Understanding the Abolition of ‘No-Fault’ Evictions under the Renters’ Rights Act 2025
Summary: The Renters’ Rights Act 2025 abolishes Section 21 ‘no-fault’ evictions in England, requiring landlords to rely on specific legal grounds to regain possession of their properties. This significant reform introduces new possession grounds under an expanded Section 8 framework and will be phased in following Royal Assent on 27 October 2025.
Introduction to the Renters’ Rights Act 2025
The Renters’ Rights Act 2025 represents one of the most substantial changes to England’s private rented sector since the Housing Act 1988. Central to this legislation is the abolition of Section 21 ‘no-fault’ evictions, which previously allowed landlords to regain possession of a property without providing a reason. This reform aims to enhance tenant security by removing the ability to evict tenants arbitrarily, while also reshaping how landlords manage tenancies and pursue possession through the courts.
What Has Changed: Ending Section 21 ‘No-Fault’ Evictions
Historically, Section 21 of the Housing Act 1988 enabled landlords to end an Assured Shorthold Tenancy (AST) by serving at least two months’ notice without needing to state a reason. This provision offered landlords flexibility and a straightforward route to repossession, reducing the risk of lengthy disputes.
With the enactment of the Renters’ Rights Act 2025, Section 21 has been abolished entirely. All tenancies will now effectively become open-ended periodic contracts. Landlords must rely on specific statutory grounds under a revised and expanded Section 8 framework to regain possession. These grounds include rent arrears, anti-social behaviour, breaches of tenancy terms, or legitimate reasons such as selling the property or moving back in.
This change is designed to provide tenants with greater housing stability and to reduce arbitrary or retaliatory evictions. However, it also introduces more administrative and legal complexity for landlords, who must ensure possession notices are legally justified and supported by evidence.
Implications for Landlords: New Grounds for Possession and Planning Ahead
The abolition of no-fault evictions significantly alters how landlords manage tenancy risks. Landlords can no longer end tenancies simply because they wish to sell or repossess the property for personal use without meeting the new legal criteria.
Key updates to possession grounds include:
- Ground for sale or landlord’s reoccupation: Landlords may regain possession if they intend to sell or move into the property, provided the tenancy has lasted at least six months. This requires genuine evidence of intention.
- Persistent arrears ground: Strengthened provisions allow eviction if tenants repeatedly fall into arrears, even if they subsequently clear the balance.
- Anti-social behaviour ground: The threshold of proof has been lowered, making it easier to evict tenants causing nuisance or damage.
- Serious breach grounds: Enhanced provisions target unlawful subletting and criminal use of the property.
Landlords should anticipate longer notice periods, potential court delays, and increased evidential requirements. Maintaining a comprehensive tenancy file—including rent payment records, inspection notes, and written communications—will be essential to support possession claims.
Practically, landlords should:
- Review and update tenancy agreements to reflect the new periodic tenancy model.
- Keep thorough records of any breaches or arrears.
- Budget for legal advice and representation, especially if possession proceedings become contested.
- Consider insurance products covering legal expenses and rent protection.
Implementation Timeline: Royal Assent and Phased Commencement
The Renters’ Rights Act 2025 received Royal Assent on 27 October 2025, formally becoming law. However, the abolition of Section 21 will be introduced gradually through commencement regulations. This phased approach allows landlords, letting agents, and courts time to adjust to the new legal framework.
The government plans for the new rules to apply initially to new tenancies, with existing tenancies transitioning over a defined period. There may be a limited period during which Section 21 notices can still be used for existing ASTs, depending on the final regulations.
Members of the British Landlords Association (BLA) should consider this a critical transition phase. Landlords entering new tenancies after Royal Assent should prepare to comply with the new rules, as retrospective application may occur with short notice.
Awaiting Further Details: Commencement Regulations and Transitional Arrangements
As of now, the exact commencement date for the abolition of Section 21 has not been announced. The Secretary of State will issue secondary legislation specifying when the ban takes effect and detailing how existing tenancies will convert to periodic tenancies.
These regulations will clarify:
- The duration landlords may continue to use Section 21 notices for existing ASTs.
- The required format of new tenancy agreements.
- Any mandatory notice templates or procedural requirements under the revised Section 8 process.
- The date from which all repossessions must comply with the new framework.
Until these details are published, landlords should continue to comply with current legislation but prepare for upcoming changes. The BLA Legal Team advises against serving unnecessary Section 21 notices during this interim period, as transitional provisions may override them once the new rules commence.
Recommended Actions for British Landlords Association Members
The British Landlords Association suggests the following steps to ensure compliance and minimise risk under the Renters’ Rights Act 2025:
- Stay informed: Follow BLA legal updates for official commencement dates and new prescribed forms.
- Audit tenancy portfolios: Identify tenancies requiring conversion to periodic status and update documentation accordingly.
- Update tenancy agreements: Replace outdated AST templates with BLA-compliant forms when available.
- Prepare for evidence-based possession claims: Maintain detailed records of rent arrears, communications, and inspections.
- Engage with tenants early: Open dialogue can often resolve disputes before court action is necessary.
- Participate in landlord training: The BLA will provide guidance on serving Section 8 notices and evidencing possession grounds.
By taking these measures, landlords can navigate the transition to a more regulated rental market with confidence and legal compliance.
Frequently Asked Questions
What does the abolition of Section 21 mean for landlords?
It removes the ability to evict tenants without cause, requiring landlords to rely on specific legal grounds under Section 8.
Can landlords still regain possession to sell or move in?
Yes, but only under the revised Section 8 grounds and with sufficient evidence of genuine intention.
When does the new law take effect?
The Act became law on 27 October 2025, but the exact enforcement date will be set by forthcoming commencement regulations.
Will current tenancies automatically convert?
Yes, existing ASTs will transition into periodic tenancies once the relevant regulations come into force.
What should landlords do now?
Prepare by updating tenancy agreements, maintaining thorough evidence records, and monitoring updates from the British Landlords Association.
Conclusion
The abolition of ‘no-fault’ evictions under the Renters’ Rights Act 2025 marks a significant move towards greater tenant security in England’s private rented sector. Landlords who familiarise themselves early with the new possession grounds, maintain accurate records, and follow guidance from the British Landlords Association will be well placed to manage tenancies effectively and comply with the updated legal framework.
The Landlord Association (TLA)