Section 21 Banned
What Happened to Section 21?
For many years, landlords in England could end most assured shorthold tenancies using a Section 21 notice, often referred to as a ‘no fault’ eviction. They didn’t have to prove the tenant had done anything wrong – provided they followed the correct legal process, they could simply require the tenant to leave.
The Renters’ Rights Act changed this completely.
Section 21 notices have now been banned, meaning landlords can no longer evict tenants without giving a valid legal reason. Instead, they must rely on one of the statutory Grounds for Possession, which are designed to provide tenants with greater security while still allowing landlords to recover their property when appropriate.
This guide explains what has changed, what it means for tenants and how landlords can now regain possession of their property.
What Was a Section 21 Notice?
A Section 21 notice was a legal notice that allowed landlords to recover possession of a property without needing to prove the tenant had breached the tenancy agreement.
As long as certain legal requirements had been met, landlords could begin possession proceedings after giving the required notice.
This became known as a ‘no fault’ eviction because the tenant didn’t have to do anything wrong for the landlord to ask them to leave.
Although many landlords used Section 21 responsibly, the system was widely criticised because tenants could lose their home despite paying their rent, looking after the property and complying with their tenancy agreement.
Why Was Section 21 Banned?
The Government introduced the ban as part of wider reforms to improve security for private renters.
One of the biggest concerns with Section 21 was that some tenants were reluctant to exercise their legal rights because they feared being asked to leave.
For example, tenants might avoid reporting:
- Serious repairs
- Damp and mould
- Unsafe conditions
- Faulty heating
- Electrical problems
because they worried the landlord would simply serve a Section 21 notice instead of fixing the issue.
By removing ‘no fault’ evictions, the Government aims to give tenants greater confidence to report problems and exercise their legal rights without fear of losing their home for no reason.
Can Landlords Still Evict Tenants?
Yes.
One of the biggest myths surrounding the Renters’ Rights Act is that landlords can no longer evict tenants.
This isn’t true.
Landlords can still recover possession of their property, but they must now rely on one or more of the legal Grounds for Possession set out in housing legislation.
Depending on the circumstances, these grounds may include situations where:
- the landlord intends to sell the property
- the landlord or a close family member intends to move into the property
- the tenant has built up significant rent arrears
- the tenant has seriously breached their tenancy agreement
- anti-social or criminal behaviour has occurred
Each ground has its own legal requirements, notice period and evidence that the landlord must provide.
If you’d like to learn more, read our Grounds for Possession guide.
What Has Replaced Section 21?
Instead of allowing landlords to recover possession without giving a reason, the law now requires every possession claim to be based on a recognised legal ground.
This creates a more balanced system by ensuring that:
- landlords can still recover their property when there is a legitimate reason to do so
- tenants have greater security and understand why possession is being sought
- courts can consider whether the legal requirements have been met before granting possession
Most tenants are now automatically granted periodic tenancies, rather than fixed-term assured shorthold tenancies.
If you’re unsure how periodic tenancies work, read our Periodic Tenancies guide.
What If I've Received a Section 21 Notice?
If you’ve received a Section 21 notice, don’t assume you must leave immediately.
Whether the notice remains valid depends on when it was served and the legal rules that applied at the time. Transitional arrangements mean that some notices served before the new system came into force may still have legal effect.
You should:
- carefully read the notice
- check the date it was served
- avoid ignoring court paperwork if possession proceedings have started
- seek advice if you’re unsure whether the notice is valid
If you’re facing eviction and don’t understand your rights, don’t wait until the last minute to get help.
Common Myths
“Landlords can’t evict tenants anymore.”
False.
Landlords can still recover possession of their property, but they must use one of the legal Grounds for Possession.
“I can stay in the property forever.”
False.
Tenancies continue until they’re ended correctly by either the tenant or the landlord following the legal process.
“I can stop paying rent now that Section 21 has been banned.”
False.
Tenants must continue paying rent and complying with their tenancy agreement.
Failure to do so could allow a landlord to seek possession using another legal ground.
“My landlord has to give me another tenancy agreement every year.”
False.
Most tenancies now continue as periodic tenancies, meaning there’s usually no need to sign a new agreement simply because a year has passed.
Frequently Asked Questions
Has Section 21 been banned?
Yes. The Renters’ Rights Act removed Section 21 ‘no fault’ evictions, meaning landlords can no longer use Section 21 notices to recover possession under the new system.
Can my landlord still ask me to leave?
Yes. However, they must rely on one of the legal Grounds for Possession rather than simply serving a Section 21 notice.
Can I be evicted if I’ve done nothing wrong?
Potentially, yes. There are still lawful reasons why a landlord may recover possession, such as intending to sell the property or move into it themselves. They must follow the correct legal process and satisfy the relevant legal ground.
Does this mean I’m guaranteed to keep my tenancy forever?
No. The reforms provide greater security but don’t prevent landlords from recovering possession where the law allows them to do so.
Do I still have to pay rent?
Yes. Your responsibilities as a tenant haven’t changed. You must continue paying rent and comply with the terms of your tenancy agreement.
Key Takeaways
- Section 21 'no fault' evictions have been banned.
- Landlords can still recover possession using legal Grounds for Possession.
- Most tenants now have greater security through periodic tenancies.
- Tenants must continue paying rent and complying with their tenancy agreement.
- If you receive notice seeking possession, make sure you understand which legal ground your landlord is relying on.
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