What Is Replacing Section 21 No Fault Evictions?
Estimated reading time 6 minutes
The abolition of Section 21 has changed the landscape for landlords across England -especially those with buy-to-let investments and tenanted properties.
For years, Section 21 allowed landlords to regain possession without needing to prove tenant fault. But under the Renters’ Rights Act 2025, that process is now gone.
For many landlords, the changes have created uncertainty around selling rental properties, exiting the market, and managing tenants under the new rules.
In this blog, we break down exactly what has replaced Section 21, how the new process works, and what landlords can do if they want to sell a tenanted property in 2026.
What was a Section 21 notice?
A Section 21 notice was the legal tool landlords used to end a tenancy without giving a reason. Introduced under the Housing Act 1988, it became the most common eviction route in the private rented sector.
Once a fixed-term tenancy ended, landlords could usually give tenants at least two months’ notice to leave without needing to prove fault. This became known as a “no-fault eviction”.
Critics argued the system created insecurity for renters and discouraged tenants from reporting poor housing conditions.
From 1 May 2026, new Section 21 notices can no longer be served. Notices issued before that date remain valid only if court proceedings begin before 31 July 2026.
What has replaced Section 21?
Rather than introducing a completely new system, the government replaced Section 21 by expanding the existing Section 8 of the Housing Act 1988.
Instead of serving notice without a reason, landlords must now rely on specific legal grounds for possession. The most relevant for buy-to-let landlords include:
- Ground 1 - you or your spouse need to move into the property as your main home
- Ground 1A - you genuinely intend to sell the property (tenancy must have run for at least 12 months)
- Ground 6 - you need to demolish or carry out major works that require vacant possession
- Ground 7 - the tenant has died, subject to conditions around surviving spouses
- Ground 8 - the tenant is at least three months in rent arrears
- Ground 11 - the tenant persistently pays rent late
- Ground 12 - the tenant has breached a term of the tenancy agreement
- Ground 14 - anti-social behaviour
This means landlords can still regain possession, but they must now provide a valid legal reason.
Why was Section 21 abolished?
The government introduced the Renters’ Rights Act in 2025 to strengthen tenant protections and reduce “no fault” evictions. Previously, landlords could use Section 21 to end Assured Shorthold Tenancies (ASTs) after the fixed term expired, often without giving a reason.
From May 2026, Section 21 notices were officially abolished in England and Assured Shorthold Tenancies (ASTs) were also replaced with Assured Periodic Tenancies (APTs) as standard, giving tenants greater long-term security.
For landlords, this means possession is no longer about convenience, it must now be based on a valid legal reason.
What is a Section 8 notice?
A Section 8 notice (sometimes called a "notice seeking possession") is the formal document you serve on a tenant to begin the eviction process under Section 8 of the Housing Act 1988.
Unlike the old Section 21 notice, the Section 8 eviction notice requires you to state the legal ground you're relying on and, in most cases, provide evidence to support it. From 1 May 2026, it must be served using the new Form 3A. The old Form 3 is no longer valid and using the wrong form voids your claim entirely.
Mandatory vs discretionary grounds
There are now numerous grounds for possession under Section 8, split into two categories.
- Mandatory grounds - courts must grant possession if proven
- Discretionary grounds - courts decide whether eviction is reasonable
For example, Ground 1A (selling the property) is mandatory and Ground 11 (persistent late payment) is discretionary.
How long does a Section 8 eviction take?
A Section 8 eviction can take anywhere from three to six months - and longer in contested cases. Notice periods vary depending on which ground you're using. Ground 1A (intention to sell) requires four months' notice, whereas Ground 8 (serious arrears) requires four weeks. If the court grants the order and the tenant still refuses to leave, you'll need to apply for a Section 8 warrant for eviction, which instructs bailiffs to carry out the eviction.
Section 8 notice periods by ground
| Ground | Reason | Notice Period |
| Ground 1 | Landlord or family member moving in | 4 months |
| Ground 1A | Genuine intention to sell | 4 months |
| Ground 6 | Major works requiring vacant possession | 2 months |
| Ground 7 | Death of tenant | 2 months |
| Ground 8 | 3+ months rent arrears | 4 weeks |
| Ground 11 | Persistent late payment | 2 weeks |
| Ground 12 | Breach of tenancy agreement | 2 weeks |
| Ground 14 | Anti-social behaviour | Immediately |
How the Section 8 possession process works
Here's the step-by-step process for landlords seeking possession under the new rules:
Step 1: Choose the right ground
Identify which Section 8 ground applies to your situation. For a sale, that's typically Ground 1A, but for rent arrears, Ground 8 applies.
Step 2: Serve notice on Form 3A
Complete the new Form 3A and serve it with the correct notice period for your chosen ground. Any error or missing details will void your claim.
Step 3: Wait for the tenant's response
Some tenants will leave during the notice period and unlike Section 21, there's no easy "no-fault" route to vacant possession.
Step 4: Apply to court if needed
If the tenant remains beyond the notice period, you'll need to apply to the county court for a possession order. The court will check that you've used the right ground, served notice correctly, and met all your landlord obligations.
Step 5: Apply for a warrant if necessary
If the possession order is granted and the tenant still won't leave, you'll need to apply for a Section 8 warrant for eviction. Bailiffs will then be instructed to carry out the eviction.
Selling your tenanted home without the hassle of Section 8
In simple terms, landlords must now rely on enhanced Section 8 possession grounds instead of ending tenancies without reason. While landlords still retain the right to sell their properties and regain possession, the process is now more regulated and evidence based.
For many buy-to-let landlords when selling a property with sitting tenants, it’s important to manage the process correctly to stay compliant with the relevant legislation and avoid unnecessary complications.
If you’re considering exiting the rental market or want to avoid the uncertainty of the new eviction rules, we can help you sell your tenanted property. Our experienced team specialises in these types of sales and can support you throughout, providing clear guidance at every stage.
Find out more about how to sell your tenanted property legally, smoothly, and with expert support by getting in touch with us today.
