Key Changes to Grounds for Obtaining Possession of Property Let to Residential Tenants as from 1 May 2026

Renters’ Rights Act 2025 – Key Changes to Be Aware Of

The Renters’ Rights Act 2025 fundamentally changes how residential landlords can recover possession of their properties, with new rules coming into force from May 2026. With Section 21 abolished from 1^st May 2026, it is essential that every residential landlord understands the revised Section 8 grounds, and the new procedural obligations that accompany them.

Our property litigation team has prepared the following summary of the key changes taking effect from 1^st May 2026.

1. Section 21 Abolished

The most notable change under the Renters’ Rights Act 2025 is the abolition of Section 21, which will be effective from 1^st May 2026. After this date landlords must rely entirely on Section 8 grounds. Please see the table below for comparisons between the grounds applicable before and after 1 May 2026.

2. New Mandatory Sale Ground

Landlords can now rely on a mandatory ground for sale, which would replace reliance on “no-fault” eviction.

3. Strengthened Landlord Occupation Ground

Ground 1 becomes more flexible but subject to new safeguards for tenants, giving them more time to find a home if landlords evict to move in or sell, and ensuring landlords do not misuse grounds.

4. Rent Arrears Threshold Adjustments

The mandatory arrears ground (Ground 8) becomes harder to rely upon without sustained arrears.

5. Greater Judicial Scrutiny

In all periodic tenancies, the courts will play a more central role in balancing landlords’ rights and tenants’ protections.

Mandatory vs Discretionary

• Mandatory: If the landlord proves the ground and procedural compliance, the court must grant possession.
• Discretionary: The court must consider reasonableness, tenant circumstances, and proportionality.

Final Observations

The shift under the Renters Rights Act 2025 is structural rather than cosmetic. The court-based possession process becomes the default route in every case. Landlords should take the following specific steps to prepare:

• Review portfolio risk exposure.
• Make a plan for arrears escalation.
• Be aware of evidential requirements.
• Take early legal advice before serving a possession notice.

Please see our previous article, ‘The Abolition of Section 21 “No-Fault” Possession Notices. A Major Turning Point for Residential Landlords and Tenants’, for related information.

For additional guidance, please read: gov.uk – Grounds for possession: guidance for landlords and letting agents.

Comparison of Section 8 Possession Grounds Pre and Post 1 May 2026

 

Ground	Current Position (Housing Act 1988)	Mandatory / Discretionary (Current)	Position from 1 May 2026 (Renters Rights Act 2025)	Mandatory / Discretionary (From 1 May 2026)	Notice period (From 1 May 2026)
Ground 1 – Landlord Occupation	Landlord may recover possession if property was previously their only or principal home (subject to prior notice).	Mandatory	Expanded to allow landlord or close family member to occupy (subject to safeguards and minimum tenancy period).	Mandatory	4 months
Ground 1A – Sale of Property	Not available (sales with vacant possession have typically been achieved using Section 21).	N/A	New ground allowing possession where landlord intends to sell.	Mandatory	4 months
Ground 2 – Mortgagee Repossession	Mortgage lender entitled to possession under terms of mortgage created before tenancy.	Mandatory	Largely unchanged.	Mandatory	4 months
Ground 3 – Holiday Let	Property previously let as holiday accommodation and now required for that purpose.	Mandatory	Retained with procedural adjustments for periodic tenancy structure.	Mandatory	2 weeks
Ground 4 – Student Let	Property let by educational institution for student occupation.	Mandatory	Retained; modified to reflect abolition of fixed terms.	Mandatory	2 weeks
Ground 5 – Minister of Religion	Property held for occupation by a minister of religion.	Mandatory	Retained.	Mandatory	2 months
Ground 6 – Redevelopment	Landlord intends substantial works requiring vacant possession.	Mandatory	Retained with strengthened safeguards.	Mandatory	4 months
Ground 7 – Death of Tenant	Applies where tenancy devolves following tenant’s death.	Mandatory	Retained; aligned with periodic regime.	Mandatory	2 months
Ground 7A – Serious Anti-Social Behaviour	Applies following conviction or serious ASB findings.	Mandatory	Retained with procedural refinements.	Mandatory	Landlords can begin proceedings immediately
Ground 7B – No Right to Rent	Tenant disqualified from renting due to immigration status.	Mandatory	Retained.	Mandatory	2 weeks
Ground 8 – Serious Rent Arrears	At least two months’ arrears (monthly tenancy) at notice and hearing.	Mandatory	Retained but arrears threshold extended.	Mandatory	4 weeks
Ground 9 – Suitable Alternative Accommodation	Suitable alternative accommodation available.	Discretionary	Retained.	Discretionary	2 months
Ground 10 – Some Rent Arrears	Some rent unpaid at service of notice and hearing.	Discretionary	Retained.	Discretionary	4 weeks
Ground 11 – Persistent Delay in Paying Rent	Repeated late payment of rent.	Discretionary	Strengthened to address repeated serious arrears behaviour.	Discretionary	4 weeks
Ground 12 – Breach of Tenancy	Any breach of tenancy (other than rent).	Discretionary	Retained.	Discretionary	2 weeks
Ground 13 – Deterioration of Property	Property condition worsened due to tenant neglect.	Discretionary	Retained.	Discretionary	2 weeks
Ground 14 – Anti-Social Behaviour	Tenant guilty of nuisance or annoyance.	Discretionary	Retained with clarified definitions.	Discretionary	Landlords can begin proceedings immediately
Ground 14A – Domestic Violence	Ground available to social landlords in domestic violence cases.	Discretionary	Largely unaffected in private sector context.	Discretionary	2 weeks
Ground 15 – Deterioration of Furniture	Furniture deteriorated due to tenant neglect.	Discretionary	Retained.	Discretionary	2 weeks
Ground 16 – Employment-Linked Accommodation	Tenant employed by landlord and employment has ended.	Discretionary	Retained.	Discretionary	2 months
Ground 17 – False Statement	Tenancy induced by false statement by tenant.	Discretionary	Retained.	Discretionary	2 weeks

 

Property Dispute Lawyers London – Legal Services for Landlords

Our property disputes team are here to help guide you through the changes brought by the Renters’ Rights Act 2025. For more information or to speak to one of our team, email us at contact@muscattblackgraf.com or click here to complete our online contact form.

This blog was prepared on 2 March 2026. It is not intended to be advice and should not be relied upon as such.