Renters’ Rights Act: Understanding the New Grounds for Possession
One of the most important changes coming into affect from May 1st is the shift in how possession of a property can be regained. With the removal of Section 21 ‘no-fault’ evictions, landlords will now need to rely on clearly defined legal grounds for possession. Understanding these grounds—and how to use them —will be essential in staying compliant
Key Grounds for Possession
The revised framework strengthens and expands the existing Section 8 grounds. Here are some of the most relevant ones landlords should be aware of:
1. Selling the Property
If you intend to sell your rental property, you will be able to regain possession using the new sale ground. This will require a minimum of 4 months’ notice, and is subject to restrictions—such as not being usable within the first 12 months of a tenancy - notice can only be given from the 8th month.
2. Landlord or Family Moving In
You can seek possession if you or a close family member intend to move into the property. This ground will also require 4 months’ notice and is similarly restricted during the initial period of the tenancy.
3. Rent Arrears
Grounds relating to rent arrears have been strengthened. Persistent or serious arrears will provide a clearer route to possession, giving landlords more confidence when dealing with non-paying tenants. Mandatory rent arrears grounds will typically apply where arrears exceed a specified threshold (e.g. 3 months), with around 2–4 weeks’ notice
4. Breach of Tenancy Agreement
Tenants who breach the terms of their agreement—such as causing damage, antisocial behaviour, or other violations—can still be subject to possession proceedings under revised grounds. To rely upon these grounds, landlords will need to clearly evidence any breaches to ensure validity of the notice and avoid delays in court
As the system moves towards a more evidence-based approach, the strength and accuracy of your documentation will be critical when relying on any of these grounds.
Increased Restrictions and What They Mean
Alongside the introduction of clearer grounds, the legislation is also expected to introduce tighter restrictions on when and how these grounds can be used.
For example:
- Certain grounds, such as selling or moving in, will be restricted during the initial months of a tenancy - Only being able to be served from month 8.
- Notice periods will be longer, 4 months rather than the current 2 months, requiring more forward planning
- Misuse of grounds could lead to penalties or restrictions on future possession claims
- Greater scrutiny and evidential requirements will apply
This means that while grounds for possession remain available, they are no longer a ‘quick fix’—and must be used carefully, correctly, and with full compliance.
Why Many Landlords Are Turning to Managed Services
With increased regulation and reduced margin for error, many landlords are recognising the value of professional support.
A fully managed service can help by:
- Ensuring all legal grounds are used correctly and compliantly
- Handling documentation, evidence gathering, and notice requirements
- Keeping up to date with ongoing legislative changes
- Advising on the best course of action in complex situations
In an environment where mistakes can lead to costly delays or legal issues, having expert guidance is becoming less of a luxury—and more of a necessity.
Preparing for the Change
Ahead of 1 May, landlords should take time to:
- Review tenancy agreements and ensure they align with the new framework
- Put systems in place for tracking rent payments and tenant communications
- Seek advice or support to fully understand the updated legal process
Final Thoughts
The introduction of strengthened grounds for possession is a central pillar of the Renters’ Rights Act. While the loss of Section 21 marks a significant change, the revised system still provides landlords with clear and fair routes to regain possession when genuinely required.
However, with tighter restrictions and increased complexity, preparation is key. Landlords who take a proactive approach—and consider professional management support—will be best placed to navigate the changes with confidence.
To discuss moving to a fully managed service, or to discuss what these changes may mean for you as a landlord, please contact the office on 01273 253 000.
This article is intended as a general overview and should not be considered legal advice. For guidance specific to your circumstances, please seek professional advice.