Landlords tighten tenant selection after scrapping Section 21 – COHO

The abolition of Section 21 eviction notices under the Renters’ Rights Act has prompted UK landlords to adopt a more cautious approach when selecting tenants. This legislative change, which came into force on 1 May 2026, has led to a notable increase in eviction notices issued prior to its implementation, reflecting landlords’ concerns about managing tenancy risks without the previous no-fault eviction mechanism.

Impact of Removing Section 21 on Landlord Behaviour

Section 21 previously provided landlords with a straightforward legal route to regain possession of their rental properties without needing to establish fault on the part of the tenant. Its removal means landlords can no longer rely on this “no-fault” eviction process, which has altered how they assess potential tenants. According to research by COHO, a property management platform, landlords are now more selective, prioritising tenants who demonstrate reliability in rent payments and tenancy conduct to mitigate the increased difficulty in regaining possession.

The research highlights that landlords are not seeking perfect tenants but are instead focusing on reducing risk. Without the safety net of Section 21, landlords face longer and more complex procedures to address serious rent arrears or anti-social behaviour, which can extend over several months. This has led some landlords to issue eviction notices proactively before the legislation took effect, aiming to manage potential risks under the new legal framework.

Trends in Eviction Notices Before and After the Legislation

Data indicates a significant rise in Section 21 eviction notices in the period leading up to the Renters’ Rights Act’s commencement. Prior to the Act’s passage, Section 21 evictions accounted for approximately 5.7% of all eviction notices. This figure increased to over 8% following the initial announcement of the legislation, stabilised briefly, then rose again to 11.4% after the general election.

In the weeks immediately preceding the Act’s implementation on 1 May 2026, Section 21 notices surged dramatically, peaking at 27.1%. This spike suggests landlords were seeking to regain possession under the old rules before the new restrictions took effect. The overall increase in eviction activity reflects landlords’ efforts to adjust to the changing legal environment and manage tenancy risks proactively.

Challenges for Landlords Without No-Fault Evictions

The removal of Section 21 means that landlords must now rely on fault-based grounds to regain possession, such as rent arrears or breaches of tenancy terms. This shift introduces greater complexity and potential delays in possession proceedings, which may discourage some landlords from taking on tenants perceived as higher risk. The extended timescales and increased legal requirements can also result in higher costs and administrative burdens for landlords and letting agents.

Despite these challenges, many landlords continue to work with tenants experiencing difficulties, such as temporary arrears, in the hope of resolving issues amicably. The absence of a straightforward no-fault eviction route encourages a more collaborative approach but also requires landlords to be vigilant and proactive in tenancy management to safeguard their investments.

Potential Market-Wide Implications

The increased selectivity among landlords could have broader effects on the rental market. Tenants with less stable financial circumstances or previous tenancy issues may find it more difficult to secure rental accommodation. This could contribute to a tightening of the rental market, with landlords favouring applicants who present lower perceived risks.

Additionally, the rise in eviction notices prior to the Act’s enforcement may have caused short-term disruption for some tenants. Over time, the new legal framework is expected to encourage more sustainable tenancies but may also require landlords and agents to adapt their practices, including enhanced tenant referencing and risk assessment procedures.

What this means for landlords

Landlords should recognise that the removal of Section 21 requires a more thorough approach to tenant selection and ongoing tenancy management. Without the option of no-fault evictions, landlords may face longer possession processes if issues arise, making it essential to minimise risk from the outset.

It is advisable for landlords and letting agents to strengthen tenant vetting procedures, including comprehensive referencing and affordability assessments. Maintaining clear communication with tenants and addressing potential problems early can help prevent disputes escalating to eviction proceedings. Landlords should also familiarise themselves with the new legal requirements under the Renters’ Rights Act to ensure compliance and effective risk management.

What TLA members should consider

• Review and enhance tenant referencing and affordability checks to reduce risk exposure.
• Maintain detailed records of tenant communications and any issues arising during the tenancy.
• Familiarise themselves with the Renters’ Rights Act provisions and seek professional advice where necessary.
• Consider proactive tenancy management strategies, including early intervention for rent arrears or behavioural concerns.
• Stay informed about changes in possession procedures and legal requirements through trusted sources such as the TLA Renters’ Rights Act compliance pack.
• Engage with letting agents or property managers who understand the new regulatory landscape and can support risk mitigation.

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