How the Renters Rights Act 2025 changes the grounds for possession for landlords

How the Renters Rights Act 2025 changes possession rules for landlords

We review the changes to the grounds for possession under the Renters Rights Act and what they could mean for landlords.

From 1 May 2026, many new rules under the Renters Rights Act 2025 came into force. These changes have had a major impact on landlords and the private rented sector. Under the old system, landlords with assured shorthold tenancies could usually regain possession of their property by giving tenants two months’ notice. This is often known as a “no-fault eviction”.

This is no longer allowed.

Now, landlords can only recover possession of a residential property if they serve notice under Section 8 of the Housing Act 1988 and can prove one or more legal grounds listed in Schedule 2 of that Act. Some of these grounds already existed, but many have changed and several new grounds have been added. This article explains the most common grounds for possession, the notice periods involved, and what happens if tenants do not leave the property.

Types of Possession Grounds

The grounds for possession are split into two categories:

1. Mandatory Grounds - if the landlord proves the ground applies, the court must grant possession.

2. Discretionary Grounds - if the landlord proves the ground applies, the court can decide whether possession should be granted.

Rent Arrears (Grounds 8, 10 and 11)

There are three grounds linked to unpaid rent.

• Ground 8 – Mandatory Ground

To succeed under Ground 8, the landlord must show:

• that the tenant owed at least:
  • three months’ rent if rent is paid monthly, or
  • thirteen weeks’ rent if paid weekly or fortnightly,
• both when the notice was served and at the court hearing.
• If this is proven, the court must grant possession.

• Ground 10 – Discretionary Ground
  • This applies where rent was unpaid when the notice was served and is still unpaid when court proceedings begin.
• Ground 11 – Discretionary Ground
  • This applies where the tenant regularly pays rent late, even if there are no arrears at the hearing date.

Notice Period

The notice period for rent arrears grounds is four weeks.

Landlord or Family Member Moving In (Ground 1)

A landlord can recover possession if they, their spouse, civil partner, or close family member want to live in the property. Close family members include:

• parents and grandparents,
• children and grandchildren,
• siblings and half-siblings,
• a partner living with the landlord as if married or in a civil partnership,
• children or grandchildren of the landlord’s partner.

Notice Period

The landlord must give at least four months’ notice.

Re-Letting Restriction

If possession is recovered using this ground, the property cannot usually be re-let for 12 months. This restriction starts either:

• from the date in the notice if no court claim is issued, or
• from the date court proceedings begin.

Sale of the Property (Ground 1A)

A landlord can also recover possession if they want to sell the property or grant a lease longer than 21 years. However, the tenancy must have been running for at least one year before notice is served.

Notice Period

The minimum notice period is four months.

Re-Letting Restriction

As with Ground 1, the landlord cannot normally re-let the property for 12 months after using this ground.

Redevelopment of the Property (Ground 6)

A landlord may recover possession if major redevelopment works are planned and the work cannot reasonably be carried out while the tenant remains in the property.

Requirements

The tenancy must have been in place for at least six months.

Notice Period

The landlord must give four months’ notice.

Breach of Tenancy or Property Damage (Grounds 12, 13 and 15)

These grounds relate to:

• breaches of the tenancy agreement other than rent arrears (Ground 12),
• damage or poor condition of the property caused by the tenant (Ground 13),
• damage to furniture provided with the tenancy (Ground 15).

These are discretionary grounds, meaning the court will decide whether possession is reasonable.

Usually, the breach or damage must be serious or ongoing.

Notice Period

The notice period for these grounds is two weeks.

What Happens if the Tenant Does Not Leave?

If the tenant does not leave by the date stated in the notice, the landlord must apply to the court for a possession order. The court will arrange a hearing and decide whether the landlord has proved the ground for possession. Before the court grants possession, landlords must usually also show they have complied with rules relating to:

• tenancy deposits, and
• the Private Rented Sector database (The database is not expected to be fully introduced until late 2026).

Possession Orders

If the court grants possession under a mandatory ground, the tenant will usually have to leave within two weeks of the hearing. If leaving within two weeks would cause exceptional hardship, the court can extend this to a maximum of six weeks. For discretionary grounds, the court has more flexibility. For example, it may suspend possession if the tenant agrees to:

• pay ongoing rent, and
• make regular payments towards arrears.

Enforcement by Bailiffs

If the tenant still does not leave after a possession order is made, the landlord must return to court to enforce the order. Enforcement is usually carried out by County Court bailiffs. In some cases, permission may be granted to transfer enforcement to the High Court, which is often faster but significantly more expensive.

We’re here to help

At HCB Solicitors we are specialists in assisting landlords in recovering possession of their properties from tenants. If you would like to discuss how we can help you, please contact us.