Section 21 abolition: what it means for private tenants

Section 21 of the Housing Act 1988 has been the main route by which private landlords could evict tenants without giving a reason, commonly known as "no-fault eviction." The Renters' Rights Act 2025 abolishes section 21, removing the power to evict without grounds. Here is what this means for private tenants and how the new system works.

What was section 21?

Section 21 allowed a private landlord to end an assured shorthold tenancy (AST), the most common form of private tenancy, without needing to establish any fault on the tenant's part. The landlord simply had to give two months' written notice after any fixed term had expired (or during a fixed term if the tenancy allowed for it), and could then apply for a possession order.

This made section 21 the preferred route for landlords who wanted to end a tenancy because: the property was being sold, the landlord wanted it back for themselves, the tenant had complained about disrepair, or simply because the tenancy had run its course.

What has changed?

The Renters' Rights Act 2025 removes section 21 entirely for all private tenancies. This means private landlords can no longer use a "no reason" notice to end a tenancy. Instead, if a landlord wants the tenant to leave, they must use one of the grounds for possession set out in the Act.

At the same time, all existing assured shorthold tenancies automatically become periodic assured tenancies, there are no more fixed-term ASTs in the same sense. Tenants have greater security of tenure because there is no longer an automatic end-point that a landlord can use.

What grounds can a landlord now use to evict?

If a landlord wants to recover possession, they must rely on a specific ground. The main grounds include:

Tenant fault grounds (discretionary, the court may or may not grant possession):

• Rent arrears (the landlord must usually demonstrate significant or persistent arrears)
• Anti-social behaviour or nuisance to neighbours
• Breach of tenancy obligations
• Deterioration of the property caused by the tenant

Landlord grounds (mandatory, the court must grant possession if the ground is made out):

• The landlord wants to sell the property (with notice restrictions to prevent abuse)
• The landlord or a close family member wants to move into the property
• The property is being redeveloped

For most of these grounds, minimum notice periods apply. Selling and owner-occupation grounds require a minimum notice period of four months.

What protection does this give me against revenge eviction?

Section 21 was frequently used, or threatened, in response to a tenant complaining about disrepair or asserting their rights. The abolition of section 21 removes the main tool that landlords used for this purpose.

Under the new system:

• A landlord cannot serve a possession notice simply because you have complained about disrepair
• If a landlord tries to evict you using a ground that is pretext for retaliating against a complaint, you can argue this at court
• Retaliatory eviction protections, which existed to some extent before, are now more meaningful because there is no no-fault alternative available to the landlord

What if I am still on an old fixed-term tenancy?

Existing fixed-term tenancies that were in place when the Renters' Rights Act came into force converted to periodic tenancies. The new rules apply to them. If a landlord has served a section 21 notice that has not yet been enforced by the time the Act took effect, check with a housing adviser whether the notice remains valid.

The new system and disrepair

The abolition of section 21 is an important backdrop to housing disrepair claims. Before abolition, a tenant who reported disrepair risked receiving a section 21 notice in response, making many tenants reluctant to complain. The removal of this threat should encourage more tenants to assert their repair rights without fear of eviction.

If you are experiencing housing disrepair and your landlord has used the threat of eviction to discourage you from complaining, seek legal advice. Threatening eviction in response to a legitimate complaint about disrepair may constitute harassment.

When should I contact Support for Tenants?

If your home is in disrepair and you need help asserting your rights under the new framework, call us on 0800 030 4669.

No upfront cost. You only pay if you win, and the fee comes out of the compensation. If you don't win, you pay nothing.

Sources

• Section 21, Housing Act 1988 (legislation.gov.uk)
• Renters' Rights Act 2025 (legislation.gov.uk)
• Guide to the Renters' Rights Act (GOV.UK)

Related articles

• Renters' Rights Act 2025, what changes?
• Can I be evicted for complaining?
• What is a Section 21 notice, is it still legal?
• Section 8 eviction, explained
• Being evicted, what are my rights?