A Comprehensive Guide to Possession Proceedings and Eviction Under the Renters’ Rights Act

The provisions in the Renters’ Rights Act 2025 will affect the estimated 2.3 million private landlords and the 11 million tenants in England.

Understanding how the Act will affect landlord responsibilities and tenants’ rights is crucial. This comprehensive Guide to the Renters’ Rights Act examines key reforms to possession law and timelines.

Contact OTS Solicitors For Landlord and Tenant Legal Advice.

Timeline for the Renters' Rights Act 2025

The Act received royal assent in October 2025, but some of its provisions are not yet in force. The implementation will be phased in, but the government has announced that, from 1 May 2026, some protections, including the end of Section 21 no-fault evictions, will apply to new tenancies.

Tenants with tenancy agreements entered into before 1 May 2026 will transition to the Act's provisions on a date set by the government.

Landlord Solicitors emphasise that landlords need to understand the sweeping changes to landlord and tenant law now, so they are fully compliant with the Act when the provisions come into force and can budget for them.

It's important that tenants realise that whilst the Act is a significant overhaul of landlord and tenant law in England and abolishes Section 21 evictions, landlords can still gain possession of rental property if they comply with the new possession grounds in the 2025 Act.

Key changes to landlord and tenant law in the 2025 Act

The Renters' Rights Act contains these key changes to landlord and tenant law:

1. An end to no-fault eviction or Section 21 notices.
2. Amended grounds for possession.
3. An end to assured shorthold tenancies (ASTs) and their replacement with periodic assured tenancies.
4. Improvements in rented accommodation housing standards.
5. Requirements for landlords to provide tenants with additional information and documents.

Ending no-fault eviction

In May 2026, no-fault evictions will be abolished for new tenancy agreements. The end of Section 21 notices means that, in all possession claims, landlords must provide a reason for seeking possession.

Although the Renters' Rights Act is hailed as ending no-fault evictions, Landlord and Tenant Solicitors say tenants will still be able to be evicted, even when they are not at fault. However, for new tenancy agreements, landlords won't be able to serve a Section 21 notice without providing an explanation for seeking possession. To secure possession, the landlord will need to use the new possession grounds.

It’s a subtle change in landlord-tenant law: a landlord can claim possession on several no-fault grounds, such as moving into the rental property or selling it. With the end of no-fault evictions, Landlord Solicitors anticipate that:

1. Increased numbers of tenants will try to defend possession claims. For example, arguing that the landlord’s motive in securing possession is not to move into their house but to let it out at a higher rent.
2. There will be a reduction in retaliatory evictions.
3. Tenants will have increased confidence to report housing disrepair and to pursue their tenant rights.

Amended grounds for possession in the Renters' Rights Act

The Act introduces new grounds for possession and amends existing ones. The new and amended grounds for possession will apply to existing fully assured tenants and assured shorthold tenants, whether their tenancy agreements began before or after the Act's implementation.

To obtain possession, a landlord will need to:

1. Give their tenant the required notice period, and
2. Have protected the tenant’s deposit in a government-approved deposit scheme.
3. Obtain a possession order from the court.

A landlord can apply for possession using more than one ground. It’s essential that landlords take legal advice from Landlord Solicitors on the most relevant grounds and notice requirements. It's also important that tenants understand their right to challenge all grounds for possession under the Renters' Rights Act.

The Act divides the grounds for possession into mandatory and discretionary categories.  If a landlord commences possession proceedings on a mandatory ground, the court has no discretion to refuse the claim provided the landlord has proved its case.

The mandatory grounds for possession under the Renters' Rights Act 

The mandatory grounds for possession in the Act are grounds 1 to 8. More than one ground may be used to claim possession. Using multiple grounds may be sensible if there is a realistic prospect that a tenant could successfully challenge one of them.

The mandatory possession grounds include:

• Ground 1 - occupation required by the landlord or close family, provided that the tenancy agreement has been in place for over 12 months.
• Ground 1A – the landlord intends to sell the rented house, provided that the tenancy agreement has been in place for over 12 months.
• Ground 2 – the sale of the rental property is required by the landlord’s mortgagee.
• Ground 4A – a house in multiple occupation and rented to full-time students is required for occupation by new students. An HMO is defined as at least three tenants living at the property in more than one household and sharing facilities, such as a kitchen, toilet and bathroom. This ground cannot be used if the tenancy was agreed more than six months before the tenancy started, or if the landlord did not give advance notice of their intention to rely on this ground.
• Ground 6 – a landlord is redeveloping the rental property or demolishing it, and the tenant cannot live in the property while the work is ongoing. This ground cannot usually be used during the first six months of the tenancy agreement.
• Ground 6B – a landlord needs to comply with enforcement action. The court can order the landlord to pay the tenant compensation if possession is ordered under this ground.
• Ground 7A - severe antisocial or criminal behaviour if a tenant or a person living with them or visiting them is convicted of criminal behaviour or breaches an order to prevent antisocial behaviour, or if the council or police have applied for a closure order.
• Ground 7B – the tenant has no right to rent under immigration law.
• Ground 8 - rent arrears.

Obtaining mandatory possession for rent arrears under the Renters' Rights Act

A landlord will be able to obtain mandatory possession for rent arrears if :

1. A tenant owes at least three months’ rent if the tenant pays their rent monthly.
2. A tenant owes at least 13 weeks’ rent if the rent is paid weekly or fortnightly.

The tenant must owe the outstanding rent on the day the landlord gives notice and on the date of the hearing.

One crucial point is that a landlord cannot secure possession for rent arrears if the tenant pays the rent arrears, or reduces them to less than three months or 13 weeks' rent, by the date of the possession hearing.

The notice period for mandatory possession for rent arrears is four weeks' notice.

Obtaining possession for rent arrears using discretionary grounds under the 2025 Act

There are two discretionary grounds for possession for rent arrears under the 2025 Act:

1. Ground 10 - any rent arrears. If a tenant owes less than three months' rent, the court will grant a possession order only if it considers it reasonable to do so.
2. Ground 11 - persistent arrears if the tenant has repeatedly delayed paying rent. The reasonableness test also applies to this ground.

The notice period for grounds 10 and 11 is 4 weeks’ notice before a landlord can apply to the court for a possession order to evict the tenant.

Discretionary grounds for possession under the Renters' Rights Act

Using discretionary grounds rather than mandatory ones gives the court discretion over whether it is reasonable to evict the tenant, even if it finds the grounds proved. The discretionary grounds include:

• Ground 9 – the tenant has been offered suitable alternative accommodation.
• Ground 12 - the tenant breached the tenancy agreement. (The breach will not be related to non-payment of rent, as there are specific grounds for possession for rent arrears).
• Ground 13 - deterioration of property by the tenant.
• Ground 14 - antisocial behaviour or the commission of a serious offence near the rental property by the tenant or a person that lives with the tenant or visits them.
• Ground 14A - domestic abuse by the tenant and the tenant’s partner or a person living with them has left the rental property and is unlikely to return.
• Ground 15 - deterioration of furniture by the tenant.
• Ground 17 - the tenant or a person acting for them gave a false statement or information to obtain the tenancy.

Preparing for May 2026

The Renters’ Rights Act abolishes no-fault Section 21 notices, amends the grounds for possession and strengthens legal protections for tenants. The changes are substantial, and many landlords may elect to take steps before the new law is implemented for new tenancy agreements.

Landlord and Tenant Solicitors recommend that, with the law in flux and timelines and transitional arrangements uncertain, landlords begin preparing for May 2026 by seeking legal advice on their tenancy agreements and the new grounds for securing possession. Tenant Lawyers recommend that tenants seek legal advice if their landlord issues a Section 21 notice before the new law takes effect, or if they believe they are facing a revenge eviction after disrepair is brought to their landlord’s attention.

Contact our specialist UK Landlord Lawyers for expert legal advice on landlord rights.

Appointments are available at our offices in central London, by phone, or via online consultation.

 

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