Section 21 is gone: What landlords face now the no-fault eviction ban is law

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Section 21 is gone: What landlords face now the no-fault eviction ban is law

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A wave of private property owners across the UK are functioning without any financial safety net as sweeping changes to rental legislation take effect, with industry specialists describing the reforms as the biggest overhaul of tenant law in decades and warning that mistakes could cost almost £20,000.

The Renters’ Rights Bill became law on 1 May, eliminating the Section 21 no-fault eviction procedure altogether. Property owners who now wish to regain possession of their property must pursue the matter through the courts using Section 8 of the Housing Act 1988, a procedure that generally stretches across six to twelve months and can leave owners without any rental income throughout.

Research indicates that property owners already face average possession costs ranging from £12,708 to £19,223 once missed rental payments are factored in, with those in the capital consistently reaching the higher figure. These amounts were recorded under the previous system, which specialists anticipate will increase now that Section 8 represents the sole available route. Solicitors’ costs for a court-based possession claim are projected to reach at least £3,000 per case under the fresh framework before a single month of unpaid rent is accounted for.

The uninsured property owner issue

Although the legislation is now active, roughly 400,000 UK property owners are presently operating without any insurance whatsoever, leaving them completely vulnerable should a tenancy become problematic under the new framework.

Craig Morgan, insurance specialist at SJL, explains that the blend of extended possession timelines and an elevated arrears threshold creates a financial exposure that could prove disastrous without appropriate protection in place. Under the updated regulations, which are now effective, property owners must show three months of unpaid rent before courts are obligated to issue a mandatory possession order under Ground 8, increased from the previous two-month requirement.

Morgan noted that the Renters’ Rights Act not only alters tenancy management but also fundamentally shifts the financial risks when issues arise. He emphasized that evictions have transformed from relatively inexpensive processes, costing only a few hundred pounds, to potentially expensive undertakings with legal fees potentially reaching thousands, and that is before accounting for lost rental income during the process. He stated that rent guarantee and legal expenses insurance can support landlords throughout the entire procedure, yet many landlords still lack this protection.

Collectively, the removal of no-fault evictions, the raised arrears threshold and the prolonged court procedure produce a considerably larger gap where property owners are not receiving payment, precisely the gap that specialist insurance is intended to address.

What protection exists

Rent guarantee cover, which compensates property owners for as long as twelve months of lost rental income while legal action proceeds, is widely accessible and typically costs only a small proportion of one month’s rent. Numerous policies also incorporate legal expenses protection, covering solicitor charges, court costs and the Section 8 procedure from initial notice through to property recovery.

Weighed against the potential exposure of a five-figure possession expense, the yearly cost of such protection represents a comparatively small investment for most property owners. Interest has already climbed significantly since the legislation passed; one assessment discovered that requests for rent guarantee cover surged 41% between September and December 2025 as property owners began getting ready for the fresh framework.

Industry advisors recommend that property owners examine their protection and verify whether their current policy encompasses rent guarantee, legal expenses and current buildings cover. Updated buildings cover is becoming increasingly vital given the legislation’s extension of Awaab’s Law to the private rental sector, which introduces strict deadlines for addressing hazards such as damp and mould.

With approximately 4.6 million households currently renting privately in England, the Renters’ Rights Act impacts one of the largest segments of the UK housing market. For property owners dealing with a troublesome tenancy under the new framework, the expense of being unprepared could be considerable.

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