Section 21 Abolished: What Landlords Need to Know

Section 21 Abolished: What Landlords Need to Know

Section 21 is gone. For landlords who have relied on it as a straightforward route to possession, this is a significant change.

What Has Replaced It

All possession claims must now be based on a ground under Schedule 2 to the Housing Act 1988 as amended. The most commonly used grounds are Ground 1A (sale — two months' notice, cannot re-let for three months), Ground 1B (landlord or family to occupy — two months' notice), Ground 8 (serious rent arrears — a mandatory ground), and Ground 14 (anti-social behaviour — discretionary).

Notice Requirements

Notices must be in writing on the correct form (Form 3 for Section 8 notices), must specify the grounds being relied upon, and the correct notice period for each ground must be observed. Compliance with tenancy deposit protection and provision of EPC and gas safety certificate is also checked by the court.

How Long Does a Possession Claim Take?

From the date a valid notice expires to a final possession hearing, it is realistic to allow six to twelve months, sometimes longer. Planning and acting early is now more important than ever.

Practical Steps for Landlords

Review all your tenancy agreements to understand whether the new Act applies, ensure all safety certificates and prescribed information are in order, identify the correct ground early and take advice before serving a notice, and do not serve informal notices or put pressure on tenants to leave without following the legal process — this can amount to illegal eviction.

This article provides general legal information only. It is not formal legal advice and does not create a solicitor-client or barrister-client relationship. If you need advice specific to your circumstances, please consult a qualified legal professional.