No more Section 21: how landlords can protect themselves under the new eviction rules

Being able to enforce Section 21 gave many landlords a sort of reset button that meant they could regain possession of their property without needing to give a reason. Now that the Renters’ Rights Act has abolished Section 21, that reset button is gone.

Though it might sound alarming, you’re not powerless. It’s just that the rules have changed, and preparation matters now more than ever.

Here’s what the new eviction landscape looks like, and what you can do to protect your income and your peace of mind.

From 1 May 2026, landlords are no longer able to use Section 21 ‘no-fault’ notices to end a tenancy. Additionally, almost all private tenancies are now rolling periodic agreements, which means that tenants can stay in the property unless there’s a legal reason for asking them to leave.

In practice, that means fewer shortcuts. Evictions are still possible, but if you want to issue one then you need a clear reason backed up with the right paperwork – and a bit more patience.

If you want to repossess your property, Section 8 is the way to do it.

• If you’re selling the property. You can still legally get your property back if you’d like to sell it as long as you follow the proper procedure and give the required notice.

• If you or a family member need to move in. This is still allowed, as long as you meet the rules around timing and notice.

• If rent becomes a real issue. You can still evict someone if there are serious or ongoing rent arrears, but there is a higher bar, and you’ll need clear records.

• If there’s antisocial behaviour. If tenants are showing ASB, it can lead to quicker action but, again, there needs to be the right evidence to back you up and proof that the right steps have been taken.

You’ll notice that the common thread here is due process. If you miss a step, use the wrong notice, or don’t have the evidence required, things can drag on for far longer than planned.

Because every eviction now has to go through Section 8, courts now have to deal with more detailed cases on top of existing backlogs. That means you may have to wait quite a while for a result.

Data from the government does show that possession claims are taking about six months on average and industry experts expect the waits to increase now that Section 21 has gone^1.

What this might mean for landlords:

• Rent not coming in when it should

• More legal back and forth than you’re used to

• Ongoing costs while you wait for a resolution 

Particularly with the changes to Section 21, this is where landlord insurance can really earn its keep. Depending on your chosen cover, it can help out with:

• Loss of rent. If eviction takes longer than planned, this element can help replace missed income for a set period

• Legal expenses. From possession claims to disputes, legal costs can really add up. Legal expenses cover can help with solicitors’ fees and court costs, so you’re not left footing the bill

• Peace of mind when things feel uncertain. One of the biggest nontangible benefits of the cover is that it offers reassurance when things feel uncertain. With rules changing and timelines stretching, it’s nice to know you’ve got a fallback, especially if rental income is key to your finances.

As well as reviewing your insurance to make sure it’s covering you in light of the new changes, it’s also worth:

• Keeping good records of rent payments and communication

• Acting sooner rather than later if there are any issues

• Making sure your paperwork is compliant and up to date

• Planning for longer timescales, just in case

Just because Section 21 is gone, it doesn’t mean landlords have lost control of their properties. But it does mean evictions are going to take longer and cost more, and be more of a formality than you’re used to^{2, 3}. 

Sources:

1. Mortgage and landlord possession statistics: April to June 2025 - GOV.UK

2. https://www.gov.uk/government/publications/grounds-for-possession-guidance-for-landlords-and-letting-agents/grounds-for-possession-guidance-for-landlords-and-letting-agents

3. https://www.gov.uk/government/collections/mortgage-and-landlord-possession-statistics

4. https://www.gov.uk/government/news/no-fault-evictions-to-end-by-may-next-year

5. https://england.shelter.org.uk/professional_resources/news_and_updates/how_section_21_notices_will_be_abolished