Why tenant referencing matters more now that Section 21 has ended
Since 1 May 2026, most private landlords in England can no longer end a tenancy without a reason. Section 21 no-fault evictions have gone for the private rented sector, and most assured shorthold tenancies have become rolling assured periodic tenancies. That means the tenant you choose now is harder to undo if things go wrong.
To regain possession, you generally need to serve a Section 8 notice, rely on a valid legal ground, give the correct notice and prove your case in court. Thorough referencing is now your first line of defence, not a box-ticking step at the end.
For the wider picture, our note on what the Renters' Rights Act means now it is in force sets out the detail.
| Then, under Section 21 | Now, under Section 8 |
|---|---|
| No reason needed to end a tenancy | A valid legal ground must be proven |
| Accelerated route often available | Possession usually goes through a standard court process |
| Minimum 2 months’ notice | Notice varies by ground |
| Faster exit from a tenancy that went wrong | Strong evidence and correct paperwork matter more |
| Less pressure on pre-let checks | Referencing carries more weight |
Why the right tenant matters more than ever
Under the old rules, a tenancy that went wrong could often be ended without proving fault, provided the landlord followed the legal process. That safety valve has gone. If a tenant stops paying rent or repeatedly breaches the tenancy, you may now face months of process, lost income and court scrutiny before possession is resolved.
The serious rent arrears threshold for mandatory Ground 8 has also risen. For monthly rent, the tenant must usually owe at least 3 months’ rent both when notice is served and at the hearing. Ground 10 can be used for lower arrears, but it is discretionary, so the court decides whether possession is reasonable. This is one reason self-managing a rental can cost more than landlords expect once a problem appears.
Picture taking a tenant on a good feeling and a handshake. Three months in, the rent is late, then it stops. You wait because you want to be fair. By the time you serve notice, prepare evidence and reach court, several thousand pounds of rental income may have gone. Proper referencing might have shown the affordability gap before they moved in. It is not about distrust. It is about matching the rent to what someone can comfortably pay.
What thorough referencing covers
A solid check looks at affordability, employment or income, credit history, right to rent, and a previous landlord reference where available. Many agents look for income around 2.5 to 3 times the rent, though the right test depends on the applicant’s circumstances. A guarantor can help where income is tight, the tenant is new to renting, or the household has limited UK credit history.
Getting this right protects what landlords earn over time, because arrears and voids are usually more expensive than a slightly slower but better-qualified let. It also helps attract people who stay, because understanding what tenants are looking for works both ways.
There are wider rules to factor in too. You must advertise a specific asking rent and cannot accept or encourage offers above it, so the new rules on advertising your rent shape how you market. Tenants can also request a pet, and you may refuse only with a fair reason, so it pays to know the rules on tenants keeping pets before you advertise.
Where an agent helps
A good agent runs these checks every week and knows the local market. Experienced Wandsworth letting agents can reference an applicant properly, prepare a compliant periodic tenancy, and keep the records you may need if a ground is later disputed.
A fully managed let handles this end to end. A tenant find and referencing service suits landlords who manage day to day themselves, and letting with rent collection sits between the two, with arrears chased early before they reach the court threshold.
The same care applies at the other end. If you later decide on selling a rental property in Wandsworth under the sale ground, clean records support your position. Landlords with commercial premises for sale or to let face their own version of the same checks.
Frequently asked questions
Can landlords still evict tenants now Section 21 has ended?
Yes, but for most private tenancies you need a valid Section 8 ground, such as serious rent arrears, anti-social behaviour, sale or landlord occupation.
What does tenant referencing check?
Usually affordability, income, employment, credit history, right to rent and previous landlord references. A guarantor can be added where needed.
What happens if a tenant fails referencing?
You are not obliged to proceed. You might decline or ask for a guarantor, provided your criteria are fair and consistently applied.
How long does eviction take now?
Timelines vary by ground, notice period, court workload and whether the tenant defends the claim. Even strong cases can take months.
Get the tenant right first time
The cheapest possession claim is the one you never have to make. If you want vetting done properly before anyone signs, the team can help you let your property in Wandsworth with referencing built in. Call 020 8870 5800 to talk it through before your next let.