The Renters’ Rights Act 2025 has introduced significant changes to the way landlords can recover possession of residential properties in England.

One of the most important changes was the abolition of Section 21 “no-fault” evictions. Since 1 May 2026, landlords have no longer been able to serve a Section 21 notice under the Housing Act 1988 (‘HA 1988’) and must instead have a legally recognised reason for seeking possession of their property.

The Section 21 transitional period has ended

Landlords who served a valid Section 21 notice before 1 May 2026 were given a limited transitional period in which they could begin court proceedings under the previous rules.

However, 31 July 2026 was the final date on a court could issue a possession claim based upon a Section 21 notice. Landlords can therefore no longer begin a new possession claim using a Section 21 notice, even where the notice was validly served before 1 May 2026.

Where a court has issued the claim on or before 31 July 2026, those proceedings will continue until the case has concluded. Landlords who did not commence proceedings under section 21 before the deadline and wish to obtain possession of their residential property will now therefore need to consider whether one of the grounds for possession under Section 8 of the HA 1988 apply instead.

Recovering possession under Section 8

A Section 8 notice allows a landlord to seek possession of a residential property where there is a specific legal ground for doing so.

When serving a Section 8 Notice the landlord must identify the relevant ground or grounds, give the tenant the appropriate notice and provide evidence supporting the reason(s) for seeking possession. If the tenant does not leave when the notice expires, the landlord must then apply to the court for a possession order.

The grounds for possession are divided into two categories:

• Mandatory grounds: if the landlord proves that the ground applies and has complied with the relevant procedural requirements, the court must make a possession order at the hearing.

• Discretionary grounds: where the ground is established, the court may order possession at the hearing but must also consider whether it is reasonable to make a possession order.

Common mandatory grounds

The landlord or a family member intends to move in

A landlord may seek possession where they, their spouse, civil partner or another qualifying close family member intends to occupy the property. Landlords cannot serve a Section 8 notice relying on this ground during the first 12 months of a new tenancy. The required notice period is four months.

The landlord intends to sell the property

Possession may also be sought where the landlord wishes to sell a freehold or leasehold interest in the property, or grant a lease for a term of more than 21 years. As with the occupation ground, the Landlord cannot expire serve a Section 8 notice relying on this ground during the first 12 months of a tenancy. Evidence of a genuine sale is also required. The required notice period is four months.

Rent arrears

Unpaid rent arrears are a mandatory ground where the tenant owes at least:

• three months’ rent where rent is paid monthly; or
• 13 weeks’ rent where rent is paid weekly or fortnightly.

The required level of arrears must exist both when the notice is served and at the date of the court hearing. The notice period for this ground is four weeks.

Severe antisocial or criminal behaviour

Another mandatory ground is made out where the tenant, or another person residing in or visiting the property has been convicted of certain criminal offences or has breached an order relating to antisocial behaviour.

In qualifying cases, a landlord can be apply to the court immediately after giving notice to the tenant but the Court cannot make a possession order until at least 14 days after service of the notice.

Death of a tenant

This ground applies where a tenant has died and the tenancy has passed to another person under the deceased tenant’s will or intestacy rules.  The required notice period is 2 months.

Student accommodation

This ground allows a landlord to recover possession of premises let to full-time students at the end of the academic year.

Different requirements apply depending on whether the property is university accommodation or a privately rented house in multiple occupation occupied by full-time students. The required notice period is 4 months.

Common discretionary grounds

Discretionary grounds may include:

• Any rent is unpaid;
• persistent delays in paying rent;
• breaches of the tenant’s obligations under the tenancy agreement other than non-payment of rent;
• deterioration of the property or furniture;
• domestic abuse
• false information being provided to obtain the tenancy; and
• antisocial behaviour by the tenant, someone living with them or a visitor.

The notice period varies depending on the ground. For example, a landlord will need to provide four weeks’ notice for rent arrears or persistent late payment of rent, whereas other breaches of obligations under a tenancy agreement require two weeks’ notice to be given. In some antisocial behaviour cases, court proceedings may begin immediately after notice has been given.

Why landlords should seek advice before serving notice

Section 8 possession proceedings can be complex. Seeking to rely on the wrong ground, using an incorrect form, giving insufficient notice to the tenant or failing to provide the necessary evidence could all result in the notice being deemed to be invalid and the possession claim being dismissed.

The RRA 2025 has also introduced additional restrictions which will prevent the court from making a possession order in certain circumstances.

Where a tenant’s deposit has not been properly protected in an authorised scheme and provided the tenant with prescribed information, the court will be unable to make a possession order.

Additionally, once the Private Rented Sector (PRS) Database goes live, registration will be mandatory  for all private landlords and rental properties and will include the landlord’s details, property information and compliance records.

Obtaining advice at an early stage can help landlords identify the most appropriate route, avoid unnecessary delays and ensure that the correct procedure is followed.

How Richard Reed Solicitors can help

If you are a landlord dealing with rent arrears, antisocial behaviour, a breach of tenancy or another issue affecting your residential property, our Dispute Resolution team can advise you on your options.

We can assist with:

• identifying the appropriate ground for possession;
• preparing and serving a valid Section 8 notice;
• possession proceedings and court applications;
• rent arrears and related debt recovery; and
• responding to disputed or defended possession claims.

For advice about Section 8 notices or the changes introduced by the Renters’ Rights Act 2025, contact the Dispute Resolution team at Richard Reed Solicitors.

 Please note: This article is intended for general information only and does not constitute legal advice. The law and procedure applicable to a particular matter will depend on its individual circumstances.