Guide
Section 21 and Social Tenants: What You Need to Know
A plain-English guide to Section 21 notices for social housing tenants: what they are, why they rarely apply to you, how abolition works under the Renters' Rights Bill, and what protections you have.
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A Section 21 notice is the legal tool private landlords in England use to end an assured shorthold tenancy without having to prove the tenant is at fault — a so-called "no-fault" eviction. If you are a social housing tenant, the good news is that Section 21 does not apply to you in almost all cases. Most social tenants hold a secure tenancy or an assured tenancy, which gives stronger statutory protections and requires the landlord to prove a legal ground before it can seek possession. The government is also abolishing Section 21 altogether through the Renters' Rights Bill, meaning no-fault evictions will end for private tenants too.
What is a Section 21 notice?
Section 21 of the Housing Act 1988 gives private landlords a right to recover possession of a property let on an assured shorthold tenancy, provided they give the tenant at least two months' written notice and comply with procedural requirements such as protecting the deposit and serving the correct form. The landlord does not need to give a reason, which is why these notices are commonly described as no-fault evictions.
For private tenants, this can mean losing their home even when they have paid rent on time and followed the tenancy agreement. The notice does not automatically grant possession — the landlord must still apply to court for a possession order if the tenant does not leave — but the process is heavily weighted toward the landlord once the notice is valid.
How Section 21 applies to social vs private tenants
The critical distinction is the type of tenancy you hold. Social landlords — housing associations and local councils — typically grant tenancies that fall outside the assured shorthold regime. The table below summarises the difference:
| Feature | Private rented (AST) | Social housing (secure / assured) |
|---|---|---|
| Can Section 21 be used? | Yes — no-fault notice allowed | No — secure / assured tenancies are excluded |
| Grounds required for eviction | No (Section 21); yes (Section 8) | Yes — landlord must prove a statutory ground |
| Notice period | Minimum 2 months (Section 21) | Varies by ground; court must approve |
| Right to a court hearing | Yes, if tenant does not leave | Yes — mandatory court process |
| Ombudsman oversight | No — private landlords are outside scope | Yes — Housing Ombudsman can investigate maladministration |
If you rent from a housing association or council and are unsure which tenancy type you have, check your tenancy agreement. Secure tenancies are the most common for council tenants, while housing association tenants usually have an assured tenancy. Both provide significantly more security than an assured shorthold tenancy.
The abolition of Section 21 under the Renters' Rights Bill
The government has pledged to end no-fault evictions through the Renters' Rights Bill. If passed, the bill will abolish Section 21 for the private rented sector and replace assured shorthold tenancies with a single system of periodic tenancies. Under the new framework, private landlords will need to prove a specific legal ground to regain possession, similar to the way social landlords already operate.
For social tenants, this change reinforces what you already know: your landlord cannot remove you from your home without a valid reason and a court order. The abolition closes a loophole in the private sector rather than altering your own rights. However, it is worth understanding the direction of travel, because housing policy often converges over time and the language of "no-fault" eviction has become a central debate in housing law.
You can read more about the broader changes in our Renters' Rights Bill explained guide. For the official government position, see GOV.UK and the Housing Ombudsman Service.
What protections social housing tenants have from eviction
Social housing tenants benefit from several layers of protection that private tenants on assured shorthold tenancies do not enjoy:
- Statutory grounds for possession. Your landlord must identify a valid statutory ground — such as rent arrears, anti-social behaviour, or breach of tenancy — and prove it to a court. It cannot simply ask you to leave without reason.
- Mandatory court process. Even where a ground exists, the landlord must apply for a possession order and give you the opportunity to attend a hearing and present your case. You have the right to seek legal advice and representation.
- Pre-action protocols. For rent arrears, social landlords are expected to follow pre-action protocols that require them to explore payment plans and support options before commencing court proceedings.
- Housing Ombudsman oversight. If your landlord mishandles the eviction process — for example by failing to follow its own policy, providing incorrect information, or causing unreasonable delay — you can complain through its internal procedure and escalate to the Housing Ombudsman. Findings of maladministration can result in orders for compensation, apology, and process improvements.
- Tenancy succession rights. Secure and assured tenancies often include succession rights, meaning a partner or family member may be able to take over the tenancy in certain circumstances.
If you believe your landlord is attempting to evict you without a valid ground, or has mishandled the process, you should seek advice immediately. Free support is available from Citizens Advice, Shelter, and your local authority's housing options team. You can also complain to your housing association and, if necessary, escalate to the Housing Ombudsman.
How eviction relates to occupancy rights complaints
Disputes over eviction, tenancy succession, and the right to remain in your home fall under the occupancy rights complaint category in Housing Ombudsman decisions. If your landlord fails to follow the correct procedure, misapplies its policy, or does not communicate clearly about your rights, the Ombudsman can find maladministration and order a remedy.
While the Ombudsman cannot overturn a court possession order, it can investigate the landlord's conduct leading up to and during the process. This includes failures to provide advice, unreasonable delays, poor record-keeping, and not exploring alternatives to eviction. If you are facing possession proceedings, documenting every interaction with your landlord will help you present a clear case to the Ombudsman if you need to complain later.
Our index currently holds 16,224 published Housing Ombudsman determinations across 603 landlords. Every statistic is drawn from published Housing Ombudsman decisions — Landlord Record analysis of Housing Ombudsman decisions (OGL v3.0). Search the decisions or browse the landlords page.
Frequently asked questions
Frequently asked questions
What is a Section 21 notice?
A Section 21 notice is a legal notice a private landlord can serve to end an assured shorthold tenancy in England without needing to prove the tenant did anything wrong. It is sometimes called a "no-fault" eviction notice. It does not apply to most social housing tenancies.
Can a housing association use Section 21?
No. Housing associations and councils generally cannot use Section 21 because most social tenants hold secure tenancies or assured tenancies under different parts of the Housing Act 1988. Social landlords must follow a separate statutory process and prove a legal ground if they want to seek possession.
Is Section 21 being abolished?
Yes. The government has committed to abolishing Section 21 through the Renters' Rights Bill. The bill aims to end no-fault evictions in the private rented sector and move tenants onto periodic tenancies. Social tenants are already protected from Section 21, so the abolition mainly changes private renting.
What protections do social housing tenants have from eviction?
Social housing tenants with secure or assured tenancies can only be evicted if the landlord proves a legal ground to a court — for example rent arrears, anti-social behaviour, or another statutory reason. You have the right to a court hearing, legal advice, and the ability to challenge the process. If the landlord mishandles the process, you can also complain through its internal procedure and escalate to the Housing Ombudsman.
What is the difference between Section 21 and Section 8?
Section 21 allows a private landlord to end a tenancy without giving a reason, provided notice and procedural requirements are met. Section 8 requires the landlord to prove a specific legal ground — such as rent arrears or breach of tenancy — to a court. Social landlords do not use Section 21; they rely on grounds-based possession proceedings similar in principle to Section 8.
What replaces Section 21?
Under the Renters' Rights Bill, Section 21 will be replaced by a system of periodic tenancies in the private sector. Landlords will need to prove specific grounds to regain possession, rather than serving a no-fault notice. Social tenants already operate under a grounds-based system, so the replacement largely aligns private renting with protections social tenants already have.
Sources
- Housing Ombudsman Service — for complaints guidance, the Complaint Handling Code, and determinations
- Legislation.gov.uk — Housing Act 1988 (Sections 21, 8, and secure / assured tenancy provisions)
- GOV.UK — for social housing regulation, tenant rights, and the Renters' Rights Bill
This page is an information resource and does not constitute legal advice. If you need support with your tenancy or a potential eviction, free advice is available from Citizens Advice and Shelter.