For many landlords, letting agents and tenants, the word “eviction” can cause a slight increase in heart rate. It sits somewhere between “tax return” and “unexpected boiler breakdown” on the list of things most people would rather avoid.
The Renters’ Rights Act has brought some of the biggest changes to the private rental sector in decades. Whether you are a landlord trying to understand your rights, a letting agent advising clients, or a tenant wondering where you stand, it is important to understand how the new rules work.
In this article article Solicitor Ed Bowman a member of our Litigation and Disputes team explains the key changes in straightforward English, including the abolition of Section 21 notices, the new emphasis on Section 8 possession claims, and how tenant notice periods work under the new rolling tenancy system.
If you are a Landlord, Letting Agent or Tenant impacted by any of the issues raised please contact your local Kingsfords office in Ashford, Cranbrook or Hythe to discuss how we can help. Alternatively, you can ‘Get In Touch’ via our website enquiry icon, or by calling us on 01233 665544.
The End of Section 21 – What Has Changed?
Perhaps the biggest headline is that Section 21 “no fault” evictions have been abolished. Under the previous system, landlords could generally regain possession of a property without having to provide a specific reason, provided the correct notice was served and legal requirements had been met.
Under the Renters’ Rights Act, that route is no longer available.
This means landlords must now rely on a valid legal ground for possession under Section 8 of the Housing Act 1988 if they wish to recover their property.
For tenants, this provides greater security. They can no longer be asked to leave simply because a landlord wishes to end the tenancy without explanation.
For landlords, it means that planning, record keeping and evidence have become more important than ever.
In simple terms, the days of saying, “I’d like my property back” have been replaced by, “I’d like my property back, and here is the legal reason why.”
So What Replaces Section 21?
Section 8 becomes the primary route for possession.
The good news for landlords is that the legislation has expanded and strengthened various possession grounds. These are intended to cover the situations where landlords genuinely need to regain possession of their property.
Examples include:
Significant rent arrears.
Persistent late payment of rent.
Anti-social behaviour.
Breach of tenancy obligations.
The landlord wishing to move into the property.
The landlord wishing to sell the property.
However, unlike Section 21, these grounds generally require evidence.
The court will expect landlords to demonstrate that the ground relied upon genuinely exists.
Think of it as the difference between making a statement and showing your working. (Your old maths teacher would probably approve).
What Evidence Will Landlords Need?
The exact evidence required depends on the possession ground being used.
Rent Arrears
If possession is sought because of unpaid rent, landlords should maintain:
- A detailed rent schedule.
- Bank statements.
- Rent account records.
- Copies of correspondence regarding arrears.
The court will want to see clear evidence showing what rent was due, what has been paid, and what remains outstanding.
Persistent Late Payment
Even where arrears are not substantial, a history of repeated late payments may support a claim.
Useful evidence can include:
- Payment records.
- Rent ledgers.
- Written reminders.
- Communications with the tenant.
Anti-Social Behaviour
These cases often require more than simply stating that a tenant has caused problems.
Evidence might include:
- Witness statements.
- Complaints from neighbours.
- Police incident reports.
- Environmental health reports.
- Photographs or video evidence where appropriate.
Breach of Tenancy
Where a tenant has breached the tenancy agreement, landlords should retain:
- A copy of the tenancy agreement.
- Photographs.
- Inspection reports.
- Written warnings.
- Correspondence relating to the breach.
Selling the Property or Moving In
The new rules allow landlords to recover possession where they genuinely intend to sell the property or occupy it themselves (or in some cases a close family member intends to occupy it).
Evidence may include:
- Estate agent instructions.
- Marketing plans.
- Valuation reports.
- Written declarations confirming the intention to move in.
Courts are likely to scrutinise these claims carefully, so landlords should ensure their intentions are genuine and properly documented.
Why Good Record Keeping Matters
One practical lesson from the new regime is that paperwork matters.
Landlords who maintain organised records are likely to find the possession process far smoother than those relying on memory alone.
A judge is much more persuaded by a detailed rent ledger than by the phrase:
“I’m fairly sure they stopped paying sometime around Easter.”
Good records help everybody. They provide clarity, reduce disputes and can often encourage earlier resolutions without the need for court proceedings.
What About Fixed-Term Tenancies?
Another significant change is that the Act moves the sector towards periodic, or “rolling”, tenancies.
Rather than fixed terms locking tenants into lengthy commitments, tenants generally have greater flexibility to leave when circumstances change.
This reflects modern renting patterns, where employment, family circumstances and housing needs can change quickly.
How Does Tenant Notice Work?
Under the new system, tenants are generally able to end their tenancy by giving two months’ notice.
The notice must be given in writing and should clearly state the date on which the tenant intends to leave.
For landlords, this means tenants are not tied into lengthy fixed periods.
For tenants, it provides flexibility if they need to relocate for work, move closer to family, purchase a property or simply find a home that better suits their needs.
When Can a Tenant Serve Their Two-Month Notice?
Under the new tenancy structure, tenants can generally serve notice during their periodic tenancy and bring the tenancy to an end after the required notice period.
The key point is that tenants must provide at least two months’ notice.
This is intended to strike a balance between flexibility for tenants and certainty for landlords, allowing landlords a reasonable opportunity to market the property and find replacement tenants.
For landlords and agents, early communication remains extremely valuable. If a tenant is considering leaving, discussing matters in advance can often make the transition smoother for everyone involved.
What Does All This Mean in Practice?
For tenants, the reforms offer increased security and protection from no-fault evictions.
For landlords, the focus shifts towards demonstrating legitimate reasons for possession and ensuring proper evidence is available.
For letting agents, accurate advice and thorough record keeping become even more important.
While some people have expressed concerns that the process may become more complex, many disputes can still be avoided through good communication and sensible management.
A surprising number of landlord and tenant disagreements can be resolved before reaching court simply by having a constructive conversation. It may not be quite as exciting as a courtroom drama on television, but it is usually quicker, cheaper and considerably less stressful.
Final Thoughts
The Renters’ Rights Act represents a significant change in the relationship between landlords and tenants.
The abolition of Section 21 means landlords must now rely on valid Section 8 grounds and be prepared to support those grounds with evidence. At the same time, tenants benefit from greater security and flexibility through the new periodic tenancy structure and two-month notice provisions.
Contact Us
Whether you are a landlord, tenant or letting agent, understanding these changes is essential. If you are facing a possession issue, have received a notice, or are unsure about your rights and responsibilities, seeking legal advice at an early stage can often prevent small problems from becoming much larger ones.
After all, when it comes to property disputes, a little guidance today can save a great deal of stress tomorrow
Please contact Ed Bowman (or other members of our Litigation Disputes Team) at your local Kingsfords office in Ashford, Cranbrook or Hythe. Alternatively, you can click on the “Get in Touch” icon on the right hand side of our Website to send an enquiry and a member of our team will get back to you promptly. You can also call us directly on 01233 665544 where we will be happy to discuss your concerns without obligation
Note: This article is intended for publication on our website. It does not constitute formal legal advice. Law is subject to change and readers should obtain advice on their specific circumstances. (The current implementation of the Renters’ Rights Act, including the abolition of Section 21 and the move to periodic tenancies, took effect in England from May 2026).