The UK rental market is set to undergo a significant transformation in 2025 with the introduction of the Renter’s Rights Bill by the Labour government. One of the most impactful changes in this legislation is the abolition of Section 21 notices, a long-standing mechanism that has allowed landlords to repossess their properties without providing a reason. As this change approaches, landlords must understand its implications and take proactive steps to safeguard their interests.

 

What is a Section 21 Notice?

A Section 21 notice, commonly known as a ‘no-fault’ eviction, is a legal tool under the Housing Act 1988 that enables landlords to regain possession of their property at the end of a fixed-term tenancy or during a periodic tenancy without needing to establish any grounds for eviction. This has historically provided landlords with flexibility, allowing them to remove tenants with two months’ notice, provided all legal requirements have been met.

 

How Do Section 21 Notices Work?

To legally serve a Section 21 notice, landlords must adhere to several requirements to ensure the validity of the notice:

• Correct Notice Period: Landlords must provide tenants with at least two months’ notice before requiring possession of the property.
• Proper Documentation: The notice must be in writing and comply with the prescribed form (Form 6A in England).
• Deposit Protection Compliance: If a deposit was taken, it must be protected in a government-approved tenancy deposit scheme, and tenants must have been provided with the prescribed information regarding the scheme.
• Valid Energy Performance Certificate (EPC): Tenants must have received a valid EPC for the property.
• Gas Safety Certificate: If the property has gas appliances, tenants must have been given a valid gas safety certificate.
• How to Rent Guide: Landlords must provide tenants with the latest version of the government’s ‘How to Rent’ guide at the start of the tenancy.
• No Outstanding Repairs or Enforcement Notices: If the local council has served an improvement notice or emergency remedial action notice on the property, landlords may be prevented from serving a Section 21 notice.

Failing to meet any of these requirements can result in the notice being deemed invalid, meaning landlords may have to restart the process, causing delays and potential legal complications.

 

How Long Can Section 21 Notices Still Be Used?

Landlords can still serve Section 21 notices until the Renter’s Rights Bill officially becomes law in 2025. While an exact date for the abolition has yet to be confirmed, it is expected that landlords will no longer be able to issue such notices once the legislation is enacted. This means that landlords who are considering reclaiming their properties under the current system should act promptly while ensuring full compliance with existing legal requirements.

 

What This Means for Landlords

The abolition of Section 21 marks a major shift in landlord-tenant relations. Without this mechanism, landlords will have to rely on Section 8 notices, which require proving specific grounds for eviction, such as rent arrears, antisocial behavior, or breaches of tenancy agreements. This process is often more complex, time-consuming, and subject to legal challenges, potentially making it harder for landlords to regain possession of their properties when needed.

Landlords should consider reviewing their tenancy agreements, ensuring robust clauses are in place to protect their interests, and seeking legal guidance on alternative eviction processes. Proactive management of rental properties, including thorough tenant screening and clear communication, will become more crucial than ever.

How Muldoon Britton Can Help

At Muldoon Britton, our expert property litigation team is well-versed in landlord-tenant law and the evolving legal landscape. Whether you need assistance with issuing a Section 21 notice before the deadline or navigating the post-reform rental market, our team can provide tailored legal support to ensure you remain compliant and protected.

If you are a landlord seeking legal advice, contact us today to discuss your options and secure expert guidance during this transition.