For years, landlords have been told that Section 21 was going to be scrapped “soon”.
This time, it’s real.
The Renters’ Rights Bill has now passed through Parliament and become the Renters’ Rights Act 2025, after receiving Royal Assent on 27 October 2025.
That Act abolishes Section 21 ‘no-fault’ evictions in England, with the main changes kicking in on 1 May 2026.
So you’re now in a strange in-between world:
- The old Section 21 system still exists today (But we already know exactly when it ends). And the new system, from which point, you’ll only be able to regain possession using Section 8–style “grounds” instead.
If you’re thinking about selling, exiting the market, or just tightening up your portfolio, you cannot afford to ignore that timetable.
This article will walk you through:
- What Section 21 is (and how it works right now)
- What the Renters’ Rights Act actually changes — in plain English
- Key dates you need to know as a landlord
- Why selling a tenanted property is about to get even harder
Let’s start with the basics.
What Is Section 21 – And Can You Still Use It?
Section 21 of the Housing Act 1988 is the mechanism that lets landlords in England and Wales end an Assured Shorthold Tenancy (AST) without giving a reason.
That’s why it’s called a “no-fault eviction”.
You don’t need to prove:
- Rent arrears
- Damage to the property
- Breach of tenancy
You simply want the property back, for example, to sell it or move back in yourself, and as long as you follow the rules, a court will grant possession.
The current rules (up to 30 April 2026)
Until the new regime bites, the current framework still applies:
- You must give at least 2 months’ notice
- You generally serve notice after the fixed term ends or during a periodic tenancy
- The notice has to be on the correct form (currently Form 6A) and properly served
- You must have given the tenant:
- A valid Energy Performance Certificate (EPC)
- A current Gas Safety Certificate
- The latest “How to Rent” guide
If you’ve missed any of these, your notice can be invalid and you may have to start again.
On top of that, the Renters’ Rights Act 2025 and government guidance now make one critical point very clear:
Landlords can continue to serve valid Section 21 notices up to 30 April 2026.
After that, the route closes for new cases.
What happens if you serve before the deadline?
The Act and specialist commentary confirm there are transitional rules for landlords who act before the cut-off:
- If you serve a valid Section 21 notice before 1 May 2026, the tenancy can carry on as an AST for the purpose of those proceedings
- You must normally issue your possession claim in court by a fixed back-stop date
- Possession cases already in the system before 1 May 2026 can continue under the old rules
In plain English:
If you’re going to use Section 21, you have a hard deadline to serve, and a limited window afterwards to actually push the claim through the courts.
Miss those windows, and you’ll be under the new regime like everyone else.
What Does the Renters’ Rights Act 2025 Actually Change?
The short version?
For you as a landlord, there are three headline shifts.
1. No More Assured Shorthold Tenancies (ASTs)
From the commencement date:
- ASTs are abolished
- All “short term” residential tenancies become assured periodic tenancies by default
- Existing fixed-term ASTs will convert into periodic tenancies under the new framework
In other words, the standard model becomes an open-ended rolling tenancy, usually monthly, with no fixed end date built in.
Tenants gain stronger security of tenure.
You basically lose the “wait for the fixed term to end and serve notice” option.
2. Section 21 ‘No-Fault’ Evictions Are Being Abolished
The Act removes the Section 21 route entirely once the new regime goes live.
From the go-live date (currently expected to be 1 May 2026):
- You cannot start a new possession claim using Section 21
- Instead, you must rely on Section 8 grounds for possession (more on those in the next section)
- The only way to end most tenancies will be by:
- The tenant giving notice, or
- You proving a valid legal ground under Section 8
3. Tougher Framework Around Rent, Contracts and Conduct
Alongside the structural changes, the Act also tightens up how you can manage rent and who you can let to. Key points include:
- Rent rises limited to once per year, with at least two months’ notice and the ability for tenants to challenge excessive increases via tribunal
- Ban on “bidding wars” – you cannot play tenants off against each other by inviting offers above the advertised rent
- Cap on upfront rent – typically no more than one month in advance, outside of a deposit
- A ban on blanket refusals of tenants on benefits or with children
- Stronger rights for tenants to keep pets where it’s reasonable.
What this means in practice
- You’ll soon lose the simple, predictable Section 21 route
- All evictions will become slower, more expensive, and involve court cases
- And any decision to sell or exit will need to be planned around evidence-based Section 8 grounds, not just “I’d like the property back now”
Next, we’ll get into how you’ll actually regain possession in future: the new Section 8 grounds and what they mean if you want to sell or move back in.
What Replaces Section 21? The New Section 8 Landscape
Once Section 21 is switched off, your only real route to regain possession will be Section 8.
Unlike Section 21, Section 8 is ground-based. You have to prove in court a specific legal reason for possession if the tenant doesn’t leave voluntarily.
The Renters’ Rights Act doesn’t leave landlords completely exposed – it reshapes and strengthens the grounds you can rely on.
Here’s what matters most if you’re thinking about selling or changing how you use the property.
Key Grounds for Possession Under the New Regime
The exact wording sits in the Act and regulations, but in broad terms, you’ll be able to seek possession where:
- You want to sell the property
This is one of the most important changes. Previously, “I want to sell” wasn’t a clean ground in its own right. Going forward, there will be a specific ground that lets you seek possession so you can sell with vacant possession. - You (or close family) want to move in
You’ll have a dedicated ground where you or a close family member intend to live in the property as a home. This is particularly relevant for small landlords or “accidental” landlords who may decide to exit the rental market. - Serious or repeated rent arrears
The arrears grounds will be tightened and clarified. If a tenant falls into serious, persistent arrears, courts will be under more pressure to grant possession – although you’ll still need evidence and a proper paper trail. - Anti-social behaviour or serious breach
Anti-social behaviour, criminality or significant breach of tenancy will remain grounds for possession, with some adjustments to make them easier to operate in practice. - Substantial redevelopment or major works
If you genuinely need the property empty to carry out extensive works that can’t reasonably happen with a tenant in situ, you’ll have a ground to rely on.
On paper, that all sounds balanced.
In reality, Section 8 comes with three big drawbacks compared to the old Section 21 route:
- You need evidence and proper documentation
- Tenants can defend and delay claims in court relatively easily
- You have far less control over timing
So if you’re planning a sale (or any other ground for eviction) you’re no longer in charge of the calendar – the court and the tenant are.
No matter which ground you use, the matter will end up in court, the outcome will not be certain, and any new section 8 process via the courts will cost landlords more overall vs the section 21 route.
The Growing Headache of Selling a Tenanted Property
Even before the new law, selling with tenants in place wasn’t easy.
Now, with Section 21 on a countdown timer and Section 8 becoming your default route, the risks are cranked up another notch.
You can’t confidently tell a buyer: “You’ll have vacant possession on X date.”. You can’t confidently know that the courts will rule in your favour either. Tenants will be able to play games with you.
For example, under the new rules a tenant must be 3 or more months in rent arrears. But if the tenant pays a small amount of rent on the day of the court hearing, so that they are in 2.999 months of rent arrears instead of the full 3-months, your case will be thrown out.
Now, let’s say they stop paying rent again, you’ll need to apply for a hearing all over again which could take another 6 months potentially (if courts are backlogged).
When you add it all up, if a bad tenant, plays the system perfectly in their own favour, they could avoid paying rent for a year or more, while still living in the property legally. All while you’re paying the lender their monthly dues.
Most Residential Buyers Want Vacant Possession
Owner-occupiers and many lenders don’t want sitting tenants.
So if you try to sell on the open market with tenants:
- Your buyer pool shrinks dramatically
- The offers you do receive are often from investors looking for a discount
- You’re negotiating from a position of weakness, not strength
You either accept a lower price now, or face a long delay trying to secure vacant possession under the new regime.
The Simple Alternative: Sell Directly to Us
If all of that sounds like a headache you’d rather not have, there is a cleaner option:
Sell directly to a specialist cash buyer like Property Rescue, with your tenants still in place.
No Section 21. No Section 8. No courts. No chains.
Here’s what that looks like in practice.
We Buy With Tenants Still in Place
You don’t need to evict first.
We regularly buy properties:
- With long-term tenants
- With tenants in arrears
- With tenants who may be difficult or uncooperative
We factor that into our offer and deal with the legal process and tenant management ourselves after the sale completes.
You walk away with a guaranteed cash sum, mortgage lender paid and happy – without having to serve a single notice.
Fast, Certain Timescales
Because we’re genuine cash buyers, not brokers:
- There’s no mortgage application to worry about
- No dependence on a chain
- And no risk of buyer’s lender getting cold feet at the last moment
We can:
- Give you a cash offer quickly
- Exchange contracts in as little as 48 hours in some cases
- Complete on a date that works for you – whether that’s days, weeks or a bit further out
You know where you stand. And you know when you’ll be out.
No Fees, No Hidden Costs
With us, you don’t:
- Pay estate agency fees
- Pay legal fees for the sale
- Pay for marketing, photography or endless viewings
If you are thinking of selling up, now if the time to act. Sell your property or entire portfolio to us quickly and easily.
