Section 21 Abolition: What Bath Landlords Need to Know in 2026

The abolition of Section 21"no-fault" evictions represents the most significant change tolandlord-tenant law in a generation. For landlords in Bath and the surroundingareas, understanding these changes isn't optional—it's essential for protectingyour investment and maintaining a viable rental business.

What is Section 21and Why Is It Being Abolished?

Section 21 of the Housing Act1988 has allowed landlords to regain possession of their property withoutproving any fault on the tenant's part. You simply needed to give two months'notice, and provided proper procedures were followed, the court was required togrant possession.

The government's rationale forabolition centres on tenant security. Under the current system, tenants canface eviction even when they've paid rent on time and looked after theproperty. The Renters' Rights Act 2025 aims to give tenants greater securitywhile still allowing landlords to recover their properties when genuine groundsexist.

A Landbay survey found that75.4% of landlords are "very concerned" about this change. Thatconcern is understandable—Section 21 has been a reliable tool for managingtenancies. However, the new framework does provide legitimate routes to possession,and landlords who understand and prepare for these changes will continue tooperate successfully.

When Does Section 21End?

The Renters' Rights Act 2025received Royal Assent on 27 October 2025. The government has confirmed that:

• Section 21 notices cannot be served from 1 May 2026

• Notices served before this date remain valid if theycomply with existing rules

• All new tenancies from 1 May 2026 will be periodictenancies by default

• Existing fixed-term tenancies will convert to periodictenancies when their fixed term ends

For Bath landlords withtenancies currently running, this means any Section 21 notice you wish to servemust be done before 1 May 2026. After that date, you'll need to use the newSection 8 grounds.

New Section 8 Groundsfor Possession

Under the new system, you canstill recover your property—but you'll need to demonstrate specific grounds.The Renters' Rights Act has expanded and clarified these grounds:

Mandatory Grounds(Court Must Grant Possession)

Ground 1: Landlord or FamilyOccupation You can recover the property if you or a close family member needsto live there. You must give four months' notice and cannot use this ground inthe first 12 months of a tenancy.

Ground 1A: Sale of Property Anew ground allowing possession when you intend to sell the property with vacantpossession. This addresses a common scenario where landlords need to exit themarket. Four months' notice required, and you cannot re-let within 12 months ofpossession.

Ground 6: Redevelopment If youneed vacant possession for substantial works or redevelopment. Given Bath'sheritage property stock, this ground may be relevant for landlords undertakingmajor renovations to meet EPC requirements or restore period features.

Ground 8: Rent Arrears Twomonths' rent arrears at both the time of serving notice and the court hearing.This remains a key protection for landlords against non-paying tenants.

Discretionary Grounds(Court Decides)

Ground 10: Some Rent ArrearsWhere rent is unpaid but doesn't meet the Ground 8 threshold, the court cangrant possession at its discretion.

Ground 12: Breach of TenancyTerms Where the tenant has broken terms of the tenancy agreement other thanrent payment.

Ground 14: Antisocial BehaviourWhere the tenant or their visitors have caused nuisance or annoyance. Thisground has been strengthened under the new Act.

Notice Periods Underthe New System

• Landlord/family occupation: 4 months (cannot use in first12 months)

• Sale of property: 4 months (cannot re-let within 12months)

• Serious rent arrears (Ground 8): 4 weeks (must be 2+months arrears)

• Antisocial behaviour: 2 weeks (immediate for seriouscases)

• Other grounds: 2 months (varies by circumstance)

Practical Steps forBath Landlords

1. Review Your CurrentTenancies Before May 2026, audit all your tenancy agreements. Identify anyproperties where you may need to regain possession and consider whether servingSection 21 notice now makes sense for your situation.

2. Strengthen Your TenantReferencing With eviction becoming more complex, thorough tenant vetting ismore valuable than ever. A comprehensive referencing process should include: •Credit checks and financial assessment • Employment verification with incomeconfirmation • Previous landlord references (minimum two years history) • Rightto rent checks • Affordability calculation (rent should be no more than 35-40%of gross income)

3. Document Everything Underthe new system, evidence matters more than ever. Implement robust documentationpractices: • Comprehensive check-in and check-out inventories with datedphotographs • Written records of all communications with tenants • Documentedproperty inspections (quarterly recommended) • Maintenance request logs withresponse times

4. Consider Rent GuaranteeInsurance With longer potential eviction timelines, rent guarantee insuranceprovides a financial safety net. Policies typically cover 6-12 months of rentarrears and can include legal expenses for possession proceedings.

5. Update Your TenancyAgreements Work with a letting agent or solicitor to ensure your tenancyagreements include clear, enforceable terms around: • Property care andmaintenance responsibilities • Prohibited activities • Access arrangements forinspections • Communication requirements

Court System Reality:What to Expect

One of the greatest concernsamong landlords is court capacity. The cross-party Justice Committee hasdescribed the current system as "simply dysfunctional," with somepossession cases taking 18 months or longer.

The government has acknowledgedthis challenge and committed to court reform alongside Section 21 abolition.Measures include: • Digitisation of possession proceedings • Additional fundingfor court capacity • A new Private Rented Sector Ombudsman for disputeresolution • Streamlined processes for clear-cut cases

However, these improvementswill take time to implement. In the meantime, landlords should: • Factorpotential delays into financial planning • Prioritise prevention over curethrough excellent tenant selection • Maintain professional relationships with tenantsto resolve issues before they escalate • Work with experienced letting agentswho understand court procedures

How ProfessionalManagement Helps

The complexity of the newsystem makes professional property management more valuable than ever. A goodletting agent provides:

Expertise in Compliance:Keeping up with regulatory changes is challenging for individual landlords.Letting agents specialise in understanding and implementing new requirementscorrectly.

Thorough Tenant Vetting:Professional referencing processes identify potential problems before theybecome costly eviction scenarios.

Documentation Systems:Established processes for inventory, inspection, and communication create theevidence trail you'd need for any court proceedings.

Early Intervention: Regularcontact with tenants allows problems to be identified and addressed before theyescalate to the point of requiring legal action.

Legal Process Experience: Wheneviction is necessary, experience with court procedures helps ensure noticesare served correctly and cases progress as efficiently as possible.

Moving Forward withConfidence

The abolition of Section 21 isa significant change, but it doesn't mean landlords are left withoutprotection. The new Section 8 grounds provide legitimate routes to possessionwhen genuine circumstances require it.

Landlords who adapt—throughbetter tenant selection, thorough documentation, and professional support—willcontinue to operate successful rental businesses. Those who prepare now willfind the transition far smoother than those who wait.

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