The Renters’ Rights Act 2025 received Royal Assent in October 2025 and is set to take effect on 1 May 2026. For landlords and tenants, one of the most significant changes concerns eviction procedure — specifically, the abolition of no-fault evictions and the move to a single, ground-based system. If you are a landlord considering seeking possession, or a tenant wanting to understand your rights, this article explains what is changing and what it means in practice.
What Is the Renters’ Rights Act 2025?
The Renters’ Rights Act 2025 is landmark legislation reforming England’s private rented sector. Among its most significant provisions, the Act abolishes assured shorthold tenancies (ASTs) and replaces them with assured periodic tenancies. This change fundamentally affects the routes available to landlords who wish to regain possession of their property.
The Two Eviction Routes Before the Act: Section 21 and Section 8
Before the Renters’ Rights Act comes into force, landlords with assured shorthold tenancies have two statutory routes for seeking possession:
Section 21 — The No-Fault Route
Section 21 allowed landlords to seek possession without establishing any fault on the part of the tenant. To rely on it, landlords must have served specific prescribed documents before the tenancy began — including the How to Rent guide, Energy Performance Certificate, and Gas Safety Certificate. A minimum of two months’ written notice was then required. Subject to compliance with these requirements, Section 21 offered landlords a relatively predictable route to obtaining possession without the need for a hearing and at modest cost (albeit in the absence of a break clause a section 21 claim could not be issued during the fixed term tenancy period).
Section 8 — The Ground-Based Route
Section 8 applies where a landlord can establish one or more specific statutory grounds for possession, set out in Schedule 2 of the Housing Act 1988. These relate to breaches of the tenancy provisions and the grounds include mandatory grounds — where the court must grant possession if the ground is proven — and discretionary grounds, where the court weighs up the circumstances. Common situations include significant rent arrears, anti-social behaviour, and other breaches of tenancy conditions. Where rent arrears form the basis for bringing a claim, as little as two weeks’ notice may be required.
However, Section 8 proceedings can become protracted. Tenants may defend the claim, dispute the level of arrears, or raise a counterclaim for compensation arising from the landlord’s failure to address disrepair. This can significantly extend the time and cost involved.
What Changes Under the Renters’ Rights Act 2025?
From 1 May 2026, the following changes take effect:
- All existing assured shorthold tenancies automatically convert to assured periodic tenancies.
- Section 21 — no-fault eviction — is abolished entirely.
- Section 8 becomes the only statutory route available to landlords seeking possession.
This is a fundamental shift. Landlords will need to establish a valid statutory ground under Section 8 in every possession case. The process will generally be longer, more complex, and potentially more costly — particularly where tenants choose to defend proceedings or raise counterclaims.
The abolition of Section 21 is also intended to address the problem of retaliatory eviction, where some unscrupulous landlords sought to remove tenants who raised legitimate complaints about the condition of their property. For tenants, the Act represents a meaningful improvement in security of tenure. The section 8 possession route will make it harder for security to be undermined in some situations.
The Section 21 Grace Period — What Landlords Need to Know Now
Given that Section 21 requires two months’ notice, and the Renters’ Rights Act takes effect on 1 May 2026, landlords who wish to rely on Section 21 are running out of time.
The Act does provide a limited grace period. A Section 21 notice served before 1 May 2026 can still be relied upon — but court proceedings must be issued within a prescribed period following service of the notice. Landlords should take legal advice urgently if they intend to proceed this way.
If a Section 21 notice is not served before 1 May 2026, the route will no longer be available. Any possession claim will need to proceed under Section 8, and landlords should be prepared for a more demanding, contested, and costly process.
What Does This Mean for Tenants?
For tenants, the abolition of Section 21 is a significant improvement. Landlords will no longer be able to remove tenants without providing a lawful reason, and the risk of retaliatory eviction with impunity — being served a Section 21 notice after complaining about disrepair or exercising legal rights — will be reduced if not eliminated
It is important to note, however, that Section 8 grounds will still allow landlords to seek possession where there is genuine cause, such as persistent rent arrears or anti-social behaviour. Improved security of tenure under the new regime does not mean unconditional security of tenure.
Need advice on eviction or possession proceedings?
Our specialist Property Litigation team advises landlords and tenants on all aspects of eviction law, including Section 21, Section 8, and the impact of the Renters’ Rights Act 2025.
Contact us today for expert legal guidance by calling us on 0161 667 3686
About the Author
Paul Magee is a Partner at Prosperity Law LLP and Head of Property Litigation in Manchester. He has extensive experience in all aspects of property disputes and is known as the solicitor who acted for the tenant in the Court of Appeal case of Wallace v Manchester City Council [1998], which established the principles for compensation for inconvenience in housing disrepair claims ( applicable to residential and commercial situations).
SRA ID: 176479
