Are no fault evictions really going away

Abolished or just rebranded: Are no-fault evictions really going away?

“No-fault” evictions, achieved by landlords serving Section 21 Notices, have been a common feature of the residential landlord and tenant world. One of the biggest headlines coming out of the new Renters’ Rights Act (the “Rights Act”) is that “no-fault” evictions are going to be abolished. But is this really the case, or is this just a case of new name but same outcome?

The reason Section 21 Notices have historically been associated with “no-fault” evictions is that tenants need not have done anything wrong to be served with a Section 21 Notice and told to vacate their property; a landlord can serve a Section 21 Notice for any reason. The truth is that “no-fault” evictions should more accurately be referred to as “no-reason” evictions on the basis that a landlord does not need to prove any reason at all for the eviction; a tenancy can be terminated at the whim of the landlord. Contrast that with the eviction process under Section 8 of the Housing Act, where specific grounds for terminating the tenancy must be demonstrated to the satisfaction of the Court.

Despite this, the reality for the majority of landlords using the Section 21 process is that there is typically always a reason they require possession. Sometimes that specific reason may not be covered by the Section 8 process, which has fairly strict grounds for possession. For example, when a landlord wishes to sell the property, or there is an irrevocable breakdown in the relationship between the landlord and the tenant, these are not currently covered under the Section 8 process, so would require the landlord to serve a Section 21 Notice.

Under the Rights Act, Section 21 Notices will be abolished in their entirety. This means that landlords will no longer be able to rely on the fairly straightforward “no-fault” basis for recovering possession from 1 May 2026.

So where does this leave landlords who want to regain possession of their property after 1 May 2026?

The “no-fault” rebrand

Whilst the Rights Act is abolishing Section 21 Notices, and therefore abolishes the ability for Landlords to regain possession without having to specify a reason, it does recognise that there are circumstances in which a landlord will need to regain possession of their property where those circumstances are not the fault of the tenant.

What the Rights Act has done is to provide additional grounds under the existing Section 8 process, therefore providing more options for landlords seeking to recover possession under that Section 8 process.

The Section 8 process requires a landlord to prove that a specific ground is satisfied in order to obtain possession.

To provide landlords with some further protection, the Act has incorporated the following additional grounds which are, it has to be said, “no-fault” grounds:-

1. Selling the Property (also known as ground 1A)

If a Landlord wishes to sell their property, they can utilise this new mandatory ground to obtain possession.

2. Moving in

The Act has amended existing mandatory ground 1 to allow a landlord to recover possession if they, or a close family member, intend to move into the property.

Note: neither of the above grounds can be used within the first 12 months of a tenancy.

Neither of these grounds are fault-based grounds. A landlord can recover possession even where a tenant has complied fully with the tenancy agreement and has done nothing wrong.

What is not clear from the Act is what evidence a landlord will need to satisfy these grounds. How do you show a genuine intention to sell a property? Is a statement confirming that intention enough, or do you need, for example, to have engaged an estate agent to begin marketing the property?

Whilst it is not entirely clear what evidence will be required, it may be a relief for some landlords that these provisions have been incorporated as they preserve certain options.

So, have no-fault evictions really gone away?

The short answer is no. “No-fault” evictions survive; rebranded, slightly limited in scope, but very much still in existence. The new grounds under the Section 8 process will allow landlords to recover possession without having to show that the tenant is at fault.

What is disappearing is a landlord’s ability to regain possession without having a definitive reason for doing so. From 1 May 2026, landlords will need to show they can meet specific grounds, as set out under the Section 8 process.

If you have any queries about the new legislation, the Property Disputes Team at Hughes Paddison can assist. Please contact Jo Lingard on 01242 586 357 or at jli@hughes-paddison.co.uk