What the abolition of Section 21 means for landlords under the Renters’ Rights Act 2025
The landscape of private renting in England is set to change forever as the landmark Renters’ Rights Act 2025 (“the Act”) has now received Royal Assent, cementing its place within our law.
For landlords, this Act marks a fundamental shift in how tenancies are managed and, crucially, how they are ended. Following the Act receiving Royal Assent, the abolition of Section 21 is now well underway. Whilst the abolition of Section 21 of the Housing Act 1988 (“Section 21”) is not immediate, today’s Royal Assent fires the starting pistol on a limited window of time during which a landlord will be able to utilise Section 21 to gain possession of their properties. The message to landlords is clear: if you need to regain possession of your property using a Section 21 Notice, your time is running out.
When will Section 21 be abolished? Royal Assent and commencement date
Royal Assent is the final step that turns a government Bill into an Act of Parliament. The Act’s most significant provisions, including the abolition of Section 21, are not yet in effect. The government will implement these changes on a future, unconfirmed “commencement date”. This commencement date is likely to be in 2026, and landlords will be given notice of it. This period is designed to allow landlords, agents and the courts to prepare.
It is likely that the abolition of Section 21 will be rolled out in two main stages:
Stage 1: commencement date (for new tenancies)
- From this date, all new tenancies will be periodic from day one.
- It will be illegal to serve a Section 21 Notice for any of these new tenancies.
- Landlords will only be able to seek possession for these tenancies using the revised Section 8 grounds.
Stage 2: the back-stop date (for existing tenancies)
- At a later date, the new rules will apply to all existing tenancies.
- On this date, any remaining Assured Shorthold Tenancy Agreements will automatically convert to the new periodic tenancy structure.
- From this point, Section 21 will be abolished for all residential tenancies in England.
What are the transitional arrangements for Section 21?
Landlords can still serve a valid Section 21 Notice before the new system applies to that specific tenancy. However, the window to act on that notice will be shortened.
Under the current rules, a landlord has six months from the date a Section 21 Notice is served to apply to the court for a possession order. The Act introduces a new cut-off point: where a notice is served before the commencement date, the landlord must apply to the court by the earlier of these two deadlines:
- Six months from the date the notice was served (the current rule).
- Three months from the commencement date (the new rule).
Let’s look at an example:
Assuming the government sets the commencement date as 1 June 2026 (a hypothetical date for the purposes of this example), and the landlord serves a valid Section 21 Notice on 15 April 2026, with the notice expiring on 15 June 2026, then under the old rules a landlord would have until 15 October 2026 to issue a claim for possession under Section 21. Under the new transitional rules, the landlord would be required to issue a claim for possession by no later than 1 September 2026, which is three months from the date of commencement.
It is currently unclear what date the government will select for the commencement date, but the above works as an example of how the transitional arrangements are likely to operate. Any landlord who serves a Section 21 Notice and does not issue a claim for possession by the deadline will find their notice invalid.
What should landlords do before the Section 21 abolition deadline?
All landlords should review their portfolios and determine whether they wish to obtain possession of any of their properties before the transitional arrangements end.
Need advice before the Section 21 cut-off date? How Talbots can help
Our Real Estate Litigation and Dispute Resolution team has extensive experience dealing with evictions, both for landlords and tenants, so please do not hesitate to get in touch with one of our landlord and tenant specialists who will be happy to assist. Call our team on 0800 118 1500 or complete our form below.
Upcoming event: Talbots Law will shortly be hosting a Real Estate Litigation Conference on the Renters’ Rights Act. More details will be released soon.
Disclaimer
This blog was written by Ricky Sidhu, Solicitor in our Real Estate Litigation Team. The contents of this blog, or any other published by Talbots Law, cannot be considered as legal advice so you should take no action without prior consultation with a qualified solicitor or legal professional. The contents of this blog refers to the process in England and Wales.
- Josh Unwin-Millichamp, Director & Head of Real Estate Litigation, Solicitor
- Katie Richards, Associate & Solicitor
- Shannan Sutton, Chartered Legal Executive