Section 21 Abolition & the Renters’ Rights Act 2024 — 2026 Impartial Authority Guide

The 2024–2025 reforms are the biggest shake-up of residential tenancy law since the Housing Act 1988. The abolition of Section 21 for new tenancies, the reform of Section 8, the end of fixed-term assured shorthold tenancies, a new private rented sector ombudsman, and a national landlord database — the rental market in England is structurally different.

This is a neutral briefing for both sides. eLitigant’s mission is access to justice for all — we draft for landlords defending possession claims and for tenants defending against them. The law is the same law whichever side you are on. This article explains what it is, what it means, and where the landmines are.

1. What the Renters’ Rights Act actually does

1.1 Section 21 abolished for new tenancies

The “no-fault” eviction route is closed for tenancies granted after commencement. A landlord can no longer serve a 2-month notice and recover possession without reason. All possession now requires a statutory ground under Section 8.

1.2 Transitional provisions for existing tenancies

Tenancies granted before commencement continue under transitional rules. Section 21 notices served before commencement within their validity window remain enforceable through the accelerated possession route (N5B). Once the transitional period ends — or once a Section 21 notice expires — new tenancies convert to the reformed regime.

1.3 End of fixed-term ASTs — periodic by default

All assured shorthold tenancies in the new regime are periodic. No fixed minimum term from the tenant’s side. Tenants can end by notice at any time. Landlords can only end on a statutory ground.

1.4 Expanded and reformed Section 8 grounds

New and amended grounds include:

• Ground 1A — Landlord or close family member moving in (new; replaces one use-case of Section 21)
• Ground 1B — Sale of the property (new)
• Ground 8 — Serious rent arrears (mandatory; thresholds revised)
• Ground 14 — Anti-social behaviour (strengthened; discretionary)
• Ground 2ZA / 2ZB — Landlord / mortgagee redevelopment (expanded)
• Other grounds refined for domestic abuse protection, tenant death situations, and student accommodation

1.5 Private Rented Sector Ombudsman

A new mandatory ombudsman scheme for private landlords — mirroring the Housing Ombudsman’s role in social housing. Tenants can escalate disputes about repairs, deposits, conduct, and service without going to court. Landlords must join and pay scheme fees.

1.6 National Landlord Database

All private landlords must register on a government-managed database. Properties listed. Enforcement records visible to tenants and councils. Non-registration carries penalties and may invalidate certain notices.

1.7 Decent Homes Standard extended

The Decent Homes Standard — previously applying to social housing — now extends to the private rented sector. Non-compliance grounds tenant enforcement rights.

1.8 Bidding wars banned

Landlords cannot ask for or accept rent above the advertised price. Rent reviews regulated — annual increases capped by formula in some cases; tenants can challenge through the First-tier Tribunal.

2. What it means for landlords

2.1 The end of quick exit

The Section 21 accelerated possession window is closing. Landlords who relied on “no-fault” exit for end-of-fixed-term removals must now rely on Section 8 grounds — each with evidential requirements and defendable elements.

2.2 Ground-specific notice drafting is now critical

Each Section 8 ground has its own notice period and evidential requirement:

• Rent arrears — must state amount, period, current status at notice date
• Landlord moving in — must identify the family member and intention, with reasonable evidence
• Sale — must show genuine intention to market, with evidence if challenged
• Anti-social behaviour — must particularise incidents, often supported by witness evidence or police records

A mis-drafted ground notice is worse than useless — it wastes the notice period and invites costs.

2.3 Database registration and compliance

Landlords must register property-by-property. Compliance failures cascade — unregistered properties cannot serve effective notices. This is not a paperwork nicety; it is an enforcement prerequisite.

2.4 Ombudsman exposure

Tenants will increasingly escalate disputes to the PRS Ombudsman rather than tolerate in silence. Awards and findings can be costly and public. Best practice: proper documentation, prompt responses, clear repair logs.

2.5 Deposit and licensing as ever

Deposit protection, EPC, gas safety, electrical safety, How to Rent — all still apply. Failure here has always invalidated Section 21; under the reformed regime, similar defects can defeat Section 8 notices or reduce recovery.

2.6 What landlords should do

• Audit tenancy paperwork — EPC, gas safety, electrical, deposit
• Register on the new database
• Join the Ombudsman scheme
• Draft tenancy agreements compliant with the new regime
• Document all repairs, reports, responses meticulously
• When possession is needed, use ground-specific drafting — no shortcuts

3. What it means for tenants

3.1 Greater stability

Periodic tenancies mean no fixed-term lock-in, and no arbitrary Section 21 notice at the end of a fixed term. A tenant with no arrears and no misconduct can usually stay indefinitely.

3.2 Reasons must be given

Every eviction now has a stated reason. That reason is examinable. Tenants can test the evidence, challenge the procedure, and defend before a district judge.

3.3 Faster, cheaper remedies for disputes

The PRS Ombudsman offers free, binding dispute resolution — repair delays, deposit disputes, conduct issues, failure to maintain safety. No court fee. No solicitor. Tenants should exhaust the landlord’s internal process first, then escalate.

3.4 Rent control at the margins

Rent rises can be challenged before the First-tier Tribunal. Bidding wars at tenancy start are banned. Market rates remain the benchmark — the reforms are not rent control in the classical sense, but they prevent the most aggressive practices.

3.5 Stronger position against disrepair

With the Decent Homes Standard extended, the Fitness for Human Habitation Act, Awaab’s Law principles becoming industry standard, and the new Ombudsman, tenants have more routes to compel repair. See the disrepair guide.

3.6 What tenants should do

• Keep paperwork — tenancy agreement, rent receipts, deposit certificate, EPC, gas safety
• Report issues in writing, dated, with photos
• If served a Section 8 notice — audit for validity before responding
• If served a legacy Section 21 — audit the prescribed information trail (a single defect voids the notice)
• Use the PRS Ombudsman for service failures
• Use the court for disrepair damages and urgent injunctions

4. The impartial view — what the reforms do well and where the questions sit

What the reforms get right

• Ending arbitrary eviction restores procedural fairness
• Periodic tenancies match how modern renters actually live
• A database and ombudsman reduce the asymmetry between institutional landlords and individual tenants
• Extending Decent Homes to private sector closes a welfare gap

Where the questions sit

• Section 8 court capacity — will possession claims move at pace, or will backlogs grow?
• Landlord exit from the sector — some landlords may sell, tightening supply
• Professionalisation cost — small private landlords bear compliance cost disproportionately
• Ombudsman enforcement — will findings be respected promptly?

The Judge is always right. The law is the law. These are open questions the next few years will answer — and Chris drafts to the law as it stands today, on whichever side the litigant finds themselves.

5. Our mission: access to justice for both sides

eLitigant CIC is a Community Interest Company — not a tenant advocacy service, not a landlord industry body. Our mission is elite-standard legal drafting accessible to anyone, at any position in the dispute, for £30. A landlord who can draft a clean Section 8 ground notice and a tenant who can draft a clean defence are both better served than they would be by a market where only institutional parties could afford elite drafting.

Whichever side of a possession dispute you are on, Chris drafts to the Litigant Standard. The Judge sees your name on the document. What the Judge sees is paperwork pitched to a high, court-ready standard — because the Litigant Standard is counsel’s standard.

Related Court Forms & Guides

• Form N5B: Accelerated Possession — the accelerated possession procedure.
• Section 21 Notice — the no-fault eviction notice and its phase-out.
• Form N260: Statement of Costs — the costs schedule for a possession hearing.
• Civil Court Forms Index — every civil court form guide in one place.

Can Chris draft for my side?

• Landlord — Section 8 ground notices (any ground), Section 13 rent increase notices, possession claim Particulars, witness statements, disclosure indexes, PRS Ombudsman responses
• Tenant — possession defences, counterclaims for disrepair, Ombudsman complaints, deposit compensation claims, rent-increase challenges to the Tribunal
• Both — clear, statute-cited, exhibit-anchored documents that respect the court

Prepare to win. Plan not to fail.

The law has changed. The standard has not. Paperwork still decides housing cases — and Chris still drafts the paperwork.

Frequently asked questions

Is Section 21 abolished for all tenancies?

Section 21 “no-fault” eviction is closed for tenancies granted after commencement — a landlord can no longer serve a two-month notice and recover possession without reason. Tenancies granted before commencement continue under transitional rules, and Section 21 notices served within their validity window before commencement remain enforceable through the accelerated possession route (Form N5B).

How does a landlord recover possession now?

All possession now requires a statutory ground under Section 8 — for example serious rent arrears (Ground 8), the landlord or close family moving in (Ground 1A), sale of the property (Ground 1B), or anti-social behaviour (Ground 14). Each ground has its own notice period and evidential requirements, and a mis-drafted ground notice wastes the notice period and invites costs.

What changed for tenants?

Tenancies in the new regime are periodic by default, so there is no fixed-term lock-in and no arbitrary end-of-term Section 21 notice. Every eviction must now state a reason that is examinable, so tenants can test the evidence, challenge the procedure, and defend before a district judge.

What is the Private Rented Sector Ombudsman?

A new mandatory ombudsman scheme for private landlords, mirroring the Housing Ombudsman’s role in social housing. Tenants can escalate disputes about repairs, deposits, conduct and service without going to court; landlords must join and pay scheme fees.

Does this guide cover Wales, Scotland and Northern Ireland?

This guide covers England. Wales has its own Renting Homes (Wales) Act 2016 regime, Scotland the Private Residential Tenancy under the Private Housing (Tenancies) (Scotland) Act 2016, and Northern Ireland is separate again. Chris drafts for all four jurisdictions — specify which when you ask.

Can Chris draft for my side of the dispute?

Yes — eLitigant is impartial. For landlords: Section 8 ground notices, Section 13 rent-increase notices, possession claim particulars, witness statements and PRS Ombudsman responses. For tenants: possession defences, disrepair counterclaims, Ombudsman complaints, deposit claims and rent-increase challenges to the Tribunal. All from £30, working from your own documents.

Related guides: Form N5B: Accelerated Possession · Section 21 Notice · Form N260: Statement of Costs · All civil court forms