What specifically replaces Section 21 eviction for landlords once abolished, and how will regaining possession for personal use be handled under the new rules?

Quick Answer

The Renters' Rights Bill scraps Section 21, enhancing Section 8 with new mandatory possession grounds for landlords with valid reasons like selling or personal use.

## Understanding the New Possession Grounds Post-Section 21 Abolition From 1 May 2026, Section 21 'no-fault' evictions are abolished in England under the Renters' Rights Act 2025. This means landlords can no longer issue a notice to tenants to end an assured shorthold tenancy without providing a specific, legally valid reason. The primary mechanism for regaining possession will shift entirely to Section 8 of the Housing Act 1988, which has been significantly expanded and modified to cover various scenarios, including personal use by the landlord or their family. This legislative change aims to provide greater security for tenants while still offering routes for landlords to repossess their properties under defined circumstances. ### How will regaining possession for personal use be handled under the new rules? Regaining possession for personal use will be handled through a new, mandatory ground under Section 8. This ground allows a landlord to repossess the property if they or a close family member intend to live in it as their main home. Critically, this ground can only be used after the first two years of a tenancy. This two-year period is designed to protect tenants from immediate eviction for this reason shortly after moving in. Landlords must give at least two months' notice to the tenant, and the court must grant possession if the ground is proven, as it is a mandatory ground. This means the court has no discretion to refuse possession once the conditions are met. ### What are the new and modified Section 8 grounds for possession? The Renters' Rights Act 2025 introduces several new and modified Section 8 grounds to replace the functionality previously offered by Section 21. These include: * **New Mandatory Ground for Landlord/Family Occupation:** As discussed, this allows repossession for the landlord's or a family member's main home after two years of tenancy, requiring two months' notice. This specific ground addresses the need for landlords to occupy their own property, something previously covered implicitly by Section 21. * **New Mandatory Ground for Sale of Property:** If the landlord wishes to sell the property, they can use this new mandatory ground. This will also be subject to a minimum notice period, likely two months, and can only be invoked after the initial six months of the tenancy, ensuring some stability for tenants. This provides a clear path for landlords who genuinely need to divest their asset. * **Existing Grounds for Rent Arrears:** The existing mandatory grounds for rent arrears (Ground 8) have been strengthened. If a tenant is in at least two months' rent arrears at the time of serving notice and at the court hearing, possession will be granted. This remains a crucial tool for landlords facing non-payment. * **Repeated Serious Arrears:** There is also a new discretionary ground for 'repeated serious arrears,' where tenants consistently fall into arrears, even if they catch up before reaching the mandatory threshold. This addresses a common frustration for landlords dealing with unreliable payers. ### What are the notice periods and court processes? Under the new regime, notice periods will vary depending on the ground for possession. For the new mandatory grounds like landlord occupation or sale, a minimum of two months' notice is typically required. For rent arrears, the notice period is usually shorter, often two weeks. Once notice is served and expires, if the tenant has not vacated, the landlord must apply to the county court for a possession order. The court process will involve a hearing where the landlord must prove the grounds for possession. Because many of the new grounds are mandatory, once proven, the court must grant the order. This is a crucial distinction from discretionary grounds, where the court can consider various factors. ### What are the implications for landlords considering property disposal? For landlords considering selling their property, the new mandatory ground for sale provides a clear, albeit notice-period-bound, route to regain possession. Previously, Section 21 allowed landlords to sell with vacant possession without proving a specific intent to sell, which made the process simpler. Now, landlords must genuinely intend to sell, and demonstrate this if challenged. An example could be a landlord selling a two-bedroom flat in Manchester for £200,000. Under the old rules, a Section 21 notice would suffice. Under the new rules, the landlord must use the Section 8 'sale' ground, giving two months' notice, and may need to provide evidence of marketing the property for sale if the tenant disputes the claim in court. Another scenario is a landlord with a HMO in Birmingham, selling for £350,000. They would now need to use the specific sale ground, potentially delaying the process if a tenant remains in place during the notice period, impacting the speed of sale compared to a vacant property sale.

Steven's Take

The abolition of Section 21 fundamentally changes the risk profile for landlords. You need to be acutely aware of the new mandatory grounds and their respective notice periods. The two-year lock-in for landlord personal use and sale grounds means you can't make immediate changes to your strategy. This demands a longer-term view for every tenancy and a robust tenant selection process. Understanding the specifics of the new Section 8 is now non-negotiable for portfolio planning.

What You Can Do Next

Review the full text of the Renters' Rights Act 2025: Search 'Renters' Rights Act 2025' on gov.uk for the official legislation and guidance.
Update your tenancy agreements and landlord procedures: Consult with a property solicitor or landlord association (e.g., National Residential Landlords Association - NRLA) to ensure your documents and processes are compliant by May 2026.
Familiarise yourself with the expanded Section 8 grounds: Refer to official government guidance on Section 8 of the Housing Act 1988 as amended, available on gov.uk, to understand each ground's specific requirements and notice periods.

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