Private landlords, know your Section 21 rights

With the Renters’ Rights Bill still on the horizon, questions about the removal of Section 21 ‘no-fault’ evictions from law are still puzzling many private landlords, especially in light of recent political scandals. 

Labour’s Renters’ Rights Bill represents a significant shake-up to the private rental sector (PRS), and the long-promised policy of removing Section 21, has been at the centre of debates surrounding the legislation.

We explain private landlords’ current rights surrounding Section 21, and how you can prepare for the upcoming changes.

Are Labour already ordering landlords to cancel Section 21 notices?

Section 21 will only be removed from law once the full Renters’ Rights Bill passes through parliament and is given Royal Assent. 

However, there have been reports of Labour MPs ‘jumping the gun’ by demanding that landlords cancel existing Section 21 notices, even though there is no legal basis for this yet.

Nadia Whittome, MP for Nottingham East, recently made demands towards private landlords conducting business in her constituency. 

Whittome released a statement response to letters from constituents claiming that around 30 tenants in the area would be evicted:

I have been contacted by constituents who are extremely worried about the upheaval as many have lived in their properties for decades. This leaves a significant number of residents who are now struggling to secure alternative, affordable accommodation.

I am aware that some residents have complex health issues, including one resident undergoing dialysis for kidney disease, and would be at risk without stable housing to meet their medical needs.

All of the eviction notices in question came from landlords associated with one leasing agency. Ose Ideanacho, a landlord representing this agency, has insisted that he has followed legal procedure and has helped to relocate 17 of the tenants with suitable alternative accommodation:

I want to be absolutely clear: my sole intention throughout this process is to ensure that no one is left homeless or removed from their home without a suitable and supported solution in place.

This is why I have taken on a compassionate and personal responsibility to provide as much support and guidance as possible to each tenant, ensuring that the relocation process is handled with empathy, care and respect.

Despite tenants union Acorn joining the pressure campaign to reinstate these tenants’ rental agreements, it must be reiterated that the government currently has no legal power to enforce the revocation of Section 21 notices. 

This news comes shortly after another high-profile political controversy surrounding landlord rights: the resignation of Labour homelessness minister Rushanara Ali.

Ali made national headlines for not renewing a fixed-term contract for four tenants in East London, then putting the property back on the market for an increased monthly rent to stay competitive in the market.

Ali’s decisions – which would not be legally possible under the Renters’ Rights Bill – were widely seen to have undermined Labour’s planned reforms. She resigned in the face of mounting criticism and pressure from all sides of the political spectrum.

Current trends

Reports indicate that Section 21 eviction notices are on a downward turn. The second quarter (Q2) of 2025 has seen a 13% drop compared to the same period of 2024.

This news discredits widespread fears from pro-tenant organisations that Section 21 evictions would increase prior to the Renters’ Rights Bill coming into effect. It indicates that not all landlords are selling up and leaving the sector.

Now is the time to prepare

The Renters’ Rights Bill has frequently been delayed, due to parliamentary debates taking longer than Labour anticipated. The lack of debates scheduled for the Bill meant that it could not be pushed into law before MPs broke up for recess this summer.

Progress on the Bill has been frustratingly slow for Labour. Despite pressure from the Labour whip to get it through each stage as quickly as possible, the party’s pre-election promise to swiftly ban Section 21 days after coming into power proved to be an unrealistic timescale.

For better or worse, the Section 21 ban is finally coming into view. It is vital that landlords make preparations now and understand their rights as we move forward.

Section 8

Before Section 21 is out of the picture, familiarise yourself with Section 8 notices. As these require specific grounds for eviction, they offer landlords more limited powers compared to Section 21, but tenants that have significant rent arrears or anti-social tendencies can fall foul of a Section 8. 

Landlords that genuinely intend to sell their property can also use Section 8 to their advantage. 

Eviction processes under Section 8 can take significantly longer, and tenants will have more power to contest them, which can lead to court hearings, further delays, and additional costs. Before issuing one, be mindful of these potential downsides.

Screen tenants thoroughly

Tying into the above, the more stringent eviction processes after Section 21’s abolition will rightfully make many landlords more cautious when looking at tenant applications.

Making sure that all tenants are thoroughly referenced, with reliable rental history and stable income, is good practice at the best of times, but will be even more important going forward. Ensure that all rent transactions and other communications are also well documented.

Strengthen tenancy agreements and documentation

This last point applies more generally to the lead up to the Renters’ Rights Bill, but you will also need to ensure that tenancy agreements and all other documents are airtight before tenants move in. This includes issuing a valid Gas Safety Certificate, an Energy Performance Certificate (EPC), information about the deposit protection scheme, and a latest edition of the gov.uk “How to Rent” guide.

This will all be critical if you intend to serve a Section 21 notice before it is abolished. Incomplete or missing documents could render the notice invalid.

Many landlords may have no immediate urgency to use Section 21, but having it in your ‘arsenal’ for the next few months will provide a layer of security.

For further reading on the topic, take a look through all of our most recent news stories about the Renters’ Rights Bill.