Renters' Rights Act 2025: End of Section 21

The Renters’ Rights Act 2025 marks a major overhaul of residential landlord and tenant law, most notably through the abolition of Section 21 “no fault” evictions. For landlords, this significantly changes the way possession is obtained and increases the importance of early legal planning and robust tenancy documentation.

Renting out property may appear to be a straightforward source of income, but in practice, problem tenants can quickly turn a rental investment into a costly and time-consuming dispute. As the legal framework tightens, landlords are increasingly exposed to procedural risk, evidential challenges, and contested possession proceedings.

Limited “No Fault” Eviction Grounds Remain

Although Section 21 has been abolished, the Act preserves two mandatory possession grounds:

• Ground 1: Landlord (or family member) occupation
• Ground 1A: Sale of the property

These remain “mandatory” grounds, meaning the court must grant possession if satisfied the statutory criteria are met. However, the practical application is far from straightforward, particularly where disputes arise over the landlord’s intention.

The Challenge of Proving Intention

A key area of uncertainty under the Renters’ Rights Act 2025 is how courts will assess whether a landlord genuinely intends to occupy or sell the property. While the legislation refers to Landlord's intentions and introduces safeguards such as a 12-month re-letting restriction, the evidential threshold remains unclear.

This creates increased scope for litigation in property disputes, particularly where tenants challenge whether the ground is genuine or merely a mechanism to recover possession without fault.

In practice, landlords will likely need clear supporting evidence such as:

• Sale instructions or marketing activity
• Financial or relocation evidence supporting occupation
• Documented decision-making timelines

Increased Importance of Tenancy Agreements and Compliance

In this evolving legal environment, well-drafted tenancy agreements, vetted tenants and compliance with current regulations are more important than ever. A properly structured tenancy agreement can:

• Reduce the risk of disputes
• Clarify obligations at the outset
• Support enforcement action where issues arise
• Help streamline possession proceedings where necessary

We regularly advise landlords on tenancy documentation, regulatory compliance, and risk management, helping to minimise exposure before disputes escalate.

Eviction and Dispute Resolution in Practice

Where disputes do arise, landlords often require urgent and strategic legal action. Our Dispute Resolution solicitors are experienced in all aspects of Landlord and Tenant law, including the eviction of tenants from residential properties.

While the removal of Section 21 increases procedural complexity, possession is still achievable where statutory grounds are properly evidenced and pursued. However, delays, evidential challenges, and contested hearings are likely to become more common under the new regime.

Conclusion

The Renters’ Rights Act 2025 reshapes the eviction landscape by removing Section 21 and narrowing “no fault” possession to two mandatory grounds. While landlords retain routes to recover possession, success will increasingly depend on clear evidence, compliant tenancy agreements, and strategic legal preparation.

For landlords facing disputes or seeking to reduce risk, early legal advice on property litigation and tenancy structuring is now more important than ever.

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This article is written to raise awareness of these issues. While every effort has been made to ensure that it is correct at the time of first publication it may not be updated, even if the law changes. It is not intended to be specific legal advice and cannot be relied on as such. Chattertons are not responsible or liable for any action taken or not taken as a result of this article. If you think any of these matters affect you then we would be happy to advise.