Section 21 cases fell ahead of abolition claim government

The UK government has reported a decline in Section 21 possession claims prior to the formal abolition of no-fault evictions under the Renters’ Rights Act, which came into effect on 1 May 2026. This development is significant for landlords, letting agents and property professionals as it reflects shifting legal frameworks and the evolving landscape of eviction processes in England.

Reduction in Section 21 Possession Claims Before Abolition

Official statistics from the Ministry of Justice reveal that accelerated possession claims in England fell by 12% in the first quarter of 2026 compared to the same period in the previous year. This decline occurred before the Renters’ Rights Act, which abolished Section 21 no-fault evictions, was implemented on 1 May 2026. The government has emphasised that this trend predates the legislation, indicating a reduction in the use of Section 21 notices by landlords ahead of the formal ban.

Labour MP Neil Duncan-Jordan raised concerns about the protections available to tenants who received Section 21 notices shortly before the Act’s commencement. In response, Housing Minister Matthew Pennycook confirmed that no additional tenant protections were introduced for those served with notices prior to the abolition date. Instead, support measures focus on broader homelessness prevention and legal advice services.

Government Support and Homelessness Prevention Funding

The government continues to fund the Housing Loss Prevention Advice Service, which offers free, non-means tested early legal advice to individuals at risk of possession proceedings. This service aims to assist tenants facing eviction by providing timely guidance and support to prevent homelessness.

In addition, local authorities have been allocated £644.17 million through the Homelessness Prevention Grant for the 2025/26 financial year. This represents an increase of £203.8 million compared to the previous year and is intended to bolster services that prevent and respond to homelessness. The government encourages tenants at risk of eviction to seek advice from specialist organisations such as Shelter and Citizens Advice to access tailored support.

Transition to Section 8 Eviction Process Under the Renters’ Rights Act

With the abolition of Section 21 no-fault evictions, landlords must now rely on the Section 8 process to regain possession of their rental properties. This requires landlords to specify a valid ground for eviction, such as rent arrears or breach of tenancy terms, and provide tenants with the appropriate notice period based on the reason cited.

If tenants do not vacate the property within the notice period, landlords may apply to the court for a possession order and, if granted, proceed to obtain an eviction order. This procedural change places greater emphasis on landlords demonstrating legitimate grounds for eviction, aligning with the government’s aim to enhance tenant security while balancing landlords’ rights.

Implications for Possession Claims and Eviction Practices

The reduction in Section 21 claims prior to the Act’s implementation suggests landlords and agents were already adapting to the forthcoming legal changes. This shift necessitates a more evidence-based approach to possession claims, with landlords required to carefully document grounds for eviction and comply with statutory notice requirements under Section 8.

Landlords should be aware that failure to follow the correct legal procedures could result in delays or dismissal of possession claims. The increased reliance on Section 8 grounds may also lead to more contested cases, underscoring the importance of clear communication and thorough record-keeping throughout the tenancy.

What this means for landlords

Landlords must familiarise themselves with the requirements of the Renters’ Rights Act and the Section 8 eviction process, ensuring they have valid grounds before initiating possession proceedings. The abolition of Section 21 means no-fault evictions are no longer an option, which may affect how landlords manage tenancies and address issues such as rent arrears or property damage.

It is advisable for landlords and letting agents to seek early legal advice when considering possession claims to ensure compliance with the new regulations. Additionally, landlords should be prepared for potentially longer and more complex eviction procedures, which may require increased time and resources to resolve.

What TLA members should consider

• Review tenancy agreements and ensure they include provisions aligned with the new legal framework under the Renters’ Rights Act.
• Familiarise themselves with the valid grounds for eviction under Section 8 and the associated notice periods.
• Maintain detailed records of tenant breaches or rent arrears to support possession claims.
• Access early legal advice and support services to navigate possession proceedings effectively.
• Inform tenants about their rights and available support, including advice services such as Shelter and Citizens Advice.
• Utilise resources available through the TLA Academy and legal support hubs to stay updated on compliance requirements and best practices.

TLA Training Academy

The Landlord Association provides structured guidance, compliance education and practical support for landlords, letting agents and property professionals. Members can access training and resources designed to help them stay organised, informed and prepared.

Landlords can explore the Academy here: https://landlordassociation.org.uk/tla-academy/

Those looking to join and access member support can register here: https://landlordassociation.org.uk/get-started-with-the-landlord-association/

TLA update

The Landlord Association is continuing to expand its support, resources and partner network for landlords, tenants, agents and property professionals across the UK. Service providers interested in working with TLA can register their interest here: https://landlordassociation.org.uk/become-a-tla-service-partner/