office@cook-legal.co.uk
0151 665 0320If you are asking “what happens after Section 21 is abolished”, you are not alone. This change is one of the biggest legal reforms in the private rental sector in England.
The removal of Section 21 will completely change how landlords regain possession of their property. It also gives tenants significantly more security.
Here is exactly what happens next, and what you need to do about it.
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What Is Section 21 and Why Is It Being Abolished?
Section 21 of the Housing Act 1988 currently allows landlords to evict tenants without giving a reason. It is often referred to as a “no fault eviction”.
The government is abolishing Section 21 through the Renters Reform Bill to:
• Improve tenant security
• Prevent unfair evictions
• Create a more balanced rental system
Once this comes into force, landlords will no longer be able to remove tenants simply because they want the property back.
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When Will Section 21 Be Abolished?
At the time of writing, the reforms are expected to come into force following the full implementation of the Renters Reform Bill.
There will likely be a transition period, but the direction is clear. Section 21 is going.
If you are a landlord, waiting until it happens is a mistake. You should already be preparing.
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What Replaces Section 21?
Once Section 21 is abolished, all possession claims will be made under Section 8 of the Housing Act 1988.
This means landlords must rely on specific legal grounds.
Common Grounds for Possession
• Rent arrears
• Anti-social behaviour
• Breach of tenancy
• Intention to sell the property
• Landlord or family moving into the property
There is no longer a “no reason needed” option.
If you cannot prove a ground, you will not get possession.
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Key Change: Periodic Tenancies Only
One of the biggest structural changes is the move to periodic tenancies.
Fixed-term assured shorthold tenancies will effectively disappear. All tenancies will become rolling agreements.
This means:
• Tenants can leave more easily
• Landlords cannot rely on fixed end dates
• Possession planning becomes more complex
From an SEO perspective, this is what people are searching: “no fixed term tenancy UK”. This is the answer. It is gone.
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New Grounds for Landlords, But With Conditions
To balance the loss of Section 21, new grounds are being introduced under the Renters Reform Bill.
These include:
Selling the Property
Landlords can regain possession if they genuinely intend to sell.
Moving In
Landlords or close family members can move into the property.
However, these are not loopholes.
They come with:
• Strict notice requirements
• Evidence thresholds
• Restrictions on re-letting
If misused, claims can fail and may lead to further legal issues.
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What This Means for Landlords
If you are a landlord, this is where it gets real.
The old approach of serving a Section 21 notice and waiting is finished.
Going forward, you need to:
• Keep proper tenancy records
• Act early on rent arrears
• Maintain full legal compliance
• Draft strong tenancy agreements
• Gather evidence from day one
Possession is no longer administrative. It is legal.
Poorly prepared landlords will face delays, failed claims, and financial loss.
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What This Means for Tenants
Tenants benefit from stronger protection.
You cannot be evicted without reason anymore.
But this is not a free pass.
If you:
• Do not pay rent
• Breach your tenancy
• Cause anti-social behaviour
You can still be evicted, and in some cases more efficiently under mandatory grounds.
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The Role of the Courts After Section 21
The courts become central to everything.
Without Section 21:
• Every possession claim requires evidence
• Legal arguments matter more
• Procedural errors can delay or destroy claims
This means longer timelines if things are not done properly.
It also means professional legal input becomes more valuable than ever.
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How This Links to Tenancy Deposit Claims
This is where most landlords overlook risk.
With greater scrutiny on compliance, failures around tenancy deposits become more significant.
Under the Housing Act 2004, landlords must:
• Protect the deposit within 30 days
• Serve prescribed information correctly
If they do not, tenants can claim:
• Up to 3x the deposit in compensation
• Plus return of the deposit
With Section 21 gone, landlords lose one of their main enforcement pressures, which makes deposit compliance even more critical.
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Final Thoughts: The Reality After Section 21
This is not a minor reform. It is a full system reset.
After Section 21 is abolished:
• All evictions require legal grounds
• Tenancies are open-ended
• Evidence and compliance are key
• The court process becomes central
If you adapt early, you stay in control.
If you don’t, you will struggle.
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Need Advice on Tenancy Deposit Issues?
If you are dealing with a tenancy deposit problem, whether you are a landlord or tenant, getting it right early matters.
Mistakes are expensive.
Delays are avoidable.
And in many cases, claims are stronger than people realise.