What is No-Fault Eviction (Section 21)?

"No-fault eviction" describes a landlord ending a tenancy without needing to show the tenant did anything wrong — or give any reason at all. Understanding the term matters for Scottish renters mainly because of how often England-focused housing coverage assumes it exists everywhere. In Scotland, it doesn't.

The English original: Section 21. Under Section 21 of the Housing Act 1988, a landlord in England could serve notice to end an assured shorthold tenancy without giving any reason once the fixed term ended. The tenant might have paid every month on time and kept the property immaculate — none of that mattered. Section 21 became the defining insecurity of English private renting and the target of years of reform campaigns.

England's abolition. The Renters' Rights Act 2025 abolished Section 21 with effect from 1 May 2026. English landlords must now use Section 8 of the Housing Act 1988, which requires a specific ground for possession — bringing England closer to the model Scotland has operated for years.

Scotland abolished it first. The Private Housing (Tenancies) (Scotland) Act 2016 created the Private Residential Tenancy (PRT), the only private tenancy type that can be created in Scotland since 1 December 2017. A PRT has no fixed term and no no-fault route: it continues until the tenant chooses to leave or the landlord ends it using a statutory eviction ground. There is nothing a Scottish landlord can serve that is equivalent to a Section 21 notice.

The 18 grounds. Schedule 3 of the 2016 Act sets out 18 eviction grounds. They cover the landlord's plans for the property (intends to sell, intends to refurbish, intends to live in it, a family member intends to live in it, non-residential use), the tenant's conduct (rent arrears, breach of the tenancy agreement, criminal or anti-social behaviour, no longer occupying the property), and legal impediments to the let continuing (landlord no longer registered, HMO licence revoked, overcrowding notice). The landlord must state the ground in a Notice to Leave.

The Tribunal's role. A Notice to Leave does not itself evict anyone. If the tenant does not move out, the landlord must apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) for an eviction order. The Tribunal must be satisfied both that the stated ground applies and that it is reasonable to grant the order — the grounds are discretionary, so even a genuine ground can be refused if eviction would be disproportionate in the circumstances.

Why the distinction matters. The absence of no-fault eviction is the foundation of Scottish tenants' security: a landlord cannot remove a tenant simply for refusing a rent increase or asking for repairs. It also shapes landlord behaviour — ending a PRT requires a genuine, evidenced reason and, if contested, a Tribunal's agreement.