Section 21 Is Gone: What Landlords Are Getting Wrong Now

Since the Renters’ Rights Act 2025 came in, using a Section 21 Notice is no longer an option for landlords wanting their property back. However, it does seem that many landlords have changed very little about the way they manage their rental properties.

We are now starting to see a gap between what has changed legally and how tenancies are being managed day to day. That gap is where problems are beginning to build.

The biggest misconception

The most common misunderstanding at the moment is assuming that regaining possession of your property will still be relatively straightforward.

Unfortunately, it won’t be.

Landlords now need:

• A valid ground
• A clear reason
• Evidence to support it

This is a shift away from focusing on “what happens at the end of a tenancy” to how the tenancy is handled from the very start.

If that groundwork is not in place, and if things are not properly documented throughout, it becomes much harder when the time comes to bring the tenancy to an end.

’ll deal with it if it happens” no longer works

Under the old AST system, some landlords took a more relaxed approach.

If issues built up, Section 21 was there as a fallback, often with a relatively straightforward route through accelerated possession.

That safety net has now gone.

Leaving rent issues unresolved, putting off difficult conversations, or assuming things will settle on their own can now lead to a far more complicated situation if possession is needed through the Section 8 court process.

It is no longer about reacting when something goes wrong. It is about managing the tenancy properly from the outset.

Rent arrears: what actually matters now

It is no longer just about whether rent is paid late, but how that situation is handled.

If a tenant falls into arrears, what matters is:

• How quickly you respond
• Whether communication is documented
• Whether there is a clear and consistent pattern

A vague sense that “they’re often late” will not be enough if you need to rely on it.

You need:

• A clear rent schedule and process for handling arrears
• Written records of communication (not just calls or informal messages)
• Evidence that the issue has been addressed properly

Without that, your position becomes much weaker.

Selling or moving back in is not a ‘quick fix’

There is still a common assumption that saying “we’re thinking of selling” or “we’re moving back in” provides a simple route to possession.

It doesn’t.

These are valid grounds, but they are not shortcuts.

There are rules around:

• When they can be used
• How they must be evidenced
• What happens after possession is obtained

Used incorrectly, or as a way around the real issue, they can create further complications rather than solve the problem.

Documentation is now critical

In practical terms, this is where the biggest change has happened.

If a situation escalates and you need to rely on the court route, everything comes back to what you can show.

That means:

• Keeping dated written communication
• Records of inspections with evidence
• Clear timelines of events
• Notices served correctly and at the right time

If something is not documented, it is very difficult to rely on it later.

What a well-prepared landlord looks like now

The landlords who are adapting well are not doing anything dramatic.

They are simply:

• Following a clear process
• Keeping better records
• Addressing issues early
• Understanding the possession grounds available to them
• Managing their properties more actively

It is not a difficult transition, but it does require a more consistent and structured approach.

Final thought

The removal of Section 21 is not just a legal change. It is a shift in how tenancies need to be managed.

Landlords who continue as they were may find themselves restricted if they need to rely on the Section 8 court process to regain possession.

Those who adapt now are far more likely to stay in control.

Useful Links

• Renters’ Rights Act: Your Simple Checklist
• Renters’ Rights Act: What Landlords Need to Do Now
• Why Tenant Referencing Matters More Than Ever
• Let Your Property with Emoov
• Emoov Property Management
• Emoov Lettings FAQs