Abolition of Section 21 Evictions in the Renters’ Rights Act 2025: A Guide for Practitioners

From 1 May 2026, the Renters’ Rights Act 2025 will abolish section 21 or “no fault” evictions as well as fixed-term assured tenancies. Landlords will need a good reason to obtain possession of privately rented residential properties. But what does the Act say and how does it actually work?

Abolition of assured shorthold tenancies, including section 21

Section 2 of the Act abolishes assured shorthold tenancies.

Section 2 of the Act provides as follows:

In the 1988 Act—

(a) omit section 6A (demotion to assured shorthold tenancy because of anti-social behaviour);

(b) omit Chapter 2 of Part 1 (assured shorthold tenancies).

(The “1988 Act” being the Housing Act 1988.)

Chapter 2 of Part 1 of the Housing Act 1988 contains various provisions as to how assured shorthold tenancies can be established and terminated. Chapter 2 includes what is commonly known as section 21 (formally titled ‘Recovery of possession on expiry or termination of assured shorthold tenancy’). The abolition of Chapter 2 of the 1988 Act therefore includes the abolition of section 21.

The Explanatory Notes to the Renters’ Rights Bill, prepared by the Ministry of Housing, Communities and Local Government (published 11 September 2024), explain that the 1988 Act ‘introduced assured shorthold tenancies and section 21 evictions’, and section 2 ‘removes the assured shorthold tenancy regime and mechanisms to demote social housing tenants to assured shorthold tenancies as well as section 21 itself, as in future all tenancies will be assured’ (at para 70).

Conversion of fixed term shorthold tenancies to periodic tenancies

The Renters’ Rights Act replaces fixed term assured shorthold tenancies with rolling assured periodic tenancies.

Section 1 of the Renters’ Rights Act inserts a new section 4A into the Housing Act 1988. Section 4A provides in summary that all assured tenancies will become periodic, with periods of no longer than one month, and rent is to be payable on that same basis.

The Renters’ Rights Bill Explanatory Notes clarify that sections 4A(1) and 4A(2) ‘provide that any terms of an assured tenancy that try to create a fixed term will have no legal effect. Terms of an assured tenancy providing for the duration of the periodic tenancy to be different to the rent period will also have no legal effect. Where such terms exist, the tenancy will instead be periodic and the tenancy’s periods will be the same duration as the period for which rent is paid’ (at para 63).

Note that some tenancies cannot be assured tenancies and therefore converted into periodic tenancies by the Act. This includes fixed tenancies of more than 21 years (s.31(1)). It also includes certain types of accommodation for homeless people or students (s.32). A full list is set out at Chapter 2, Part 1 of the Act.

Matthew Pennycook MP, Minister for Housing and Planning, stated in a Parliamentary debate on the Renters’ Rights Bill on 9 October 2024 that ‘the move to a new single system of periodic tenancies is at the heart of the Bil … As a result, tenants will enjoy greater stability and security, and landlords will benefit from clear and expanded possession grounds to evict tenants in circumstances where that is justified and reasonable’ (Hansard HC Deb. 9 October 2024, Vol 754, Col 410).

When does the Renters’ Rights Act come into force?

It should be noted that the Renters’ Rights Act itself does not set any commencement date for the abolition of section 21 evictions, or the conversion of assured shorthold tenancies to assured periodic tenancies. The Act merely provides that it will come into force on ‘such day as the Secretary of State may by regulations made by statutory instrument appoint’ (s.145(1)), subject to subsections (2) to (6) of that section (which are not relevant to the provisions relating to section 21 or the abolition of fixed term assured shorthold tenancies).

The government has however indicated that it intends to make secondary legislation to abolish section 21 and fixed term assured shorthold tenancies on 1 May 2026 (see ‘Implementing the Renters’ Rights Act 2025’, Ministry of Housing, Communities and Local Government, November 2025, at para 27).

Under section 146 of the Act, this date is known as the ‘commencement date’. On this date, any existing fixed term assured tenancy automatically becomes a periodic assured tenancy, and that tenancy continues (s.146(1)). This is designed to prevent any interpretation that the transition of an existing tenancy into a periodic assured tenancy is such a significant change so as to end the tenancy (para 833 to the Renters’ Rights Bill Explanatory Notes). The main exception to this provision is where a valid section 21 notice is served prior to the commencement date, as discussed further below.

Transitional provisions and key deadlines

Any section 21 notice must therefore be served prior to 1 May 2026 (the current commencement date).

Schedule 6 of the Act deals with transitional arrangements and where and how a section 21 notice served before this date can still be relied upon.

Importantly, the Act sets different deadlines depending on whether or not the claimant has requested the court to issue proceedings before the commencement date.

Where a valid section 21 notice is served before the commencement date:

-If the claimant requests the court to issue a claim form for possession proceedings before the commencement date, but those proceedings did not begin before the commencement date, the section 21 notice remains valid until proceedings are concluded (para 3, schedule 6).

-If the claimant has not requested the court to issue a claim form for possession proceedings before the commencement date, the position becomes more complex:

–The starting point is that the section 21 notice remains valid for 6 months from the date it was given, or 3 months after the commencement date (i.e. currently 31 July 2026), whichever is earlier (para 4(2), subsections 4D and 4DA, schedule 6). In that time the claimant must request the court to issue possession proceedings. Once possession proceedings are begun, the section 21 notice again remains valid until those proceedings are concluded.

– However, if notice was given under section 21(4) for contractual periodic tenancies and the contractual period of the tenancy is longer than two months, the section 21 notice remains valid for 4 months (instead of 6) from the date it was given, or 3 months after the commencement date (i.e. 31 July 2026), whichever is earlier (para 4(2), subsections 4E and 4EA, schedule 6). Again, the claimant must request the court to issue possession proceedings in that time, and once proceedings are begun, the section 21 notice again remains valid until those proceedings are concluded.

In either case, it appears the claimant only need file the claim with the court and request the court issue the claim. The claimant seemingly does not need to ensure the court actually issues the claim by the deadline. This would be in line with broader limitation principles, where the relevant date for limitation purposes is when the court receives the claim form, not the date on which the claim form is issued (CPR Practice Direction 7A, para 6.1).

What are the remaining grounds for possession?

In light of the abolition of section 21, landlords must invoke some other ground of possession to terminate a periodic tenancy after the Renters’ Rights Act comes into force. Many of these grounds remain the same or similar as those set out in schedule 2 of the Housing Act 1988, although the Act does make some changes, primarily to the mandatory grounds of possession.

Some of the most notable changes include:

Conclusion

Whilst the abolition of section 21 may seem straightforward, the Renters’ Rights Act 2025 uses a complex statutory framework that practitioners ought to bear in mind, especially when drafting pleadings or skeleton arguments.

As the 1 May 2026 deadline approaches, there are bound to be cases which fall in grey areas and where it may not be easy to determine if proceedings have been brought in time. Those cases will involve a close examination of the transitional provisions in schedule 6.

This article reflects the law as of the date it was published. Whilst every effort has been taken to ensure that the law in this article is correct, it is intended to give a general overview of the law for educational and/or informational purposes. It is not intended to be a substitute for specific legal advice and should not be relied upon for this purpose. This article represents the opinion of the author and does not necessarily reflect the view of any other member of St Philips Chambers.