Where we are now: Section 21

At present, many owners are familiar with Section 21, often described as the ‘no-fault’ route. It allows notice to be served without providing a reason, as long as all legal and compliance requirements have been met.

Section 21 can still be served up until the end of April, depending on the wording of your tenancy agreement and provided all obligations have been complied with fully and correctly.

However, Section 21 has always been far more technical than many owners realise. A single missing document or historical compliance issue can quietly undermine what appears, on the surface, to be a straightforward process.

A recent real-life example illustrates this clearly…

Case study

We received a call from an owner for whom we had found a resident over three years ago. The tenancy had run extremely well – rent paid on time, no issues raised, and a positive relationship throughout. The owner had now decided to sell the property and asked us to serve a Section 21 notice.

Before doing so, we carried out our usual compliance review.

What we found was not insurmountable, but it was critical:

• Gas safety certificates had not been served correctly on the resident
• The certificates themselves were technically defective, as the postcode was missing
• Because the tenancy had renewed, a new “How to Rent” guide should have been served, but had not been

The remedy was straightforward: all documentation needed to be re-issued correctly before any notice could be served.

This was not a case where Section 21 was unavailable. The real risk was that had we followed the owner’s instruction without reviewing the tenancy history, and had the resident queried the notice, it would almost certainly have been thrown out in judge’s chambers due to non-compliance.

The key lesson is simple but important:

You can have the perfect resident who pays on time and looks after the property, but if compliance has not been handled correctly, even the simplest next step can become a significant barrier to moving forward.

What changes after 1 May?

Section 8 takes centre stage

Once the Renters’ Rights Act comes into force, Section 21 will be removed, and ending a tenancy will instead be achieved through Section 8.

While this change has caused understandable concern, it is not something owners need to fear when it is managed correctly.

Section 8 is based on clearly defined legal grounds, many of which are mandatory. Where a mandatory ground applies and the evidence is in order, possession must be granted.

The mandatory grounds owners should understand

In practice, most legitimate tenancy endings fall comfortably within mandatory grounds, including:

• Ground 1 – the owner or a close family member needs to move back into the property
• Ground 2 – the property is to be sold
• Ground 8 – serious rent arrears above the legal threshold
• Other mandatory grounds relating to persistent arrears or serious breach

These grounds are objective, evidence-led and robust when handled professionally.

We strongly advise caution when considering discretionary grounds, which rely on a court’s judgement. Unless you have legal protection insurance in place, these routes should not be pursued without expert advice.

Why professional management removes the worry

Most owners are not concerned about fairness, they are concerned about risk, process and technical errors.

Professional management ensures:

• Compliance is right from day one and reviewed regularly
• Notices are served accurately and lawfully
• Evidence is clear, complete and defensible
• Delays, disputes and unnecessary court action are avoided

Well-managed tenancy endings are rarely dramatic. They are calm, controlled and respectful.

Calm, controlled and compliant

Ending a tenancy should never feel daunting. With expert oversight, it becomes a planned and compliant process, not a source of stress.

At Maxine Lester Lettings and Property Management, we exist to protect owners, manage risk and guide you through change with confidence.

If you are unsure whether your current tenancy would stand up to scrutiny, now is the time to check.

A proactive compliance review today could prevent costly delays tomorrow.

Speak to the Maxine Lester team and experience expert, honourable and personal letting support — exactly when it matters most. Book an appointment now.