Part 2: The Renters’ Rights Bill – Abolition of Section 21 

In our first article of this series, I hopefully gave you an overview of the Renters’ Rights Bill, outlining its key provisions and the impact it will have on the social housing sector.  

If you haven’t read it yet, you may want to do so before diving into this article. 

Read the article here! 

Now, however, we turn our attention to one of the most significant changes introduced by the Bill: the abolition of Section 21, also known as ‘no-fault evictions.’  

This is set to redefine the legal framework for ending tenancies and has major implications for landlords, particularly those managing complex social housing arrangements. 

Currently, landlords can use a Section 21 notice to end an assured shorthold tenancy (AST) without providing a reason.  

This has long been a contentious issue, with tenant advocacy groups arguing that it creates insecurity and instability for renters. 

Under the new Bill, Section 21 will be scrapped entirely, meaning landlords will only be able to evict tenants by serving a Section 8 notice, which requires specific legal grounds for possession.  

While this change primarily targets the private rental sector, it also has considerable implications for you and your operations. 

How will this affect social housing landlords? 

Although many social housing providers do not typically rely on Section 21 as frequently as private landlords, the removal of this mechanism will still necessitate a review of tenancy management strategies.  

The key areas of concern include: 

1. Greater reliance on Section 8 grounds 

With no-fault evictions removed, you must ensure that any possession claims are legally justified under Section 8.  

This means: 

• More robust documentation: detailed records of tenant behaviour, arrears, or breaches of tenancy agreements will be critical. 

• Longer eviction processes: the requirement to provide legal grounds and, in many cases, attend court hearings, may lead to increased delays and costs. 

• Potential for increased disputes: tenants who may previously have accepted a Section 21 notice without contesting it may now challenge evictions more frequently. 

If you need help with this, you should speak with a solicitor who specialises in social housing.  

2. Managing complex and supported tenancies 

You probably deal with some tenants who have complex needs, including those receiving housing support, individuals with vulnerabilities, or tenants in supported accommodation.  

The inability to use Section 21 may make it more challenging to manage cases where re-housing a tenant is necessary for their wellbeing or for the sustainability of a community. 

3. Impact on void management and housing supply 

One practical concern is the potential increase in void periods due to prolonged possession proceedings.  

This could affect the ability to re-let properties efficiently, leading to financial strain and longer waiting times for those in need of social housing. 

How should social housing landlords prepare? 

With the abolition of Section 21 on the horizon, preparation is key to ensuring smooth tenancy management and compliance with the new legal framework.  

Steps you should take now include: 

• Reviewing tenancy agreements: ensure that your tenancy agreements clearly define tenant responsibilities and potential grounds for possession under Section 8. 

• Enhancing record-keeping practices: documenting tenant interactions, complaints, arrears, and property conditions will be essential in supporting any of your future possession claims. 

• Strengthening dispute resolution processes: consider how your tenancy sustainment strategies and internal mediation can be used to resolve issues before legal action is necessary. 

• Training staff on Section 8 procedures: your housing officers and property managers should be fully informed of the revised eviction framework and the increased burden of proof required. 

For you, as a social housing landlord, the abolition of Section 21 should reinforce the need for clear tenancy management, robust legal compliance, and a proactive approach to dispute resolution. 

In the next article in our series, we will explore the Bill’s other major reforms, including enhanced property condition requirements, the introduction of a landlord ombudsman scheme, and the new landlord registration system. 

However, if you have any concerns about how these changes will affect your organisation today, please get in touch with our team for expert advice.  

Speak to a solicitor.