Section 21 Abolition: What It Means for Renters in England

Major changes are coming to renter protection in England following the government’s announcement to abolish Section 21 ‘no fault’ evictions. If you are renting a home and want to know how this change may affect your tenancy, eviction process, or security in your home, this guide walks you through the essentials, focusing on your rights and the official steps involved.

What Is Section 21 and Why Is It Being Abolished?

Under the current Housing Act 1988, Section 21 allows landlords to evict tenants at the end of their tenancy, or with at least two months’ notice, without giving a reason. This process is often referred to as a “no fault eviction.” After much debate, the government is abolishing Section 21 to improve security and stability for private renters in England¹.

When Section 21 is abolished, landlords will only be able to regain possession of a property using approved legal grounds, known as 'Section 8' grounds. This means tenants can’t be asked to leave their homes without a legally valid reason.

Key Impacts of Section 21 Abolition on Renters

The move to end Section 21 aims to provide more certainty and stability for tenants. Here’s how it changes things for you:

• No more “no fault” evictions: Landlords must give a reason and follow the correct process for eviction.
• More secure tenancies: You can feel confident that you can stay in your home unless there is a legal reason for eviction.
• Clearer rights and processes: Tenants will have enhanced protections with well-defined grounds for eviction.

Landlords can still evict if there are valid reasons (like rent arrears or antisocial behaviour), but not just because they choose to. This balances the rights of tenants and landlords.

Eviction Notices: Changes and What Stays the Same

After Section 21 is abolished, all evictions will need to follow prescribed legal grounds set out in Section 8 of the Housing Act 1988.²

• The landlord must use an approved reason, such as rent arrears or wanting to sell the property.
• The notice period may vary depending on the grounds for eviction.
• Eviction disputes are handled by the First-tier Tribunal (Property Chamber) – Residential Property.

Official Eviction Forms: What Renters Need to Know

Legal changes mean you should be aware of which official forms are used if your landlord tries to evict you:

• Form 3: Notice seeking possession of a property let on an assured tenancy or an assured agricultural occupancy
  See official Form 3 guidance
  When used: If your landlord wishes to evict you for grounds permitted under Section 8 (for example, rent arrears or breach of tenancy agreement), they must serve you with Form 3.
  Example: Your landlord claims you have not paid rent for two months and sends Form 3 giving notice before they can apply to court.
• Form N5B: Claim for possession of property by the accelerated procedure
  See court forms for possession proceedings
  When used: Previously, this form was issued for accelerated Section 21 claims. After abolition, landlords must use Section 8 grounds, so Form 3 becomes standard.

If you receive any eviction form, check it carefully and seek free advice (see resources at the end of this article).

What Does This Mean for Your Day-to-Day Rights as a Renter?

For most renters, the abolition of Section 21 means you can feel more secure that you will not be asked to leave your home without a justified reason. However, all renters should:

• Continue to pay rent on time and look after the property
• Report repairs and maintenance issues to your landlord as soon as possible
• Keep written records of communication with your landlord

Can Your Landlord Still Increase Rent?

The abolition of Section 21 does not prevent your landlord from increasing rent, but there are strict rules on how they do it. Rent increases must follow the process outlined in your tenancy agreement or the law. For periodic tenancies, landlords usually use:

• Form 4: Notice proposing a new rent (Section 13 notice)
  Official Form 4 guidance
  When used: If a landlord wants to increase your rent, they must serve you a Form 4 notice at least one month before the increase takes effect.
  Example: You are on a rolling monthly contract and receive a Form 4 with proposed new rent. You can challenge it if you disagree.

Disputing an Eviction or Rent Increase: How the Tribunal Can Help

If you believe your landlord hasn’t followed the correct process for eviction or a rent increase, you can challenge this:

• Eviction disputes: These are handled by the First-tier Tribunal (Property Chamber) – Residential Property.
• Rent disputes: You may apply to the tribunal if you believe a rent increase is unfair.

To start the process, you may need to fill out the appropriate application form for the Tribunal. Guidance and forms can be found on the official government website.

Remember: If you are unsure about a notice or need help challenging a decision, official government advice lines and legal aid are available. Don't delay in seeking assistance.

Frequently Asked Questions

1. Will my landlord still be able to evict me for any reason once Section 21 is gone?
   No, your landlord will only be able to evict you using the approved legal grounds under Section 8, such as rent arrears, antisocial behaviour, or if they want to sell the property.
2. What official form should I look out for if my landlord is trying to evict me now?
   After Section 21 ends, any eviction notice should be a Section 8 notice using Form 3. Check that the notice states a valid ground for eviction.
3. How do I challenge a rent increase from my landlord?
   If you receive a Form 4: Section 13 notice and disagree with the new amount, you can apply to the First-tier Tribunal to have the rent reviewed.
4. Which tribunal deals with rental disputes in England?
   The First-tier Tribunal (Property Chamber) – Residential Property handles disputes about possession, rent increases, and other tenant-landlord issues.
5. What should I do if I receive an eviction notice I think is unfair?
   Seek advice immediately through a tenant advice service or legal aid. Do not leave your home until a court order is issued. You have the right to challenge the eviction through the Tribunal.

Conclusion: Key Takeaways for Renters

• The end of Section 21 promises to bring greater security for tenants by ensuring landlords can only evict for justified, legally defined reasons.
• Check any eviction or rent increase notice you receive—the correct forms and legal grounds must be used.
• Don’t hesitate to seek advice or challenge unfair treatment through official channels like the Tribunal.

The changes are designed to make renting fairer and more secure. Staying informed helps you protect your rights.

Need Help? Resources for Renters

• Private renting: your rights and responsibilities (Government official guide)
• First-tier Tribunal (Property Chamber) – Residential Property (How to make or respond to an application)
• Official tenancy and eviction forms
• Find free or low-cost legal advice
• Citizens Advice: Ending a tenancy

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1. See: Official UK Government: Private renter reforms.
2. Read: Section 8 of the Housing Act 1988: eviction grounds.

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