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Duncan Lewis, Legal News Solicitors, No-Fault Evictions Are Ending - What Tenants Need to Know
Major changes to England’s private rental sector are now firmly on the horizon. The Renters’ Rights Act will abolish Section 21 “no-fault” eviction in one of the most significant shifts in housing law in decades.
In our latest video, Duncan Lewis housing experts explain what these changes mean in practice for tenants, and how to prepare.
What is changing?
Section 21 currently allows landlords to evict tenants without giving a reason, provided they follow the correct process. Once the new legislation comes into force on May 1, this will be outlawed entirely.
In its place, all private tenancies will move to a single system of periodic (rolling) tenancies. Landlords will only be able to recover possession using specific legal grounds under Section, meaning they must provide a clear and lawful reason to evict.
What does this mean for tenants?
For tenants, the abolition of Section 21 is intended to provide greater security and stability.
Without the threat of a “no-fault” eviction, tenants should feel more confident:
- challenging poor housing conditions,
- raising complaints, and
- negotiating rent increases.
Additional protections are also expected under the new system:
- The rent arrears threshold for mandatory eviction will increase (from two months to three months).
- Notice periods for rent arrears cases will be extended, giving tenants more time to address any issues.
However, it is important to understand that eviction will still be possible. Landlords will be able to rely on strengthened Section 8 grounds and other grounds, including where they intend to sell the property or move in themselves—subject to stricter conditions and longer notice periods.
What does this mean for landlords?
For landlords, the removal of Section 21 represents a fundamental shift.
Landlords can no longer ask tenants to leave without giving a reason. Instead, they must rely on the legal grounds for possession. This means:
- landlords must have a clear and lawful reason to evict (for example rent arrears or needing to move into the property); and
- in some cases, they may need to go through the court process to regain possession.
There will also be transitional provisions. If a valid Section 21 notice is served before the new law comes into force on May 1, landlords are expected to have a limited window in which to begin possession proceedings under the current rules.
Challenges and what to expect next
A key concern is the increased pressure on the courts. With all possession claims now proceeding under the grounds-based regime, cases are likely to take longer unless the court system is given more resources and staff. The government has acknowledged this and indicated that reforms to the court system will be necessary before the changes are fully implemented.
In the meantime, both tenants and landlords should stay informed and seek advice early, particularly where possession action is being considered.
Watch our video
“No Fault Evictions Are Ending – What Tenants Need to Know”
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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