Section 21 (Old Regime) vs Renters' Rights Act 2025 Possession Grounds
Comparing the abolished section 21 'no-fault' eviction process under the Housing Act 1988 with the new possession grounds introduced by the Renters' Rights Act 2025, which replaced section 21 and reformed the grounds for possession in the private rented sector.
Overview
The Renters' Rights Act 2025 (RRA 2025), which received Royal Assent and commenced in 2025, abolished the section 21 'no-fault' eviction procedure that had existed under the Housing Act 1988 (HA 1988) s.21 since the assured shorthold tenancy regime was introduced. Under the old regime, a landlord could serve a section 21 notice requiring the tenant to leave without giving any reason, provided certain procedural conditions were met. This was widely used to end assured shorthold tenancies at the expiry of a fixed term or during a periodic tenancy. The RRA 2025 replaces section 21 with a revised set of specific mandatory and discretionary grounds for possession (amended Schedule 2 to HA 1988), significantly expanding protections for tenants. Landlords must now establish a specific ground — such as the landlord genuinely wishing to sell the property, or the tenant being in serious rent arrears — and courts have new powers to consider retaliatory eviction. The Act also extends anti-retaliatory eviction protections and creates new obligations around rent increases.
Side-by-Side Comparison
Section 21 Notice (Abolished — Housing Act 1988 s.21)
Pros
- For landlords: no ground required — could recover possession without explaining reason to the tenant or court
- Relatively straightforward procedure where procedural requirements were met — accelerated possession procedure available under CPR Part 55
- Provided certainty for landlords at the end of a fixed term — could plan ahead with a 2-month notice
- Could be used at any time during a periodic tenancy (after the initial fixed term expired)
Cons
- Abolished by Renters' Rights Act 2025 — no longer available for new notices
- Required strict compliance with procedural conditions (deposit protection, EPC, gas safety certificates, prescribed information) — non-compliance invalidated the notice
- Widely criticised as enabling retaliatory eviction of tenants who complained about disrepair or exercised their legal rights
- Could not be used during a fixed term (subject to break clause) — landlord had to wait for a periodic tenancy or fixed term end
Best For
Historical reference only — section 21 is abolished. Landlords should now use the specific grounds under Schedule 2 HA 1988 as amended by the RRA 2025.
Renters' Rights Act 2025 Possession Grounds (Amended HA 1988 Schedule 2)
Pros
- Provides tenants with greater security — landlord must establish a genuine reason for possession
- Retaliatory eviction protections: courts can refuse possession (or delay it) where a landlord is evicting in response to a tenant exercising legal rights
- Tenant can challenge grounds in court — the court assesses whether the ground is made out and, for discretionary grounds, whether it is reasonable to grant possession
- Extended range of grounds covers legitimate landlord needs (selling, redeveloping, moving in) while removing arbitrary 'no-fault' evictions
Cons
- Landlords must now establish a specific ground — more complex and uncertain than the former section 21 procedure
- Some grounds require notice periods of 2–4 months before court proceedings can begin (depending on the ground)
- Mandatory grounds (e.g. Ground 8 — 3 months' rent arrears) require the full arrears to be established at the date of the hearing, not just at the date of the notice
- Increased court process — the accelerated possession procedure (no hearing) is no longer available since there is always a disputed ground to consider
Best For
Landlords genuinely seeking to sell, redevelop, occupy, or recover possession for a specified statutory reason. Tenants seeking to challenge possession proceedings brought without a legitimate ground.
Key Differences
Our Recommendation
Landlords can no longer serve section 21 notices. Any landlord wishing to recover possession must now identify and establish a specific ground under the amended Schedule 2 to the Housing Act 1988. The most commonly used grounds are likely to be Ground 1A (sale of property), Ground 1 (landlord occupation), and Ground 8 (serious rent arrears). Tenants receiving possession notices should check which ground is cited, whether the procedural requirements are met, and whether there are any anti-retaliatory eviction protections that apply. Both landlords and tenants should take legal advice in contested possession proceedings.