The Renters’ Rights Act 2025 has introduced significant reforms to the private rented sector, most notably the abolition of Section 21 ‘no fault’ evictions.
While much commentary has focused on the broader impact of the legislation, landlords are now facing a more immediate and practical question: how can possession of a property be recovered once Section 21 is no longer available?
This article from our Property Litigation Lawyers focuses specifically on the new and amended statutory grounds for possession introduced by the Renters’ Rights Act 2025, explaining how they differ from the current Section 8 framework and what landlords need to consider when seeking to regain possession of their property.
For a general overview of the Renters’ Rights Act 2025 and the wider reforms affecting tenants and landlords, please see our separate guide on the Renters’ Rights Act 2025.
Overview of Act
Set out below is an overview of the changes brought in by the Renters’ Rights Act.
- Abolish Section 21 Notices - The no-fault eviction notice has been abolished (with effect from 1 May 2026 and the tenancy structure will now be that all tenancies are assured tenancies.
- New Possession Grounds - The new grounds to obtain possession of a property give tenants more security; however, there are added grounds that will enable a landlord to recover their property that weren’t a possibility before under the Section 8 procedure.
- Stronger protections against backdoor evictions - This has been done to ensure that tenants are able to appeal excessive above-market rents, which are designed to force them out by being unable to pay such a high rent. Landlord’s can still increase the rent to a market rate, and an independent tribunal will make a judgement on this if necessary.
- Private Rented Sector Landlord Ombudsman - This has been introduced to provide an impartial resolution for tenants’ complaints about their landlord.
- Private Rented Sector Database - This has been introduced to help landlords to understand their legal obligations and demonstrate compliance. A landlord will need to be registered on the database in order to use certain possession grounds.
- Tenants have a stronger right to request a pet in a property - This cannot be unreasonably refused by a landlord.
- Apply the Decent Homes Standard to the Private rented Sector and Apply ‘Awaab’s Law’ to the sector - This gives renters a right to a safer, better home and ‘Awaab’s Law’ sets guidance about timeframes in which landlords must carry out works to a property when they contain serious hazardous conditions.
- It is now illegal for landlords and agents to discriminate against prospective tenants in receipt of benefits or if they have children
- Landlord’s are unable to accept a rent higher than the advertised rent
- Local authority enforcement has been strengthened
- Rent payment orders have been strengthened
Currently, landlords can decide whether to serve a section 21 notice or a section 8 notice. If the landlord serves a section 8 notice, they have to set out the ground(s) they are relying upon to obtain possession.
The Renters’ Rights Act 2025 has introduced further grounds to assist landlords in obtaining possession of their property. Please see below a comparison of the mandatory grounds that are in place now for a Section 8 Notice compared to when the Renters’ Rights Act 2025 comes into force.
There are also discretionary grounds that have been amended; these can be found on the Government website.
Grounds for Possession now vs Grounds for Possession in the Renters’ Rights Act
Mandatory Grounds
Ground prior to the Renters’ Rights Act 2025 |
Notice Period |
Ground - Renters Rights Act 2025 |
Notice Period |
|
1 - Owner Occupier |
2 months |
1 -Occupation by landlord or family |
4 months |
|
1a – Sale of a Dwelling House |
4 months |
||
|
1b – Sale of Dwelling house under rent-to-buy |
4 months |
||
|
2 – Repossession by the landlord’s lender |
2 months |
2 - Sale by mortgagee |
4 months |
|
2ZA – Possession when superior lease ends |
4 months |
||
|
2ZB – Possession when superior lease ends |
4 months |
||
|
2ZC – Possession by superior landlord |
4 months |
||
|
2ZD – Possession by superior landlord |
4 months |
||
|
3 – Holiday let |
2 weeks |
|
|
|
4 – Student let |
2 weeks |
4 -Student accommodation |
2 weeks |
|
4A – Properties rented to students for occupation by new students |
4 months |
||
|
5 – Property required for minister of religion |
2 months |
5 – Ministers of religion |
2 months |
|
5A – Occupation by agricultural worker |
2 months |
||
|
5B – Occupation by person who meets employment requirements |
2 months |
||
|
5C – End of employment by the landlord |
2 months |
||
|
5D – End of employment requirements |
2 months |
||
|
5E – Occupation as supported accommodation |
4 weeks |
||
|
5F – Dwelling-house occupied as supported occupation |
4 weeks |
||
|
5G – Tenancy granted for homelessness duty |
4 weeks |
||
|
5H – Occupation as ‘stepping stone accommodation’ |
2 months |
||
|
6 – Property required for redevelopment |
2 months |
6 – Redevelopment |
4 months |
|
6A – Decant Accommodation |
4 months |
||
|
6B – Compliance with enforcement action |
4 months |
||
|
7 – Death of tenant |
2 months |
7 – Death of tenant |
2 months |
|
7A – Antisocial behaviour |
One month/4 weeks |
7A – Severe ASB/Criminal behaviour |
Immediately |
|
7B – Tenant does not have a right to rent |
2 weeks |
7B – No right to rent |
2 weeks |
|
8 – Serious rent arrears |
2 weeks |
8 – Rent arrears |
4 weeks |
If you are a landlord and you want to obtain possession of your property using the non- fault eviction (section 21 notice) then you need to act now. Once the section 21 notice has been abolished you will have to rely upon one of the grounds set out above.
Need advice on possession under the Renters’ Rights Act 2025?
Our Property Litigation team regularly advises landlords on possession strategy, notice requirements and court proceedings, including complex and time-sensitive cases arising from the Renters’ Rights Act 2025.
If you are considering regaining possession of your property or want to understand how the new rules apply to your situation, we can provide clear, practical advice tailored to your circumstances.
0161 941 4000
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Vikki Wright
Associate
Vikki has 2 years of experience acting as a Property Litigation solicitor. Vikki has specialist expertise in disputes under the Trusts of Land and Appointment of Trustees Act 1996, residential possession and commercial landlord and tenant disputes.
About Vikki Wright