Section 21 Is Dead: Your Rights Under the Renters' Rights Act 2025

Section 21 "no-fault" evictions ended on 1 May 2026. What the Renters' Rights Act 2025 means for tenants and landlords — new possession grounds, rent increase rules, and how to research the case law that applies to your situation.

On 1 May 2026, the most significant change to private renting law in a generation took effect. The Renters’ Rights Act 2025 abolished section 21 of the Housing Act 1988 — the provision that allowed landlords to evict tenants without giving any reason. Every assured shorthold tenancy in England automatically converted to a periodic assured tenancy on that date. Landlords can no longer end a tenancy simply by serving a two-month notice and waiting.

This guide explains what has changed, what rights tenants and landlords now have, and how to research the authorities that apply to specific disputes.

What Section 21 Was and Why It Mattered

Section 21 of the Housing Act 1988 allowed landlords to recover possession of a property without proving any fault on the tenant’s part. The landlord served a notice, waited two months, and applied to court. The court had no discretion — if the notice was valid, possession was granted. No reason needed. No proportionality assessment. No defence, except procedural errors in the notice itself.

For tenants, section 21 created a structural power imbalance. A tenant who complained about disrepair, challenged an unlawful rent increase, or reported a landlord to the local authority risked receiving a retaliatory eviction notice. Although the Deregulation Act 2015 introduced some protection against retaliatory evictions under section 33, enforcement was limited and many tenants simply never raised complaints.

The Supreme Court confirmed in McDonald v McDonald [2016] UKSC 28 that Article 8 of the European Convention on Human Rights did not require courts to carry out a proportionality assessment in private sector possession claims under section 21. The reasoning was that Parliament had made a deliberate policy choice to give private landlords certainty of recovery. That policy choice has now been reversed.

What Changed on 1 May 2026

The Renters’ Rights Act 2025 made three fundamental changes:

First, section 21 is abolished. No new section 21 notices can be served. Landlords who served a valid section 21 notice before 1 May 2026 have until 31 July 2026 to issue court proceedings — after that date, no court will accept a possession claim based on section 21.

Second, all assured shorthold tenancies converted to periodic assured tenancies. Fixed-term ASTs ceased to exist on 1 May 2026. Every private residential tenancy is now a rolling periodic tenancy. Landlords can no longer offer fixed terms with an end date. Tenants can give two months’ notice to leave at any time — including from day one of a tenancy.

Third, landlords must now use section 8 of the Housing Act 1988 to recover possession, proving one of the statutory grounds set out in Schedule 2. The Act has expanded these grounds to 37, including new mandatory grounds that did not previously exist.

The New Possession Grounds

Landlords can only recover possession by proving a specific ground. The grounds fall into two categories: mandatory grounds, where the court must grant possession if the ground is proved, and discretionary grounds, where the court decides whether it is reasonable to make an order.

The most significant new and amended grounds are:

Ground 1 — Landlord or family occupation. The landlord intends to occupy the property as their only or principal home, or a close family member does. Requires four months’ notice. Cannot be used within the first 12 months of a tenancy. The previous requirement that the landlord must have previously occupied the property has been removed.

Ground 1A — Sale of the property. This is entirely new. The landlord intends to sell the property with vacant possession. Requires four months’ notice and the landlord must have owned the property for at least 12 months. This ground did not exist before the Renters’ Rights Act — previously, a landlord wanting to sell simply used section 21.

Ground 8 — Rent arrears (amended). The threshold has been raised. For monthly tenancies, the tenant must be at least three months in arrears (previously two months). The notice period has doubled from two weeks to four weeks.

Ground 7A — Antisocial behaviour. A mandatory ground where the tenant or a person residing in or visiting the property has been convicted of a serious offence committed at or near the property. There is no minimum notice period — the landlord can serve the section 8 notice and commence court proceedings immediately, though the court cannot make a possession order until at least 14 days after the notice was served.

Ground 6 — Redevelopment. The landlord intends to demolish or reconstruct the property, or carry out substantial works that cannot reasonably be done with the tenant in occupation. Requires four months’ notice.

Critically, a court will not grant possession under most grounds unless the landlord has properly protected the tenant’s deposit under the Housing Act 2004. The exceptions are Grounds 7A and 14 (antisocial behaviour and nuisance), where deposit protection failures do not prevent a possession order.

Rent Increases: Section 13 Only

The Renters’ Rights Act has made a change to rent increases that many landlords have not yet fully appreciated. Contractual rent review clauses are now void in the private rented sector. Index-linked annual increases, fixed annual uplifts, and any other contractual mechanism for raising rent no longer have effect.

The only lawful method of increasing rent is now section 13 of the Housing Act 1988, which requires the landlord to serve a prescribed notice (Form 4A) giving at least two months’ notice. Rent can only be increased once every 12 months.

The tenant can challenge the proposed increase at the First-tier Tribunal (Property Chamber) free of charge. The tribunal will determine whether the proposed rent is the market rent for the property. Importantly, the tribunal cannot set the rent higher than the amount the landlord proposed — there is no risk to the tenant in making an application. If the tribunal finds the increase is above market rent, it will set a lower figure. If it finds undue hardship, it can delay the increase by a further two months.

This is a significant shift in bargaining power. Previously, tenants who challenged a rent increase risked a retaliatory section 21 notice. That threat no longer exists.

The Information Sheet Requirement

Landlords with existing tenancies that were ASTs on 1 May 2026 were required to send tenants the government-issued Renters’ Rights Act Information Sheet by 31 May 2026. Failure to do so is a civil offence carrying a penalty of up to £7,000. The information sheet explains the tenant’s new rights, including how to challenge rent increases and the grounds on which a landlord can seek possession.

Tenants who have not received this document should note the deadline — if it passes without receipt, the landlord is in breach and may face enforcement action by the local authority.

Retaliatory Eviction Protection

The abolition of section 21 removes the primary mechanism for retaliatory evictions, but the Renters’ Rights Act goes further. Where a tenant has made a complaint to the landlord about the condition of the property, or reported the landlord to the local authority, the landlord’s ability to use certain possession grounds is restricted. Courts will scrutinise the timing and motivation behind a possession claim that follows a tenant complaint.

The interaction between these provisions and the existing protections under section 33 of the Deregulation Act 2015 will generate significant case law over the coming months. Practitioners and tenants should research how tribunals and courts are interpreting the new framework as decisions emerge.

Researching the Authorities

Housing possession law requires searching across multiple sources — statute, tribunal decisions, county court judgments, and appellate authorities. The key search terms include:

For the abolition of section 21: “Renters Rights Act 2025 section 21”, “abolition no-fault eviction”, “assured shorthold tenancy conversion periodic”, “section 21 transitional provisions”.

For possession grounds: “section 8 Housing Act 1988 grounds”, “Ground 1A sale of property”, “mandatory ground possession Renters Rights Act”, “Ground 8 rent arrears three months”.

For rent increases: “section 13 Housing Act 1988 rent increase”, “First-tier Tribunal rent challenge”, “market rent determination”, “Form 4A rent notice”.

For the proportionality context: “McDonald v McDonald [2016] UKSC 28” (the Supreme Court decision that section 21 did not require a proportionality assessment — now of historical interest given abolition), “Manchester City Council v Pinnock [2010] UKSC 45” (the leading authority on proportionality in public sector possession claims, which remains good law).

For retaliatory eviction: “section 33 Deregulation Act 2015”, “retaliatory eviction complaint disrepair”, “revenge eviction protection”.

Search the Law searches 15 official UK legal databases simultaneously, including the county court and tribunal decisions where most housing possession disputes are determined. When researching how courts are applying the new possession grounds, the citation network shows how subsequent decisions have treated key authorities — essential in a fast-moving area where the first wave of cases under the new framework is only just beginning.

What Comes Next

The 31 July 2026 deadline for existing section 21 claims is the next milestone. After that date, section 21 will be entirely spent — no court will entertain any claim based on it. Landlords who have not yet issued proceedings on pre-existing notices will lose the right to do so.

Beyond that, the most significant area to watch is how courts interpret the new mandatory grounds — particularly Ground 1A (sale). Tenants and practitioners should expect landlords to test the boundaries of what constitutes a genuine “intention to sell,” and courts will need to develop tests for distinguishing genuine intentions from pretextual ones. The case law on the existing Ground 6 (redevelopment) and the intention tests in commercial landlord and tenant law will likely be relevant by analogy.

The rent tribunal system is also likely to see a significant increase in applications. With contractual rent reviews abolished and tenants now able to challenge increases without fear of retaliation, the First-tier Tribunal’s workload in this area will grow substantially.

Search the Law is not a law firm and does not provide legal advice. The information in this article is for legal research purposes only. If you need advice about a housing dispute, contact a solicitor, your local Citizens Advice, Shelter (0808 800 4444), or your local law centre.