The Renters’ Rights Act 2025, due to take effect for the private rented sector from 1 May 2026, fundamentally reshapes how and when landlords can recover possession of residential property in England. At the heart of the reform lies the abolition of section 21 “no‑fault” evictions, with all possession claims now channeled through an expanded and re‑worked section 8 regime.
For landlords, this is not simply a procedural change. It demands a more forensic, evidence‑led and strategic approach to possession from the outset of every tenancy.
This article focuses specifically on what landlords need to understand about possession claims under the new Act, and the key pitfalls that are already emerging.
Section 21 Is Gone – Permanently
From 1 May 2026, landlords will no longer be able to serve new section 21 notices. Any section 21 notice served before that date must result in a court claim being issued by 31 July 2026, failing which it will lapse. After that point, section 8 will be the only route to possession.
Under the previous regime, section 21 allowed landlords to recover possession:
- Without proving fault
- Without giving reasons
- Regardless of tenant conduct
That certainty has now been removed. Possession is no longer automatic or predictable. Every claim must be justified under one or more statutory grounds, many of which are subject to conditions and restrictions.
The New Section 8 Regime: Expanded but More Constrained
The Act significantly expands and restructures the section 8 grounds for possession, broadly dividing them into:
- Mandatory grounds, where the court must make a possession order if the ground is proven; and
- Discretionary grounds, where the court must consider reasonableness.
New or updated grounds include:
- Landlord intention to sell
- Landlord or close family member intending to occupy
- Serious rent arrears
- Anti‑social behavior
- Serious breach of tenancy
- Redevelopment or disposal of the property
However, many landlords underestimate the limitations placed on these grounds.
The 12‑Month Bar: No Early Possession (Even for Sale or Occupation)
One of the most significant, and often overlooked, changes is the introduction of a minimum occupation period. For several key grounds (including sale and occupation), possession cannot be sought within the first 12 months of a tenancy.
This has serious implications for landlords who:
- Let a property pending sale.
- Expect to reoccupy in the near future.
- Need flexibility for refinancing or portfolio restructuring.
Once a tenancy is granted, landlords are effectively locked in for at least a year, regardless of changing circumstances.
“Reasonable Belief” and Evidence: Paperwork Now Wins (or Loses) Cases
Several section 8 grounds require the landlord to demonstrate a genuine and reasonable belief at the time notice is served, for example, an intention to sell or move in.
The Act introduces penalties for misuse, including offenses where a landlord knowingly or recklessly relies on a ground without genuine intent.
Courts are expected to scrutinise:
- Marketing instructions.
- Sale particulars.
- Mortgage advice.
- Redevelopment plans.
- Correspondence and timelines.
Landlords who “change their mind” after obtaining possession — or who cannot substantiate their intent — may face:
- Rent repayment orders.
- Financial penalties.
Restrictions on future possession claims.
Rent Arrears: Still a Ground, But Not a Shortcut
Serious rent arrears remain a mandatory ground for possession, but the practical reality is more complex.
The amended regime:
- Retains mandatory thresholds.
- Preserves discretionary grounds for persistent arrears.
- Encourages judicial consideration of affordability and conduct
With section 21 gone, there is no alternative route if a section 8 notice is defective. Errors in:
- Notice periods
- Grounds cited
- Prescribed forms
- Supporting evidence
can result in the claim being dismissed, forcing landlords to restart the process, often months later.
Retaliatory Eviction and Possession Delay
One of the policy objectives behind the Act is to prevent tenants being penalised for asserting their rights. Tenants are now more likely to:
- Raise disrepair complaints.
- Challenge rent increases.
- Scrutinise possession motives.
Courts may be more receptive to arguments that possession is retaliatory, particularly where notices closely follow complaints or tribunal activity.
Even where a landlord has a valid ground, poor timing or inadequate records can undermine an otherwise legitimate claim.
Existing Tenancies Are Caught by the New Rules
From commencement, all existing assured shorthold tenancies automatically convert to the new periodic regime. Possession action begun after that date must comply fully with the new section 8 framework, regardless of when the tenancy started.
Landlords should also note:
- New prescribed forms (including the revised Form 3A)
- Updated notice requirements
- Mandatory provision of government information
The Renters’ Rights Act does not remove a landlord’s ability to regain possession, but it raises the bar significantly. Possession is now a process that must be planned, justified, and documented with care.
For landlords who treat section 8 as a technical afterthought, the risk of delay, cost and adverse outcomes is high. With the correct documentation it is still a workable regime for possession, but it leaves far less room for error.
If you need any advice or guidance please get in touch with our Litigation Solicitor Maria Gough today.
