What's the difference between a Section 8 and a Section 21 notice (post-Renters' Rights Act 2025)?

Question

Accepted Answer

The Renters' Rights Act 2025 abolished Section 21 no-fault evictions in England from 1 May 2026. Letting agents, landlords, and tenants now operate exclusively under Section 8 of the Housing Act 1988 for any repossession claim. Existing tenancies switch to the new regime at their next periodic-renewal date or after a 6-month transition; new tenancies use the new framework directly.

Section 8 grounds are split between mandatory (the court must grant possession if the ground is proven) and discretionary (the court weighs reasonableness). The 2025 Act adds new mandatory grounds for landlord-needs-to-sell, landlord-or-family-moving-in, and persistent rent arrears (now defined as 3 months in any 36, replacing the previous 8-week trigger). The 2025 Act also lengthens notice periods for most discretionary grounds and replaces Form 6A with a new prescribed form for periodic Section 8 notices.

For letting agents handling tenancy administration, the practical changes are: every existing tenancy needs review against the 2025-Act grounds before any repossession step; the firm's compliance pack should evidence which grounds apply and that the prescribed notice has been served correctly; Section 21 notices issued before 1 May 2026 remain valid through their statutory 4-month enforcement window. Property-condition compliance (Awaab's Law, gas safety, EICR) is now a prerequisite before serving any Section 8 notice on rent-arrears grounds — non-compliant property cannot use the rent-arrears mandatory ground.

What's the difference between a Section 8 and a Section 21 notice (post-Renters' Rights Act 2025)?

Related