How to Prepare for the Abolition of Section 21

The Renters' Rights Bill comes into force next month, bringing the most significant changes to the private rental sector in decades. At the centre of it all is the abolition of Section 21, and if you haven't started preparing yet, now is the time. This guide covers what the changes mean in practice and the concrete steps you can take to protect your position before May 2026.

What is Section 21 and why is it being abolished?

Section 21 of the Housing Act 1988 gives landlords in England the right to repossess their property without providing a reason, as long as they give at least two months' notice. It's commonly called a "no-fault" eviction.

From May 2026, that changes. The government is abolishing Section 21 on the basis that it leaves tenants feeling insecure and contributes to housing instability. As the House of Commons Library notes, the bill aims to "give greater rights and protections to people renting homes, including by abolishing section 21 'no fault' evictions and reforming grounds for possession." After May, landlords will need a legally recognised reason to end a tenancy.

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What changes under the new system

The Renters' Rights Bill is introducing a single system of periodic tenancies starting next month. Fixed-term tenancies are being replaced. From the point the legislation takes effect, all tenancies will become rolling periodic tenancies, meaning tenants can leave with the right notice, and landlords can only regain possession using specific grounds under Section 8.

The key Section 8 grounds landlords should know include:

• Ground 8 - Rent arrears of more than two months (mandatory)
• Ground 14 - Anti-social behaviour or criminal activity (discretionary)
• Ground 1 - Landlord intends to move into the property (mandatory)
• Ground 6 - Landlord wants to sell or undertake major redevelopment

Some grounds are mandatory, meaning the court must grant possession if the ground is proven. Others are discretionary, meaning the judge decides based on the circumstances. Knowing the difference matters.

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How to prepare: practical steps

This is where most landlords need to focus their attention right now.

1) Review your tenancy agreements

Understand how your existing agreements will be affected when the legislation comes into force in May 2026. Detailed tenancy agreements that clearly set out obligations around rent, maintenance, and behaviour will become more important than ever if you ever need to rely on Section 8.

2) Get familiar with Section 8 grounds

Most landlords have had little reason to use Section 8 eviction notices until now. That changes in May. Know which grounds apply to your situation and what evidence you will need to rely on them. You can find the full list on the UK Government website.

3) Keep thorough records

Document rent payments, communications with tenants, and any maintenance requests and compliance activity. Strong records are essential if you ever need to pursue possession through Section 8. Without them, cases can be thrown out or delayed significantly.

4) Ensure compliance with existing obligations

Courts can reject possession claims if landlords haven't met their legal obligations. That includes deposit protection, providing required documents, and keeping gas safety certificates up to date. Get these in order now, before the new rules take effect.

5) Review your rent arrears process

With Section 21 gone, acting early on arrears is more important than ever. Know the thresholds and timelines for Section 8 grounds related to rent arrears. Ground 8 requires arrears of more than two months, so monitoring rent payments closely and responding quickly to missed payments gives you a much stronger position.

6) Consider using property management software

Property management software can help landlords stay on top of documentation, rent tracking, and compliance. Under the new system, all of this becomes more critical. Landlord Studio gives you a central place to store tenancy documents, log communications, track arrears, and set reminders for compliance tasks.

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What about existing tenancies?

If you have tenancies already in place when the law changes in May 2026, they will transition to periodic tenancies under the new rules. There is no grace period for existing fixed-term agreements once the legislation takes effect. That means the time to get organised is now, not after the changeover date. Don't assume your current setup will carry you through.

The changes arrive next month

The abolition of Section 21 is no longer something to plan for eventually. It arrives in May 2026. The landlords who come through this transition in good shape will be the ones who have tightened up their processes, know their Section 8 grounds, and have the records to back up any possession claim.

Use this moment to get organised. Review your agreements, sort your compliance, and make sure your record-keeping is solid. Landlord Studio is built to help with exactly this, giving you the tools to manage compliance, track rent, store documents, and stay audit-ready as the new rules bed in. Get started for free and go into May prepared.

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