Introduction: major changes to landlord eviction rights
The Renters’ Rights Act 2025 is set to bring some of the most significant changes to the private rented sector in decades. For landlords, the headline reform is the abolition of Section 21 notices – commonly known as “no-fault” evictions.
While the changes formally take effect from May 2026, the practical impact is already being felt. Deadlines, procedural changes and stricter requirements mean that landlords need to act carefully and decisively.
Understanding how these reforms affect your ability to regain possession of your property is essential – and taking early legal advice can help you avoid costly mistakes or missed opportunities.
What is Section 21 and why is it being abolished?
A Section 21 notice has historically allowed landlords to regain possession of a property without needing to prove fault on the part of the tenant. Provided the correct procedure was followed, it has been one of the most straightforward routes to recovering a property.
However, under the new legislation, this route is being removed entirely.
The government’s aim is to provide tenants with greater security by ending no-fault evictions and moving away from assured shorthold tenancies. In their place, most private tenancies will become assured tenancies, meaning landlords will need to rely on specific legal grounds to recover possession.
For landlords, this represents a fundamental shift. Regaining possession will no longer be a largely procedural exercise – it will require a more structured, evidence-based legal approach.
What happens to existing Section 21 notices and claims?
The abolition of Section 21 does not mean that all existing notices immediately become invalid – but strict conditions apply.
If a valid Section 21 notice is served before the legislative changes take effect, it may still be possible to proceed with possession. However, landlords must act within defined timeframes to start proceedings. Missing these deadlines can mean losing the ability to rely on that notice entirely.
Even where a notice has been correctly served, the process does not end there. Possession proceedings must be properly initiated, and delays – particularly given anticipated court backlogs – can affect outcomes.
In practical terms, this creates a narrowing window for landlords who may be considering using Section 21. Acting too late, or making an error in the process, could mean losing access to this route altogether.
What if your Section 21 notice is invalid?
One of the most important – and often overlooked – issues is the validity of a Section 21 notice.
To be valid, a notice must comply with a range of legal requirements, including:
- Use of the correct prescribed form
- Proper protection of the tenant’s deposit
- Service of key documents such as gas safety certificates and EPCs
- Compliance with all statutory obligations throughout the tenancy
Historically, if a notice was found to be invalid, a landlord could often correct the issue and serve a new one. That safety net is effectively being removed.
Once Section 21 is abolished, an invalid notice cannot simply be reissued. Instead:
- The landlord will be unable to rely on Section 21
- The tenancy will continue under the new assured tenancy framework
- The landlord will need to pursue possession using alternative legal grounds
This significantly raises the stakes. A seemingly minor technical error could result in months of delay and additional legal costs.
What replaces Section 21? Moving to Section 8 grounds
Following the abolition of Section 21, landlords will need to rely on Section 8 notices to regain possession.
Unlike Section 21, Section 8 is a fault-based process. This means landlords must demonstrate a valid legal ground for possession, such as:
- Rent arrears
- Anti-social behaviour
- Breach of tenancy terms
- Intention to sell the property or move back in (subject to specific conditions)
Some grounds are mandatory, meaning the court must grant possession if proven. Others are discretionary and depend on the court’s assessment of the circumstances.
This shift introduces greater complexity. Landlords will need to:
- Select the correct ground(s)
- Provide sufficient evidence
- Follow the correct procedure at every stage
Errors in any of these areas can weaken a claim or lead to delays. As a result, professional legal support becomes far more important than under the previous system.
How landlords should prepare now
Although the changes formally take effect in May 2026, the preparation window is already limited – and in some cases, shorter than landlords expect.
There are several key considerations:
- Timing is critical – there is a final window to serve Section 21 notices, but strict deadlines apply to starting possession proceedings. In many cases, landlords will have less time than the traditional six-month period
- Documentation must be in order – any missing or incorrect paperwork could invalidate a notice, with no opportunity to correct it later
- Decisions need to be made early – waiting too long could remove the option of using Section 21 altogether
- Court delays are likely – an increase in claims before the deadline may lead to backlogs, extending timelines
Given these factors, attempting to manage the process without legal guidance carries significant risk. What may appear to be a straightforward notice can quickly become problematic if not handled correctly.
Seeking advice at an early stage allows you to:
- Assess whether Section 21 is still a viable option
- Ensure compliance with all legal requirements
- Decide whether an alternative route, such as Section 8, is more appropriate
- Avoid delays that could impact your ability to regain possession
How Burys Solicitors can help landlords navigate the changes
The abolition of Section 21 marks a fundamental change in how landlords manage tenancies and regain possession of their property.
At Burys Solicitors, we support landlords at every stage of this transition, including:
- Reviewing tenancy agreements and compliance documents
- Advising on whether and when to serve notice
- Preparing and serving valid Section 21 notices where appropriate
- Advising on Section 8 grounds and strategy
- Handling possession proceedings and enforcement
Our approach is focused on protecting your position, minimising delays and ensuring that the correct process is followed from the outset.
Speak to a solicitor before it’s too late
With the legal landscape changing and deadlines fast approaching, taking the wrong step – or delaying action – could have significant consequences for landlords.
If you are considering evicting a tenant or are unsure how the abolition of Section 21 affects you, now is the time to seek advice.
Contact Burys Solicitors today to discuss your situation and find out how we can help you regain possession of your property efficiently and in full compliance with the law.