What replaces Section 21 "no-fault" evictions for landlords?

Full answer

The abolition of Section 21 marks one of the most significant changes to the private rented sector in England for decades, fundamentally shifting the balance between landlords and tenants around ending a tenancy. **What Section 21 previously allowed** Section 21 of the Housing Act 1988 previously allowed landlords to regain possession of a rented property at the end of a fixed term (or during a periodic tenancy, with appropriate notice) without needing to give any reason or prove fault on the tenant's part, provided the correct notice period and procedural requirements (such as protecting the tenant's deposit correctly, providing certain prescribed information) were met. This gave landlords a straightforward, low-friction way to end a tenancy, but was widely criticised for enabling "revenge evictions" and creating housing insecurity for tenants. **The shift to an all-periodic tenancy system** Under the reformed system, assured shorthold tenancies with fixed terms are being replaced by a single system of periodic tenancies with no fixed end date -- tenancies simply continue until either the tenant gives notice to leave, or the landlord successfully uses one of the specific Section 8 grounds for possession. **Key Section 8 grounds landlords can use instead** Grounds available to landlords include (among others): substantial rent arrears (a mandatory ground once arrears reach a specified level); the landlord or a close family member wanting to move into the property as their main home; the landlord wanting to sell the property; and significant breach of tenancy terms or anti-social behaviour by the tenant. Some grounds are "mandatory" (the court must grant possession if the landlord proves the ground applies) while others are "discretionary" (the court has to weigh whether it is reasonable to grant possession even if the ground is technically met). **New restrictions on the "moving in" and "sale" grounds** To prevent landlords misusing these grounds purely to remove a tenant they simply want to replace, new restrictions typically apply -- such as a minimum period the landlord must have owned/let the property before using certain grounds, a required minimum notice period, and a restriction preventing the landlord from re-letting the property to new tenants for a specified period if they used the "moving in" or "sale" ground but then did not actually follow through. **What this means practically for landlords** Landlords lose the option of a simple, no-reason route to end a tenancy and must instead identify which specific ground genuinely applies to their situation, gather appropriate evidence (such as proof of intention to sell, or evidence of rent arrears), and follow the correct notice and court process for that ground -- this generally makes ending a tenancy slower and requires more careful planning than under the old Section 21 system. **Worked example** A landlord wants to sell a rental property with sitting tenants. Under the new system, they must use the specific "landlord wants to sell" ground, giving the required minimum notice period and being unable to simply serve a blanket no-reason notice as they could have done previously under Section 21. If they use this ground but then, after the tenant leaves, decide not to sell and instead re-let the property to new tenants within the restricted period, this could expose the landlord to financial penalties and tenant complaints for misusing the ground. **Practical tip** Landlords planning to end a tenancy for a genuine reason (sale, moving in a family member, etc.) should keep clear evidence supporting that ground from the outset, and seek specialist advice on the correct grounds and notice procedure, since using the wrong process or insufficient evidence can result in a possession claim being unsuccessful or delayed.

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