Section 21 Is Gone: How Landlords Regain Possession Now
The single biggest change to renting in England in a generation has now landed: Section 21 "no-fault" evictions have been abolished under the Renters' Rights Act. For decades, a landlord could end an assured shorthold tenancy without giving a reason, simply by serving the right notice at the right time. That route has now closed. If you let property in England, how you get your property back has fundamentally changed — and the paperwork you keep now matters more than ever.
What actually changed
The reforms did two big things at once. First, the old fixed-term assured shorthold tenancy is being replaced by a single system of periodic (rolling) tenancies — there is no longer a fixed term that automatically renews or ends. Second, the "no-fault" Section 21 notice that landlords relied on to regain possession has been removed. The transition ran through 2026: new tenancies moved to the reformed rules first, existing tenancies followed, and the window to start a possession claim under the old Section 21 rules has now passed. This is only the first phase of the Act — for what comes next and when, see our Renters' Rights Act timeline, and for the everyday operating rules already in force alongside it (rental bidding, rent increases and "No DSS"), the three things landlords can't do any more.
Dates and the fine detail of the transition are set by government and have moved more than once, so treat any specific deadline you read online with caution and confirm the current position on GOV.UK before you act. The direction of travel, though, is settled: you can no longer end a tenancy without a legal ground.
Possession now runs through Section 8
With Section 21 gone, regaining possession means using the Section 8 route — serving notice on one or more specific legal grounds. Some grounds are "mandatory" (if you prove them, the court must order possession); others are "discretionary" (the court weighs whether it's reasonable). Broadly, grounds fall into a few families:
- Rent arrears — where the tenant owes a defined amount of rent; note the Act raised the bar on the mandatory arrears ground (broadly three months' arrears now, with a longer notice period), so acting early on arrears matters more than ever.
- Breach of tenancy — anti-social behaviour, damage, or other breaches of the agreement.
- Landlord's circumstances — for example wanting to sell, or to move yourself or a close family member in, subject to conditions and, in some cases, restrictions on re-letting.
The exact grounds, the notice periods and the evidence each one needs are set out in law and can change, so check the current list on GOV.UK rather than relying on how things worked before. The key mindset shift is this: every possession case now needs a reason you can prove, not just a correctly dated notice.
What this means in practice
For most landlords with reliable tenants, day-to-day life doesn't change much — you were never going to evict a good tenant for no reason. The change bites when something goes wrong and you need your property back. In that moment, three things decide how smoothly it goes: whether you have a valid legal ground, whether you served notice correctly, and whether your compliance paperwork is watertight. The first two are about process; the third is about the records you've been keeping all along.
That last point is where a lot of landlords are exposed. A missing Gas Safety Certificate (CP12), an expired EICR, or a deposit that wasn't protected with the correct prescribed information served on time won't just cost you a fine — it hands the other side an argument at exactly the wrong moment. In a world without the no-fault safety net, sloppy record-keeping is a much more expensive habit.
What landlords should do now
- Stop relying on Section 21. If your plan for regaining possession was "just serve a Section 21," you need a new plan built around Section 8 grounds and clean evidence.
- Get your compliance paperwork current and provable. Gas safety, electrical (EICR), EPC, deposit protection and prescribed information, Right to Rent — every one should be in date, and you should be able to lay hands on the evidence in minutes.
- Keep dated records of everything. Rent statements, correspondence, inspection notes and notices — the more of your case is documented as it happens, the stronger your position later.
- Understand the grounds before you need them. Read the current Section 8 grounds on GOV.UK now, so you know which ones fit your situation and what notice each requires.
- Get advice for a contested case. Possession is now more procedural. For anything disputed, take proper legal advice early rather than risk a claim being thrown out on a technicality.
None of this is a reason to panic — it's a reason to get organised. The landlords who cope best with the end of Section 21 will be the ones whose paperwork was already in order. If you're not sure yours is, this is the moment to fix it, well before you ever need to prove it. It's also worth understanding how these changes connect to the coming PRS National Database, which will expect the same certificates to be in place for every registered property.
There's added urgency to getting this right, because the courts are slow. With no-fault gone and every claim now hinging on a proven ground, a defect that gets your case delayed or dismissed is far more costly than it used to be — possession is taking longer than it has in years, so a struck-out claim can mean many more months without your property. Airtight paperwork is the one part of that timeline you fully control.
Keep every certificate ready to prove
LandlordProof stores your gas, electrical, EPC, deposit and tenancy records per property and reminds you before anything lapses — so if you ever need to regain possession, your compliance evidence is current and in one place. Free for your first property.
Start free →General guidance for UK landlords, not legal advice. The Renters' Rights Act reforms, the Section 8 grounds, notice periods and transition dates are set by government and are changing — always verify the current rules and timings at GOV.UK, and take professional advice before serving notice or starting possession proceedings.