What the Hell Is Happening with Section 21? (And What to Do If Your Tenant’s Not Paying)

If you’re a landlord in Crewe, Stoke or anywhere in Cheshire, you’ve likely heard the news: Section 21 is being scrapped under the Renters Reform Bill.

And if you’ve ever had a tenant stop paying rent — or just disappear — this change might have you seriously worried.

At NUVO Lettings, we’re landlords too. We manage our own investments alongside our clients’ portfolios across South Cheshire and Staffordshire. Here’s our straight-talking guide to what’s actually happening with Section 21 — and what to do if your tenant’s not paying.

What Is Section 21 (And Why Is It Going?)

Section 21 allows landlords to regain possession of a property without needing to give a reason. It’s commonly called a “no-fault eviction.”

It’s useful if a tenant is causing low-level issues, or if you want to sell or move back in.

But under the Renters Reform Bill, Section 21 is being abolished. All tenancies will shift to a single system of periodic agreements, and landlords will only be able to evict using specific legal grounds under Section 8.

The government says this gives tenants more security. Landlords say it makes things harder. Both are true.

So, What If My Tenant Isn’t Paying Rent?

Right now, if a tenant is in arrears, here’s what you can do:

1. If Section 21 still applies: You can serve a two-month notice under Section 21 — assuming you’ve complied with all legal requirements (EPC, deposit scheme, gas safety, etc).

2. If Section 21 has gone: You’ll need to use Section 8.

Ground 8 is the key one — where the tenant is two months in arrears at the time of the hearing (mandatory ground). Grounds 10 and 11 cover lesser or repeated arrears but may be discretionary.

To use Section 8 successfully, your tenancy must be watertight, your records up-to-date, and every legal step followed correctly. That’s where most landlords fall down.

We’re Already Managing Tenancies As If Section 21 Is Gone

We’ve prepped our systems for a world without Section 21 by keeping detailed arrears records, logging every communication, issuing pre-action letters and payment plans, and screening tenants more tightly from the start.

Everything is documented — ready for court if needed.

Can I Still Reclaim My Property to Sell or Move In?

Yes — but there will be rules. Under the new RRB structure, you’ll need to give valid notice under revised Section 8 grounds (e.g. selling or moving in) — and you’ll need to prove your intentions.

You won’t be allowed to re-let the property for at least 3 months afterwards.

It’s still possible — but far more regulated.

What If I Have an HMO and One Tenant Isn’t Paying?

This is where things get trickier. In a shared HMO setup, one tenant not paying can disturb the whole house and lead to voids or even other tenants giving notice.

We deal with this regularly and move fast by issuing breach notices, offering early surrender options, and replacing non-payers quickly from our backup list of pre-screened applicants.

You’ll Need a More Strategic Eviction Plan in 2025

Section 21 is going — but that doesn’t mean you’re stuck. It just means you’ll need a more strategic approach, with better documentation, screening, and legal awareness.

At NUVO, we’re already doing it — for our own properties and for landlords across Cheshire.

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