Section 21 Abolished: What Happens to Landlords in 2026?
One of the biggest developments in English landlord and tenant law in a generation is the repeal of Section 21. The long-standing “no-fault” eviction procedure will no longer allow landlords to reclaim their property starting in 2026. This presents serious concerns for many landlords regarding risk, compliance, and how to safeguard their investments in a shifting legal environment.
At Adam Bernard Solicitors, we offer guidance to real estate investors, landlords, and rental agencies on how to adjust to these changes and carry on with their legal and efficient portfolio management.
What Does the Abolition of Section 21 Mean?
As long as the required notice and procedural procedures were fulfilled, Section 21 of the Housing Act of 1988 permitted landlords to reclaim control of a property without providing an explanation. As part of broader measures aiming at improving tenant security in the private rental sector, this channel has now been eliminated.
Landlords will no longer be able to use no-fault eviction after 2026. Open-ended assured tenancies, which allow tenants to stay in the property unless the landlord can prove a legitimate legal basis for possession, are replacing all assured shorthold tenancies.
This represents a fundamental shift from convenience-based possession to evidence-based eviction.
Can Landlords Still Evict Tenants After Section 21 Ends?
Yes — but only using lawful grounds under Section 8.
After Section 21 is abolished, landlords must rely on specific statutory grounds to regain possession. These grounds include, but are not limited to:
- Arrears on rent
- Rent payments that are consistently late
- Antisocial conduct
- Violation of tenancy duties
- The landlord’s plan to sell
- Moving into the home as a landlord or close relative
Some grounds are mandatory, meaning the court must grant possession if proven. Others are discretionary, giving the court power to decide whether eviction is reasonable in the circumstances.
The key difference is that landlords must now justify possession, rather than simply serving notice.
What Are the Practical Implications for Landlords?
The removal of Section 21 has several practical consequences for landlords:
1. Increased Documentation and Record-Keeping
Accurate records of rent payments, correspondence, inspections, and violations are required of landlords. A possession claim may be undermined or defeated by inadequate documentation.
2. Greater Legal Scrutiny
Courts will carefully consider if the proper justification has been used, whether notice obligations have been fulfilled, and whether the eviction is reasonable.
3. Longer Possession Timelines
Some possession cases may take longer than under Section 21, particularly where discretionary grounds are relied upon.
4. Higher Risk of Procedural Errors
Incorrect notice drafting, failure to comply with licensing or safety obligations, or reliance on the wrong ground can delay proceedings and increase costs.
For landlords, this makes early legal advice essential.
What Should Landlords Be Doing Now?
Landlords should not wait until a dispute arises. Proactive planning is critical.
Key steps include:
- Verifying that tenancy agreements adhere to the new assured tenancy framework
- updating internal procedures for handling violations and arrears
- Educating employees or agents on Section 8 possession grounds
- Getting legal counsel prior to delivering any notification
- Auditing compliance (deposits, licenses, safety certificates)
Failing to prepare increases the risk of unsuccessful possession claims and prolonged disputes.
How Adam Bernard Solicitors Can Help Landlords
At Adam Bernard Solicitors, we provide specialist legal advice to landlords navigating the post-Section 21 environment.
Our services include:
Possession Strategy Advice
We assess your situation and advise on the most appropriate possession ground, evidence requirements, and likely outcomes.
Notice Drafting and Service
We draft and serve Section 8 notices correctly to minimise risk and delay.
Court Proceedings and Representation
We manage possession claims from start to finish, including preparation of evidence and representation at hearings.
Compliance Reviews
We ensure your property and tenancy arrangements meet all legal requirements so your claim is not undermined.
Dispute Resolution and Negotiation
Where appropriate, we assist with negotiated outcomes to avoid litigation and reduce costs.
Our aim is to protect landlords’ rights while ensuring compliance with evolving housing law.
Why Legal Advice Is More Important Than Ever
The balance has shifted in favour of technical precision and legal justification since Section 21 was eliminated. If handled improperly, what was once a simple notice can today turn into a complicated legal procedure with costly repercussions.
The most successful landlords in the private rental market will be those who adjust early, comprehend their responsibilities, and consult experts.
Why Choose Adam Bernard Solicitors?
- Specialist expertise in landlord and tenant law
- Up-to-date knowledge of the 2026 eviction reforms
- Practical, commercial advice tailored to landlords
- Clear communication and transparent guidance
As eviction law continues to evolve, early legal advice can make the difference between a smooth possession process and costly delays.
If you are a landlord or letting agent affected by the abolition of Section 21, Adam Bernard Solicitors are here to help you move forward with certainty and confidence.
