Section 21 Has Gone: What Landlords Should Do Next

Why this matters now

If you are a landlord, letting agent or property owner asking what to do now that Section 21 no longer exists, the answer is simple: the eviction process has changed, but your options have not disappeared.

What used to be a relatively straightforward route through a Section 21 notice is no longer available. That means landlords now need to rely more heavily on the correct landlord notice UK process, especially where rent is unpaid. In many cases, a Section 8 notice will be the starting point for seeking possession where there are rent arrears.

This is not just about paperwork. It is about acting quickly, following the right process, and protecting your position before arrears grow worse.

What replaces Section 21?

With the removal of Section 21, landlords can no longer use the old “no-fault” route to end many tenancies. Instead, possession now depends much more on the reason for ending the tenancy and the evidence available.

Common routes landlords may now rely on

• Section 8 notice where there are specific grounds, such as rent arrears or breach of tenancy
• Possession claims based on other valid legal grounds, depending on the tenancy type and circumstances
• Separate debt recovery action if rent remains unpaid after the tenancy ends

If your tenant has fallen behind, the issue is no longer simply about ending the tenancy. It is also about recovering the money owed and choosing the most effective route to do so.

For a wider overview of the new framework, see our Renters’ Rights Act 2025 Guide.

Section 8 notice: the key route for rent arrears

If you are dealing with unpaid rent, the Section 8 notice rent arrears process is often the most relevant starting point.

A Section 8 notice is used when you have a legal ground for possession, such as persistent arrears or a significant rent shortfall. It is important that the notice is served correctly and supported by clear records, because mistakes can delay the case or weaken your claim.

What landlords should prepare

Before serving notice, gather:

• The tenancy agreement
• A full rent schedule
• Bank statements or payment records
• Copies of all reminders and arrears correspondence
• Evidence of any previous promises to pay that were not kept

If you need a practical breakdown of this process, our Section 8 Notice Rent Arrears page explains the key steps in more detail.

Can you still evict a tenant for rent arrears?

Yes, but the process is now more focused on the evidence and the correct legal route. Eviction is not immediate and should never be attempted informally. Landlords must use the proper possession process and avoid actions that could amount to unlawful eviction or harassment.

When rent arrears are involved, possession is usually only one part of the strategy. You also need a plan to recover the debt itself.

A sensible sequence is often:

1. Confirm the arrears and document them carefully
2. Send a clear written demand for payment
3. Serve the appropriate notice, usually a Section 8 notice where grounds apply
4. Start possession proceedings if the tenant does not comply
5. Pursue the outstanding rent separately if needed

If you want help with the wider process, our Evicting Tenant for Rent Arrears page is a useful starting point.

Don’t overlook rent arrears recovery

A possession order does not automatically solve the financial loss. If the tenant leaves owing money, you may still need to pursue rent arrears recovery.

This is especially important where:

• The tenant has already moved out
• The property is recovered but rent remains unpaid
• The arrears continue to increase during the possession process
• You want to avoid writing off a debt that could still be recoverable

Many landlords focus on getting the property back, but the unpaid rent can be just as damaging. The right approach depends on whether the tenant is still in occupation, whether a guarantor exists, and what documents you have.

You can learn more about your options on our Rent Arrears Recovery page.

What if the tenant has already gone?

If the tenancy has ended and you discover that the former tenant owes rent, you may still be able to take action.

This is a common issue when landlords assume that once the tenant has vacated, the debt is too small or too old to recover. In reality, unpaid rent can still be pursued, provided you have the right evidence and act promptly.

Key points to consider

• Check the final rent account carefully
• Confirm the forwarding address if you have one
• Review whether a guarantor signed the agreement
• Send a formal demand before escalation
• Consider debt recovery options if informal contact fails

If this is your situation, see our Former Tenant Owes Rent page for more guidance.

A strong landlord notice UK strategy matters

When Section 21 notice routes are no longer available, landlords need a more structured and compliant approach to notice service and arrears handling.

That means:

• Using the correct notice for the reason for possession
• Serving it properly and keeping evidence of service
• Making sure the tenancy documents are in order
• Acting early rather than waiting for arrears to build

In many cases, problems arise not because the landlord lacks a valid claim, but because the notice or supporting evidence is incomplete. A careful approach can save time, cost and frustration later.

When to seek professional help

Rent arrears cases can become complex quickly, particularly where:

• The tenant disputes the debt
• There are multiple missed payments
• The tenant has already left the property
• You need to recover arrears as well as possession
• You manage several properties or act for landlords as an agent

In these situations, professional support can help you choose the right route and avoid expensive delays. If you want a focused recovery strategy, our Recover Unpaid Rent from Tenant service is designed to help landlords and agents take action quickly and correctly.

The key takeaway

Section 21 no longer exists, landlords must adapt, but they are not without options. For many rent arrears cases, the Section 8 notice remains central, especially where possession and debt recovery need to happen together.

The most important thing is to act early, follow the correct process, and keep detailed records. That approach gives you the best chance of securing possession where justified and recovering what you are owed.

If you are facing arrears now, do not wait for the situation to resolve itself. The sooner you take the right steps, the stronger your position is likely to be.