds (where the court may grant possession if it considers it reasonable to do so).
| Ground | Basis | Notice period | Type |
|---|---|---|---|
| 1 (amended) | Landlord or close family member intends to occupy | 4 months | Mandatory |
| 1A (new) | Landlord intends to sell the property | 4 months | Mandatory |
| 8 (amended) | At least 3 months' rent arrears at notice date and at hearing | 4 weeks | Mandatory |
| 10 (amended) | Some rent arrears at date of notice | 4 weeks | Discretionary |
| 14 (amended) | Anti-social behaviour or nuisance | Immediate (serious cases) | Discretionary |
Ground 1A is a new mandatory ground introduced specifically to replace part of what Section 21 provided. A landlord who genuinely intends to sell can rely on this ground for a mandatory possession order with 4 months' notice. The landlord cannot re-let the property for at least 3 months after obtaining possession — if they do, the tenant can claim compensation.
| Ground | Minimum notice period |
|---|---|
| Most landlord grounds (selling, moving in, etc.) | 4 months |
| Rent arrears — Ground 8 (mandatory) | 4 weeks |
| Rent arrears — Ground 10 (discretionary) | 4 weeks |
| Anti-social behaviour — serious cases | Immediate / 2 weeks |
| Tenant notice to quit | 2 months |
All tenancy agreements must be reviewed. Clauses that refer to fixed-term tenancies, Section 21 notices, or the accelerated possession procedure are now redundant for new tenancies. Any new tenancy agreement must reflect the periodic tenancy structure and the Section 8 grounds.
For most routine possession cases — tenant moving out, landlord selling, rent arrears — there is a ground available. The process is more formal than Section 21, but landlords with legitimate reasons for possession are protected. You must state your ground clearly, serve the notice correctly, and be prepared to prove the ground at court.
Ground 8 (mandatory, 3 months' arrears) requires the arrears to be at the threshold both at the date of the notice and at the date of the court hearing. If a tenant pays down arrears between notice and hearing, the mandatory ground fails and the case becomes discretionary. Document payment history meticulously from day one.
Neon's landlord compliance management service includes rent collection monitoring and arrears tracking from the start of every tenancy. We flag arrears early so landlords have options before a formal possession process becomes necessary.
When did Section 21 get abolished?
The Renters' Rights Act 2025 abolishes Section 21 from the commencement date set by the Secretary of State. The commencement date applies immediately to new tenancies. Existing tenancies transition on a separate date to be confirmed. Check the Neon compliance library for updates as the commencement dates are confirmed.
Can I still offer a fixed-term tenancy?
No — not for new assured tenancies in England. The Renters' Rights Act 2025 removes the ability to grant new fixed-term assured tenancies. All new tenancies are periodic from the start. You can agree with your tenant that they intend to stay for a minimum period, but that is a commercial arrangement only — legally, either party can end the tenancy on the correct notice at any time.
How do I get possession if I want to sell?
Use Ground 1A — the new mandatory ground for landlords who intend to sell. Serve a Section 8 notice with 4 months' notice. If the tenant does not vacate, apply to the county court for a possession order. The ground is mandatory, so if you can prove genuine intention to sell, the court must grant possession. You cannot re-let the property for at least 3 months after possession.
Can I still get possession for rent arrears?
Yes. Ground 8 (mandatory) applies where a tenant owes at least 3 months' rent at both the date of the Section 8 notice and the date of the court hearing. Ground 10 (discretionary) covers any level of arrears. Pleading both grounds together is advisable — if arrears drop below the Ground 8 threshold before the hearing, Ground 10 remains available. See our Rent Arrears & Section 8 guide for full detail.
How much notice does a tenant have to give to leave?
Two months' notice. A tenant can give notice at any time in a periodic tenancy. They cannot give less than 2 months' notice.
What happens to my existing Section 21 notice?
A Section 21 notice served before the commencement date of the Renters' Rights Act 2025 remains valid for a transitional period. However, if it has not resulted in a possession order by the transition date, it will lapse. Take urgent legal advice if you have a live Section 21 notice.
Do the new rules apply in Scotland and Wales?
No. The Renters' Rights Act 2025 applies in England only. Scotland abolished its equivalent (Section 33) in 2017 under the Private Housing (Tenancies) (Scotland) Act 2016. Wales introduced similar reforms under the Renting Homes (Wales) Act 2016, which came into force in December 2022.
The Section 21 changes make tenancy documentation, arrears monitoring, and compliant notice processes more important than ever. Our landlord compliance management service keeps you on the right side of the law.
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