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Section 21 set to be scrapped – what landlords must know now


From as early as this autumn, UK landlords could lose their ability to evict tenants using Section 21 – the so-called ‘no-fault’ route – as the Renters’ Rights Bill edges closer to becoming law in the House of Lords.

If the legislation passes in its current form, landlords in England will need to follow a revised Section 8 procedure to regain possession, citing legal grounds and, in most cases, attending court. The change marks a significant shift in how private tenancies will be managed and terminated.

Landlords face longer processes and higher risks
Section 21, which currently allows landlords to serve a two-month notice without providing a reason, has long been relied upon by responsible property owners to manage their portfolio flexibly and fairly. While often framed as a tool for abuse, many landlords argue it’s essential for maintaining income security and managing their assets responsibly.

Allison Thompson, National Lettings Managing Director at Leaders, stated: “Many landlords have used Section 21 simply as a straightforward, legally accepted way to end a tenancy when needed. The majority of landlords are fair and reasonable, and ending tenancies without good cause is rare.”

If the Renters’ Rights Bill passes, landlords will no longer be able to use the accelerated process. Instead, they must:

  • Prove a valid legal ground under Section 8
  • Navigate longer notice periods
  • Attend a court hearing if the tenant contests the notice

And that’s not all. Thompson warned: “The process will almost certainly take longer, especially where court hearings are required.” With an already backlogged court system, landlords fear they could be left in limbo for months – particularly problematic in rent arrears or antisocial behaviour cases.

The end of accelerated possession
For many landlords, the practical implications are severe. The accelerated possession route under Section 21 has been a vital tool for small landlords – the backbone of the UK rental sector – who rely on timely rent to meet mortgage obligations.

The new regime, however, will require rigorous tenant referencing, thorough affordability checks, and clear, compliant tenancy agreements from the outset. As Thompson put it, “The most effective way to protect income and reduce risk is to ensure tenants are a good match from the outset.”

Landlords should also be aware that the most commonly used grounds under Section 8, such as rent arrears, will now carry longer notice periods. Legal experts believe this will increase the financial exposure for landlords already grappling with rising mortgage rates and squeezed yields.

Even minor disputes may now lead to lengthy and costly court battles. The government has yet to confirm any significant investment in the court system to handle the likely increase in caseloads.

A more secure future for tenants – but at what cost?
From the tenant’s side, the changes offer increased security and a longer runway to find alternative accommodation. For tenants with no breaches, the minimum notice period is expected to extend to four months.

The government argues this will lead to a more stable private rented sector. But critics say that driving landlords out of the market by removing flexibility could actually lead to higher rents and fewer available homes.

With rising compliance burdens and declining control, some landlords are already considering exiting the market. In cities like Manchester and Brighton, local letting agents have reported a spike in landlord instructions to sell, driven partly by proposed reforms.

LRG is already helping landlords prepare. “Our lettings teams are reviewing tenancy processes, updating legal documentation and making sure clients understand how to manage the transition confidently,” said Thompson.

What next for UK landlords?
With the Renters’ Rights Bill not yet law, landlords still have time to prepare. Now is the moment to:

  • Review and update all tenancy agreements
  • Sharpen referencing and affordability checks
  • Get familiar with the new Section 8 grounds and procedures
  • Factor in potential court delays and legal costs
  • Work closely with managing agents or legal professionals

As the bill inches forward, one question hangs in the air: without Section 21, can landlords still operate effectively in the private rented sector? Or are we looking at a slow, quiet exodus of property investors, weary of policies that erode their ability to act decisively?

 

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