Prior to the Renters' Rights Act there were two main ways in which a landlord in England could serve notice on a tenant to inform them of their intention to regain possession of the property. 

Landlords could issue a Section 21 Notice when the fixed term had expired (or was due to expire) and give the tenant at least two months' notice. If the tenant did not vacate by the expiry of the notice,  the landlord could apply for possession using the accelerated possession procedure.  This process was commonly known as "No Fault" eviction, as landlords were not required to prove any wrongdoing by the tenant.

In cases where the tenant had breached the terms of the tenancy, for example failing to pay rent or engaging in anti-social behaviour, landlords would  serve a Section 8 Notice, citing one or more of the specific legal grounds contained in Schedule 2 of The Housing Act 1988, and providing the relevant notice period for those grounds.  If the tenant did not vacate landlords would apply for possession using the standard possession procedure. 

Many landlords had historically relied on the no fault eviction process to regain possession of their rental property.

What's Changed?

The Renters' Rights Act brings in major changes to the private rented sector in England, affecting how landlords regain possession of their properties. The Act abolishes Section 21 'No Fault' evictions and removes fixed term tenancy agreements. 

Under the new rules, landlords will only be able to regain possession using strengthened Section 8 grounds. This means that landlords must follow the correct Section 8 notice procedures and meet all legal requirements before seeking possession through the courts. 

When Do the Rules Change?

From 1 May 2026, landlords will no longer be able to use Section 21 Notices and will have to rely on expanded Section 8 grounds for possession which will include grounds relating to sale of a property, moving in, redevelopment, and serious rent arrears. 

The government will be publishing new documents and Simply-Docs are conducting a thorough review of our templates and documents and will update these and notify customers with the necessary changes where necessary.