Abolishing Section 21: what do letting agents need to know?

7 October 2024

The Renters’ Rights Act will abolish Section 21 evictions. How will this impact letting agents, and how can they prepare for the changes?

Since the Renters’ Rights Act was announced, the abolition of Section 21 “no-fault” evictions has been a central focus. The removal of this eviction notice will significantly impact the lettings process. How can letting agents prepare?

The Renters’ Rights Act will reform the English private rental sector and strengthen tenants' rights. However, letting agents must adapt to manage tenancy processes without Section 21.

Here’s a guide for letting agents on how to navigate the eviction process without it:

The impact of abolishing Section 21 for letting agents

In our State of the Lettings Industry Report, we asked letting agents and landlords about the impact of abolishing Section 21 on the private rental sector.

The results showed growing concern, with 80% landlords fearing the negative consequences.

In our report, Allison Thompson of LRG, comments: “Agents will shoulder much of the practical delivery of the Renters’ Rights Act. Our job is to translate complex rules into clear processes that work in reality. We support reform that lifts standards and gives tenants confidence, but success depends on certainty and a workable route to implementation."

For more insights, download the full State of the Lettings Industry Report.

When will Section 21 be abolished?

The Renter's Rights Act is now law in England. While the government is keen to push through the reforms, it hasn't given any set implementation dates. 

We can guess that the abolition of Section 21 will come sometime in early 2026. 

What do landlords think of abolishing Section 21?

Letting agents need to understand the potential impact of the abolition of Section 21 on their landlords. 

Supporting landlords through this transition is crucial. Proactive agents can minimise concerns as the Renters’ Rights Act comes into force.

 

How can letting agents prepare for Section 21 abolishment?

The Renters’ Rights Act guide, provided by the government, states that if implemented, landlords or letting agents can evict tenants only through Section 8 notices, with “specific circumstances in which a landlord can regain possession”. 

Section 8 notices can only be served in a “prescribed form” with a required notice period for a tenant. 

With this Act, Labour has integrated new or amended grounds of possession under Section 8 which include:

  • Amended Ground 1: If a landlord, or their close family, wishes to move into the property - four-month notice
  • New Ground 1A: Intention to sell the property (if the tenancy exceeds 12 months) - four-month notice
  • New Ground 2ZA-D: Surrounding if the landlord doesn’t own the leasehold - four-month notice
  • New Ground 4A: If all tenants are students with a HMO license, but only used between 1 June and 30 September with pre-notice given - four month notice
  • New Ground 6A: If the property has an issue, whether that’s planning breach, improvement notice, prohibition order or licensing problem - four-month notice
  • Amended Ground 8: For cases of rent arrears, the periods have now been changed to 13 weeks of rent or three months’ arrears - the notice period is now two weeks

As with current eviction processes, if the tenant doesn’t vacate, landlords will need to provide evidence in court to enforce the Section 8 ground.

Further reading