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Law & possession

Section 21 is gone. Here's what landlords actually do next.

The no-fault eviction route has been abolished. Possession now runs entirely through Section 8 grounds, and for most careful landlords that is a smaller change than the headlines suggest.

May 12, 2026 8 min read Phasing in
Front door of a London property
Key takeaways

The short version

  • Section 21 'no-fault' notices are abolished under the Renters' Rights Act.
  • To regain possession you must now rely on a Section 8 ground and, if needed, a court order.
  • The Act keeps and strengthens grounds such as selling, moving in, redevelopment and serious arrears.
  • Some grounds cannot be used in the early months of a tenancy, so plan ahead.
  • Good record-keeping is now your most important tool for any possession.

For three decades, ending a tenancy in England was simple: serve a Section 21 notice, give the required notice period, and you did not have to give a reason. The Renters' Rights Act removes that route entirely. There is no longer a way to end an assured tenancy without a stated, legally recognised ground.

That sounds dramatic, and for some business models it is. But for landlords who let to reliable tenants and rarely need to take a property back, the practical day-to-day change is modest. What changes most is the paperwork and the planning around the few occasions you do need possession.

01 · OverviewWhat has changed

The single change to fix in your mind is this: every possession now needs a reason that the law recognises. That reason is a "ground" set out in Section 8 of the Housing Act 1988, as amended by the Renters' Rights Act. You serve a notice that states the ground, give the required notice period, and if the tenant does not leave, you apply to the court.

Some grounds are "mandatory" (if proven, the court must grant possession) and some are "discretionary" (the court weighs whether it is reasonable). Choosing the right ground, and evidencing it, is now the heart of the process.

02 · The groundsWhat you can rely on

The grounds fall into broad families. The Act keeps the familiar ones and adds or reshapes others so that legitimate reasons for possession are still available:

  • Selling the property. A ground exists for landlords who genuinely intend to sell.
  • Moving in. You, or a close family member, intending to live in the property.
  • Redevelopment. Substantial works that cannot be carried out around a sitting tenant.
  • Rent arrears. Where the tenant has fallen significantly behind.
  • Anti-social behaviour and breach. Conduct or breaches of the tenancy agreement.

The exact notice periods, arrears thresholds and evidential tests differ by ground and are set out in the legislation and the government's guidance. Because some of these figures are still settling as the Act is implemented, we always check the current position on gov.uk before serving any notice rather than relying on a remembered number.

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Get the ground right the first time

A notice that cites the wrong ground, or gives the wrong notice period, can be invalid, and you start again from zero. This is the part of the process where a small mistake costs the most time.

03 · TimingThe protected period

The Act introduces a protected period at the start of a tenancy during which certain grounds, notably selling and moving in, cannot be used. The intention is to give tenants a baseline of security so they are not moved on shortly after arriving.

The practical consequence: if there is any realistic chance you will want the property back to sell or occupy within the first year, factor that into your decision before you let, not after. Once the tenancy is running, those particular grounds are off the table until the protected period passes.

04 · EvidenceWhy records matter more now

Without Section 21, every possession is a reasoned case. That means the quality of your records is now the quality of your position. For an arrears case, that is a clean, contemporaneous rent ledger. For a sale, evidence of genuine intent. For anti-social behaviour, a dated log and any third-party reports.

"The landlords who will find the new regime easiest are the ones who were already keeping good records. Nothing else changes as much as that."

City Flats management team

This is not bureaucracy for its own sake. A court grants possession on what you can show, not what you can assert, and the burden now sits with you on every case.

05 · ActionWhat to do now

  • Stop relying on Section 21, any notice served on that basis is invalid.
  • Make sure your tenancy agreement is on a current, compliant template.
  • Keep a clean rent ledger and a dated record of any issues as they arise.
  • If you may want to sell or move in, think about timing before you let.
  • Before serving any notice, confirm the current ground and notice period on gov.uk or take advice.

None of this means possession has become impossible. It means it has become a process built on reasons and evidence rather than a no-questions notice. Handled properly, legitimate cases still succeed.

Worried about a specific tenancy?

Let us review your position.

We will look at your current agreements and tell you, plainly, where you stand under the new possession rules.

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