The abolition of Section 21 has fundamentally rewritten the rulebook for ending tenancies in England. From 1 May 2026, landlords can no longer issue "no fault" eviction notices. Instead, they must rely on specific, legally defined grounds for possession set out in Schedule 2 of The Renters' Rights Act 2026.
This shift represents the most significant change to the possession framework in decades. Landlords retain the right to recover their properties, but only in circumstances where there is a legitimate reason. The law now requires a court order for possession in all cases, and the grounds themselves have been strengthened with additional safeguards for tenants.
Understanding these possession grounds is essential for anyone operating in the private rented sector. This chapter breaks down when and how landlords can still end a tenancy under the new framework.
Under The Renters' Rights Act 2026, landlords can only end assured tenancies in specific circumstances defined by law. There is no longer any route to possession without proving one of these grounds in court.
The grounds fall into two categories. Mandatory grounds require the court to grant possession if the landlord proves the ground applies. Discretionary grounds give the court power to decide whether possession is reasonable based on the circumstances.
All possession claims must now go through the court system. Landlords must serve the correct notice, wait for the notice period to expire, and then apply to court for a possession order. Self-help evictions remain illegal and carry serious penalties.
The notice periods have been extended across most grounds, giving tenants more time to find alternative accommodation. The government's stated aim is to balance legitimate landlord needs with tenant security.
These grounds apply when a landlord or their close family member needs to move into the property. Ground 1 covers the landlord themselves, while Ground 1A extends to immediate family members in certain circumstances.
The Act introduces significant restrictions to prevent abuse of these grounds. After using Ground 1 or 1A to recover possession, landlords cannot re-let the property on an assured tenancy or offer it under a licence to occupy for a specified restricted period. This is designed to stop landlords using owner occupation as a backdoor route to removing tenants they simply want to replace.
Landlords must provide two months' notice when relying on these grounds. The notice must clearly state which ground is being used and explain why it applies.
Courts will scrutinise these claims carefully. Landlords need to demonstrate genuine intent to occupy. Evidence might include proof of selling their current home, work relocation documentation, or family circumstances requiring the move.
Redevelopment grounds allow landlords to recover possession when they need to carry out substantial works that cannot be completed with the tenant in situ.
The Renters' Rights Act 2026 expands Ground 6 to cover relevant social landlords and introduces Ground 6B for situations where tenants have been provided with alternative accommodation during redevelopment work.
To use these grounds, landlords must demonstrate that the intended works are substantial enough to require vacant possession. Minor repairs or cosmetic improvements will not qualify. The works must be significant structural changes, major system replacements, or compliance work that renders the property uninhabitable during completion.
Where possession is sought under these grounds, landlords must usually provide alternative accommodation meeting specific statutory requirements. The alternative must be reasonably suitable for the tenant's needs, taking into account factors like location, size, and rent levels.
The notice period for redevelopment grounds is two months. Landlords must provide detailed evidence of the planned works, including planning permissions, building control approvals, and contractor quotes.
Ground 8 is a mandatory ground that applies when tenants have fallen into serious rent arrears. The Renters' Rights Act 2026 has increased the thresholds to provide additional protection for tenants facing temporary financial difficulties.
Tenants must now have at least three months of rent arrears both when the notice is served and at the court hearing date. This is an increase from the previous two-month threshold. If arrears drop below three months at any point before the hearing, the mandatory ground no longer applies.
The notice period has also increased from two weeks to four weeks. This gives tenants more time to access support, negotiate payment plans, or source emergency funding to clear the arrears.
Because Ground 8 is mandatory, courts have no discretion to refuse possession if the arrears threshold is met at both the notice and hearing stages. However, landlords must still follow the correct procedures precisely. Any errors in the notice or failure to meet the technical requirements will result in the claim being struck out.
Tenants facing arrears should seek advice immediately. Early intervention can often prevent possession proceedings through negotiated repayment agreements or access to discretionary housing payments.
The Act retains several other grounds that may apply in specific circumstances:
Ground 7A (Antisocial Behaviour): This mandatory ground applies when a tenant or someone living in or visiting the property has been convicted of a serious offence committed in or near the property. The notice period is four weeks.
Ground 14 (Nuisance and Annoyance): A discretionary ground covering behaviour causing nuisance or annoyance to neighbours, illegal use of the property, or damage beyond normal wear and tear. Courts will consider the severity and impact when deciding whether to grant possession.
Ground 14A (Domestic Abuse): Allows possession where a tenant or occupier has been convicted of a domestic abuse offence against their partner or former partner. This is a discretionary ground with safeguards to protect victims.
Ground 14ZA (False Statements): Applies when a tenant or guarantor has provided false or misleading information to obtain the tenancy. The court must be satisfied the false statement influenced the landlord's decision to grant the tenancy.
Each ground has specific notice requirements and procedural rules. Landlords must ensure they select the correct ground and follow the prescribed process exactly.
The Renters' Rights Act 2026 includes several mechanisms to protect tenants from unfair possession claims.
Tenants can challenge above-market rent increases designed to force them out of the property. Where a landlord serves a rent increase notice that appears punitive, tenants can refer the case to the First-tier Tribunal. The tribunal will determine whether the proposed rent reflects market rates for similar properties in the area.
For discretionary grounds, courts retain full power to refuse possession even where the ground is technically proven. Judges will consider factors including the tenant's circumstances, the impact of possession on any children, the availability of alternative accommodation, and the proportionality of eviction.
Tenants also benefit from extended notice periods across most grounds, providing more time to challenge claims, seek legal advice, or secure alternative housing.
The Act introduces stronger enforcement against landlord breaches. Local councils can issue civil penalties up to £7,000 for minor violations of the possession requirements. For serious or repeat non-compliance, penalties can reach £40,000. Councils can also pursue criminal prosecution in the most serious cases, with unlimited fines available.
All possession claims must follow the prescribed court procedure. Landlords cannot skip steps or take shortcuts without risking their claim being dismissed.
The process begins with serving the correct form of notice on the tenant. The notice must specify the ground being relied upon, explain why it applies, and state the date after which possession proceedings may begin.
Once the notice period expires, landlords can apply to court using Form N5 (standard possession claims) or Form N5B (accelerated possession for certain grounds). The application must be accompanied by evidence supporting the ground claimed.
Courts will list hearings within a timeframe dependent on the type of ground. Mandatory grounds typically receive faster hearing dates than discretionary claims.
Both parties can present evidence and arguments at the hearing. Tenants have the right to defend the claim and cross-examine the landlord's evidence.
If possession is granted, the court will set a date by which the tenant must leave. This is usually 14 to 28 days from the hearing, though courts can extend this in cases of exceptional hardship.
The new possession framework represents a fundamental shift in the landlord-tenant relationship. Security of tenure is now the default position, with possession available only where legitimate grounds exist and proper procedures are followed.
For landlords, this means more careful planning when circumstances change. The days of serving Section 21 notices as a precautionary measure or to enable rent increases are over. Every possession claim must be justified by one of the statutory grounds and proven in court.
For tenants, the changes provide significantly stronger protection against arbitrary eviction. Knowing that landlords cannot end tenancies without valid reason creates the stability needed to make a property a genuine home.
The success of this framework depends on both parties understanding their rights and responsibilities. Landlords who follow the rules and use possession grounds appropriately will find the system works for them. Tenants who maintain their obligations and seek early help when difficulties arise will be protected from unfair eviction.
The 1 May 2026 implementation date is fast approaching. Now is the time for everyone in the sector to ensure they understand exactly when and how possession can be pursued under the new legal landscape.
Let Tech Solutions Ltd is an Appointed Representative of George Stubbs Insurance Services Ltd, which is authorised and regulated by the Financial Conduct Authority.
