What is a No-Fault Eviction?
A no-fault eviction is when a landlord serves their tenant with a section 21 notice at the end of their tenancy period. It allows the landlord to regain possession of their property without having to give a specific reason for the eviction.
Could this be about to change though? The current Labour government has committed to removing no fault evictions within the UK through the Renters Reform Bill. This article aims to provide you with the current legal standing, proposed changes and when these changes may come into UK law.
Here at Eric Robinson, we understand that potential new requirements and responsibilities as a landlord may be challenging and provide some confusion. If you feel like you require further information, help or legal advice, contact your closest branch today and one of our expert Tenant Eviction Solicitors will be more than happy to assist you.
The Legalities – How do No Fault Evictions Currently Work?
As of July 2025, under current UK law, no fault evictions work by a landlord serving a section 21 notice to the tenant.
In order to successfully serve a section 21 notice, there are various legalities the landlord needs to follow to ensure it is valid. If not, it can be contested and the tenant might have a defence to possession proceedings. Although reform is on the horizon for no fault evictions, for a section 21 notice to be valid, the landlord must meet the current legal requirements:
- Give the tenant at least two months’ notice (which begins when the tenant receives it, not when it is sent).
- It must be served in writing, ideally with a copy for each individual tenant, and not via email or over the phone. Each tenant must be named on the notice.
- Depending on the length of the tenancy, you may have been legally obligated to provide an energy performance certificate and a copy of the ‘How to Rent’ booklet.
- Require the tenants to sign and return a copy to the landlord(s).
- Ensure that the notice is not served following a complaint about the property.
- Ensure that any holding deposits have been properly protected, and that no prohibited payments have been taken.
- Be served after the first four months of the tenancy.
If any of these above points have been breached, then the S21 notice has not been served correctly and could be deemed invalid, resulting in legal action potentially being taken.
Are No Fault Evictions Going to Be Banned?
In their 2024 election manifesto, the Labour government promised to put an end to no fault evictions and the section 21 notice through the introduction of the Renters Reform Bill.
This bill was passed through the House of Commons in January 2025 and is now almost through the House of Lords. It is currently estimated that this bill will become law between September and October 2025, and when it takes effect in around early 2026, it will mean an end to no fault evictions within the UK.
When the Renters Reform Bill comes into law, this means that:
- Landlords will not be able to evict tenants unless they have a valid reason to do so
- All tenancies will be affected, for both new and existing agreements
- Landlords must use specific legal grounds (such as section 8) to evict tenants
Because of this, it gives tenants much more security in their living arrangements, as they will no longer potentially be evicted with no reason. Currently however, this bill is facing mixed reactions.
Some believe that reform is essential, that tenants should not be evicted and removed from their homes unless there is a valid reason to do so, which is a fairer system.
You do have those however who disagree with this bill, arguing that by abolishing the section 21 notice, landlords have less control over their own properties. As well as this, by solely relying on the section 8 notice, this could potentially lead to longer and more expensive procedures for evictions.
What Do Landlords Need to Consider if the Law Changes?
It is important to note that although change is coming, landlords still currently need to adhere to the current section 21 legalities as mentioned above, as failing to meet the requirements may mean a no fault eviction cannot proceed successfully.
Once the renters rights bill comes into law however, landlords will need to consider the following:
Section 8 Notices
You can now only evict your tenant if you have a valid reason to do so, such as rent arrears or anti-social behaviour. This can only be done through a section 8 notice.
Stronger Tenancy Agreements and Documents
With the section 21 notice being removed, landlords must ensure that all their tenancy agreements are legally compliant and include clear terms and conditions. As well as this, keeping accurate records of all payments, communication with tenants and issues are essential if you need to raise a section 8 notice.
Prepare for potentially longer legal proceedings
Some estimate that once section 21 notices are abolished, it will lead to longer procedures for evictions. This is because the current section 8 notice only allows for evictions if there is specific legal grounds.
Because of this, it is essential that you keep all relevant documentation and records of key information regarding the tenancy. As well as this, enlisting the help of a qualified Tenant Eviction Solicitor will help ensure a smooth process.
Stay Up to Date
Once the final Renters Reform Bill comes into UK law, it may include specific dates, requirements and guidance on handling evictions. As a landlord, it is crucial that you stay up to date with all legal requirements to avoid any potential legal implications.
If you are unsure and require help or legal advice, contact your closest Eric Robinson Solicitors branch, and one of our experienced solicitors will be more than happy to assist you.
We offer a fixed fee disputes advice hour where one of our team will provide you with clear and practical advice regarding your current legal standing.
How Eric Robinson Solicitors Can Help
At Eric Robinson Solicitors, we have a highly experienced team of Tenant Eviction Solicitors who specialise in Residential Property Disputes and Litigation.
We are available to help you understand the complexities of your rental agreement and eviction notice from both a landlord and tenant point of view, and can assist in all aspects of no fault evictions.
For more information, please contact your closest branch using the links below.
We have solicitors offices in Southampton, Hedge End, Chandlers Ford, Winchester, Lymington and Richmond-Upon-Thames.
