No fault eviction support

Colletta Smith in the Morning Live studio on the green velvet sofa wearing a pink jumper with a red stripe down the side
Image caption,

No fault eviction support

  • Published

What is this law and who will it affect?

  • For some renters, this has been an ongoing problem for many years but the issue is growing as we get closer to the 1st May when the law changes. According to the renters' union Acorn, no-fault evictions made up one in five of the reports they received from members in October, however this rose to nearly one in three by January.

  • It's important to say that the majority of landlords are honest and legitimate and some may have valid reasons to remove someone from their property, for example if the tenants can't pay, they're being disruptive or causing damage to a property. They may also genuinely want to sell the property if they can no longer afford to keep it for example.

  • However, there are a small number that take advantage of what's fair to say can be pretty easy rules to get around when they simply want to evict someone without good cause. So there are new rules being introduced from next month, which are designed to make the private rental system fairer and more secure.

  • One of the biggest shifts is the end of so-called "no-fault" evictions under Section 21, meaning landlords will no longer be able to evict tenants without giving a valid reason; instead, they must rely on specific legal "grounds for possession," such as selling the property or dealing with rent arrears or anti-social behaviour.

  • As well as a ban on no fault evictions, there are more rules on the way. Fixed-term contracts will also be scrapped, with all tenancies becoming periodic (rolling week-to-week or month-to-month), giving tenants more flexibility to leave with two months' notice.

  • Rent rules will be tightened so landlords can only increase rent once per year, and tenants will have the right to challenge unfair increases.

  • Additional protections include a ban on rental bidding wars, which means landlords can't charge more than the advertised price, limits on upfront costs (no more than one month's rent in advance), and stronger anti-discrimination measures making it illegal to refuse tenants simply for having children or receiving benefits.

  • Renters will also have the right to request a pet, which landlords must consider reasonably.

  • While landlords still retain the ability to regain their property for legitimate reasons, the overall aim of these reforms is to create a more stable, transparent, and balanced rental market.

  • It's important to note that these changes don't apply to lodgers who live with their landlord, rent from a housing association or local council or are renting student accommodation.

*If someone finds themselves in a situation where they're being threatened with a no-fault eviction before May 1st, is there anything they can do?

  • Before 1 May 2026, tenants in England already have important legal protections if they are being evicted. Even under the current system, landlords must follow a strict legal process, which includes serving the correct notice, such as a Section 21 "no-fault" notice or a Section 8 notice for specific reasons under the Housing Act 1988, giving the proper amount of notice, and, if the tenant does not leave, applying to the court for a possession order. They cannot simply force a tenant out, doing things like changing the locks or harassment would count as an illegal eviction.

  • If a Section 21 notice is served on or before 30 April 2026, it can still be valid, and landlords may continue court action until 31 July 2026 if the tenant remains in the property. In cases where court proceedings have already started before 1 May, those cases will continue under the old rules, meaning the new protections will not apply.

  • The first thing you should do is check your section 21 notice is valid. If it isn't, you might be able to challenge it and stay in your home, try and catch them out on a technicality! This can include:

  • Your deposit hasn't been protected - If your landlord didn't protect your deposit or they protected it late, your section 21 notice won't be valid - unless they've already given your deposit back to you.

  • Similarly, your landlord can only charge a maximum of 5 weeks' rent for security deposits (or up to 6 weeks' if your total annual rent is over £50,000). Any more than that can also invalidate a section 21.

  • Your landlord doesn't go to court in time - Your landlord must usually start the court process within 6 months of giving you the section 21 notice. If your landlord doesn't go to court in time and they still want to evict you, they'll need to give you a new section 21 notice.

  • You have a fixed term tenancy - You'll have a fixed term tenancy if it has a definite start and end date. Your section 21 notice won't be valid if you got it within the first 4 months of the start of your original tenancy. You won't need to leave before your fixed term ends - unless there's a break clause. For example if you get a section 21 notice 4 months into a 12-month fixed term, you won't have to leave until the fixed term ends.

  • Your landlord didn't give you the right documents - your section 21 notice is only valid if your landlord has already given you: a gas safety certificate dated no more than 12 months before they gave it to you, an energy performance certificate, an up-to-date version of the 'How to Rent' guide.

  • You're being evicted because you've complained - There are extra rules that might protect you from being evicted if you've complained to your landlord or asked for repairs.

  • Your landlord charged fees during your contract - your landlord can only charge you fees for certain things like rent, utility bills, council tax, late payment fees. We've put a list of those fees on the Morning Live website. Being charged for anything else can make your section 21 invalid.

  • If possible, wait until after 1 May 2026 to tell your landlord the notice isn't valid. This means they will not be able to give you a new, valid section 21 notice before the deadline.

  • Tenants in this situation still have the right to challenge the eviction if procedures were not followed correctly and can seek help from organisations like Shelter or Citizens Advice, as well as their local council.

Other UK nations have different policies, what are they?

  • Renters' rights differ across the UK because housing law is devolved.

  • In Scotland, most private tenants have strong eviction protections, landlords can only evict on specific legal grounds and must give notice. Rent increases are generally limited to once per year with at least three months' notice, and tenants can challenge rises through a rent officer. Deposits must be protected in an approved scheme, and landlords must meet repairing standards and register with the local authority.

  • In Wales, for "no-fault" evictions, landlords must generally give six months' notice, and they cannot issue such notices in the first six months of a contract. Rent increases require proper notice and must be fair, and deposits must also be protected.

  • In Northern Ireland, private tenants have longer notice periods for eviction (depending on tenancy length), limits on deposit amounts, typically capped at one month's rent, and requirements for landlords to provide written tenancy information.

If you are being evicted and need support, you can find help here:

Citizens Advice, external

Shelter, external

Housing Loss Prevention Advice Service, external (England and Wales)