Week 17. Section 21 ‘No-fault’ evictions
A legal mechanism under scrutiny
Case summary: A Section 21 in real life
A client that lived in her rental property with her partner and children. She always paid her rent on time, maintained the property respectfully, and had a strong tenancy history. The challenges began when she raised concerns to the estate agent about mould, damp, and disrepair, issues that had previously been flagged by Environmental Health.
Shortly after her complaint, the landlord’s daughter, began intervening directly and unprofessionally, with intimidation tactics, such as showing up unannounced at the property. The client then received a Section 21 notice. Despite the lack of any breach of tenancy or fault on the part of the client, the notice forced the family to leave their home.
Throughout the process:
Environmental Health supported the client’s concerns.
The local council provided temporary accommodation.
She was placed in the Gold Band for urgent housing needs.
The housing association ultimately offered a direct letting in response to persistent advocacy and evidence provided.
This journey is an example of what tenants can face, even those who have done everything right.
Section 21 of the Housing Act 1988 allows landlords to recover possession of their property after the fixed term of a tenancy ends, without alleging any breach by the tenant (Housing Act 1988, s.21). Its use is subject to strict procedural requirements (e.g., serving correct notice, using prescribed forms, meeting deposit and licensing rules) (GOV.UK, 2023).
The government has pledged to abolish Section 21 as part of the Renters Reform Bill, arguing that it undermines housing security. In contrast, landlords and industry bodies argue that they need a swift mechanism to regain possession for legitimate reasons (NRLA, 2023).
Key legal points:
Section 21 cannot be used in retaliation for complaints under the Retaliatory Eviction provisions of the Deregulation Act 2015 (s.33) (Deregulation Act 2015, s.33).
Notice must be validly served using Form 6A (GOV.UK, 2023).
It cannot be used where certain legal requirements have not been met, e.g., deposit protection, provision of EPCs, gas safety records, How to Rent guide (GOV.UK, 2023).
The courts are typically bound to grant possession if the procedure has been correctly followed, even if the eviction appears morally or socially unfair (Shelter, 2023)
Stakeholders and the Balancing Act
Tenants are directly impacted by Section 21, often facing eviction through no fault of their own. In our client’s case, despite always paying rent and maintaining the property, she was evicted shortly after raising complaints about serious disrepair. Her experience, supported by local authorities and the estate agent, shows how Section 21 can be used punitively and leaves tenants vulnerable (Shelter, 2023; Fitzpatrick et al., 2021).
Landlords argue that Section 21 offers a necessary tool to regain possession quickly, particularly when facing rent arrears, property damage, or anti-social behaviour. Without it, they fear becoming trapped in unsustainable tenancies, especially where proving fault under Section 8 grounds is difficult or time-consuming (NRLA, 2023). For many, this is about protecting their investment and maintaining control over their property (Scanlon et al., 2020).
Local authorities often bear the burden when tenants are evicted through Section 21. They must assess housing need, provide emergency accommodation, and manage limited social housing stock. In our client’s case, the bidding process was long and emotionally draining, placing additional pressure on already stretched public services (Crisis, 2022).
Courts are expected to absorb a heavier workload if Section 21 is abolished, as landlords will have to pursue possession under Section 8, which may lead to more contested hearings and legal delays (Ministry of Justice, 2023). Even when a tenant complies with a no-fault eviction, as our client did, they may still face unexpected legal procedures, such as costs hearings, which can be intimidating and confusing without legal support.
Letting agents and housing associations are often caught in the middle. Some, like the housing association in our client’s case, helped facilitate her transition and confirmed her reliability as a tenant. Others simply follow the landlord’s instructions, even when they appear unjust. The behaviour of intermediaries can significantly affect outcomes for tenants (Fitzpatrick et al., 2021).
A fair housing system must work for everyone: tenants, landlords, local authorities, and agents. Reforming Section 21 should not be about creating winners and losers, but about balancing rights and responsibilities to ensure just and transparent outcomes (Department for Levelling Up, Housing and Communities, 2023)
Legislative update: The Renters' Rights Bill nears completion
As of mid-May 2025, the Renters' Rights Bill is progressing through the Committee Stage in the House of Lords. This phase involves detailed examination and debate of the bill's provisions. The final two committee sessions are scheduled for May 12 and May 14. Once the Committee Stage concludes, the bill will move to the Report Stage and then to the Third Reading in the Lords. If both Houses agree on the final text, the bill is expected to receive Royal Assent by summer 2025, with implementation targeted for October 2025 (UK Parliament, 2025).
The bill proposes significant reforms to the private rental sector, including:
Abolition of 'no-fault' evictions under Section 21 of the Housing Act 1988.
Introduction of new grounds for possession, allowing landlords to regain properties under specific circumstances.
Establishment of a Private Rented Sector Ombudsman, providing a streamlined dispute resolution mechanism.
Implementation of the Decent Homes Standard across the private rental sector, ensuring minimum property standards (Department for Levelling Up, Housing and Communities, 2023).
Finding the balance
The debate around Section 21 lies at the heart of a much deeper conversation about fairness, housing rights, and the future of renting in England. There is no easy answer. Abolishing Section 21 entirely, without resolving the inefficiencies and delays of the Section 8 process, risks pushing landlords out of the market, especially smaller, private landlords who fear being locked into problematic tenancies. At the same time, continuing to allow no-fault evictions undermines housing stability and contradicts the broader aims of public policy, including the prevention of homelessness and protection of vulnerable tenants.
We must ask ourselves:
Could a middle ground be introduced, such as mandatory mediation before any no-fault eviction?
Should landlords be required to provide longer notice periods or compensation to tenants who are displaced without wrongdoing?
Would clearer and more consistent guidance from courts on retaliatory eviction claims help deter abuse of Section 21?
These are not just legal questions, but human ones. They deserve thoughtful public discourse and legislative reform that takes into account all perspectives, those of tenants, landlords, agents, and the institutions tasked with implementing housing law fairly.
Finally, this week, I honour all the professionals across the housing sector, estate agents, letting officers, private and social landlords, and especially housing officers in local councils, who handle their work with integrity and compassion. In our client’s case, it was the thoughtful conduct of these individuals that helped mitigate what could have been a far more traumatic experience. On her final call with the council, after thanking the officer for her time and help, the council worker responded: “In all my years working this job, that’s the first thank you I’ve received.”
That is simply not good enough. The emotional burden these professionals carry, often caught between limited resources and urgent need, deserves our full respect and recognition. Their efforts matter, and they should not go unnoticed.
Although our client now faces the possibility of a further costs hearing, there is much to celebrate. After years of perseverance and commitment to doing the right thing, she and her family have finally secured their forever home. Their journey, though gruelling, stressful, and at times deeply unfair, shows that when tenants uphold their responsibilities and assert their rights with courage and dignity, there is light at the end of the tunnel. This young family can now begin the next chapter of their story in peace and stability, a beautiful ending and I truly wish them all the best.
Lets go!
References
Crisis (2022) Over 32,000 households in England served with a no-fault eviction last year. Available at: https://www.crisis.org.uk/about-us/crisis-media-centre/over-32-000-households-in-england-served-with-a-no-fault-eviction-last-year/
Department for Levelling Up, Housing and Communities (2023) Landmark reforms to give greater security for 11 million renters. Available at: https://www.gov.uk/government/news/landmark-reforms-to-give-greater-security-for-11-million-renters
Deregulation Act 2015, c. 20. Available at: https://www.legislation.gov.uk/ukpga/2015/20/section/33
Fitzpatrick, S., Pawson, H., Bramley, G., Wilcox, S., and Watts, B. (2021) The Homelessness Monitor: England 2021. London: Crisis.
GOV.UK (2023) Assured tenancy forms. Available at: https://www.gov.uk/guidance/assured-tenancy-forms
Housing Act 1988, c. 50. Available at: https://www.legislation.gov.uk/ukpga/1988/50/section/21
Ministry of Justice (2023) Understanding the possession action process: A guide for private landlords in England and Wales. Available at: https://www.gov.uk/government/publications/understanding-the-possession-action-process-guidance-for-landlords-and-tenants/understanding-the-possession-action-process-a-guide-for-private-landlords-in-england-and-wales
National Residential Landlords Association (NRLA) (2023) NRLA responds to Renters' Rights Bill amendments. Available at: https://www.nrla.org.uk/news-nrla-responds-renters-rights-bill-amendments
Scanlon, K., Whitehead, C., and Blanc, F. (2020) The role of the private rented sector in providing affordable accommodation to low-income households. London: LSE London.
Shelter (2023) Section 21 eviction. Available at: https://england.shelter.org.uk/housing_advice/eviction/section_21_eviction
UK Parliament (2025) Renters' Rights Bill 2024-25: Progress of the bill. Available at: https://commonslibrary.parliament.uk/research-briefings/cbp-10166/ https://bills.parliament.uk/bills/3462
