The Renters’ Rights Act 2025 (“RRA”) is the largest legislative shakeup to the private rental sector in the last 30 years. One of the key provisions is that s.21 notices will be abolished.
The consensus is that the RRA will make it more difficult for landlords to obtain possession and in doing so, will provide a greater level of protection to tenants. This is largely due to the shift away from ‘no fault’ evictions, towards fault, or evidence-based, evictions. Instead of a s.21 notice a landlord will have to use a s.8 notice, relying upon one or more of the grounds listed in Schedule 2 of the Housing Act 1988 (as amended).
If a tenant does not leave following a s.8 notice the landlord will have to issue court proceedings. Even if the landlord is successful in evidencing the ground(s) upon which they rely, the court in some instances will have a discretion to refuse possession. This is not the case with a s.21 notice, which if valid, means that possession must be ordered.
In light of these upcoming changes, as the then Renters’ Rights Bill worked its way through the Houses of Commons and the Lords, and certainly since the government has announced the all-important commencement date of 1 May 2026 (on which s.21 notices will be abolished) many agents and solicitors alike have noticed an influx of instructions from landlords to obtain possession of their properties by way of a s.21 notice.
While a landlord does not have to state reasons for wanting possession in a s.21 notice, there are many reasons behind the sudden spike in their use such as:
- With the high costs of borrowing some landlords no longer consider renting to be a financially viable enterprise. This, coupled with the additional obligations which a landlord will have to ensure they comply with under the RRA (for example signing up to the new database of landlords), has led many landlords to conclude that renting is now more trouble than it is worth.
- Some landlords may have already been in a position where they were uncertain about continuing with their current tenants. This could be due to various reasons such as unsatisfactory behaviour of the tenants, or the persistent late payment of rent. While a landlord could issue a s.8 notice on these grounds, for the reasons discussed above, it is often simpler to issue a s.21 notice.
Uncertainty as to whether they want to continue renting, or if they will be able to obtain possession later down the line, is driving many landlords to issue s.21 notice while they can.
However, caution should be exercised when seeking possession and issuing a s.21 notice in haste could result in:
- A defective s.21 notice. If due care hasn’t been taken to ensure a s.21 notice can be validly served the landlord may find that the notice upon which they want to rely is defective. An invalid s.21 notice will likely result in increased agent’s, solicitor’s (and potentially court) fees, which otherwise could have been avoided. In addition, considering the imminent deadline of 1 May 2026, if a s.21 notice is defective, the landlord may find that they are out of time to serve a further notice.
- Loss of Rent. After obtaining possession, the landlord may not be able to either (1) re-let the property quickly or (2) sell the property as swiftly as may have been intended (especially considering the current market conditions). The loss of rent and cost of utilities (for which the landlord will be liable) during this period will increase the landlord’s costs.
Ultimately, after considering the changes which will be implemented by the RRA, landlords need to review their current situation and consider points such as:
- Whether they want to continue letting their property, or if they if they want to sell it. If it is the latter, do they want to sell imminently (and therefore may want to consider serving a s.21 notice now) or are they willing to wait until the market has picked up. In this regard it is worth noting that a new ground 1A is due to be introduced under the RRA which will allow a landlord to seek possession on the basis that they want to sell the property.
- Whether they are aware of their additional obligations with which they must comply under the RRA. Do they have agents instructed who will be able to guide and or assist them? If not do they need to consider instructing agents? A key document which must be served on tenants is the Government’s information sheet. Failure to serve this in the required period can result in financial penalties of up to £7,000 for both the landlord and/or their agent.
Ultimately, where unsure the best course of action is for a landlord to take advice, either from an agent, or solicitor.
Georgina Salt, Solicitor, Property & Commercial Litigation team, Wilsons Solicitors