Section 21 abolished: Understanding the new possession grounds
The abolition of Section 21 is the change within the Renters' Rights Act 2025 that has attracted the most attention, and understandably so.
For more than three decades, the no-fault eviction route gave landlords a relatively straightforward mechanism for regaining possession of their property. From 1 May 2026, that mechanism no longer exists. What replaces it is a set of defined grounds under Section 8 of the Housing Act 1988, reformed and expanded as part of the Act to ensure landlords continue to have workable routes to possession where there is a legitimate reason to require it.
Understanding those grounds clearly is now one of the most important things any landlord can do.
Why Section 21 was abolished
The government’s position was that Section 21 contributed to tenant insecurity and increased the risk of retaliatory eviction where tenants raised legitimate concerns about property conditions. The intention behind the reforms is to provide tenants with greater long-term security while still allowing landlords to regain possession in situations where there is a clear and lawful basis to do so.
What Section 8 grounds now cover
Section 8 possession grounds fall into two categories: mandatory grounds, where the court must grant possession if the ground is established, and discretionary grounds, where the court weighs up the circumstances before deciding.
The mandatory grounds most relevant to residential landlords include serious rent arrears, where a tenant owes at least two months’ rent and that arrears level has been maintained both when the notice is served and at the point of the court hearing. They also include the landlord’s intention to sell the property, which now carries specific requirements around evidence and notice periods. A further mandatory ground covers the need for the landlord or a close family member to occupy the property as their principal home, again subject to defined notice requirements and restrictions on reletting after possession is granted.
Anti-social behaviour, use of the property for criminal purposes, and significant damage to the property or its contents are also covered, with different grounds carrying either mandatory or discretionary status depending on the circumstances and evidence presented.
For student accommodation, a specific transitional ground, Ground 4A, is available between 1 May and 30 July 2026 to support the academic year cycle. Landlords who need to rely on this ground must serve the relevant notice within that window.
What the process now looks like
Where a landlord needs to rely on a Section 8 ground, the process begins with serving a formal notice on the tenant specifying the ground being relied upon and the date by which possession is required. Notice periods vary depending on the ground being used. For serious cases such as significant rent arrears, shorter notice periods may apply, while grounds related to the sale of the property or owner occupation generally require longer notice periods.
If the tenant does not vacate by the required date, the landlord must make a court application for possession. The court will then assess whether the ground has been established and, in mandatory cases, must grant possession if it has. Accurate documentation, a clear paper trail of communications, and properly served notices remain essential to a successful claim.
What this means for landlords in practice
The shift to Section 8 is not the removal of possession rights. It is the requirement to have a reason and to evidence it. Landlords who maintain good records, keep rent accounts up to date, document any issues with tenants clearly, and act through properly served notices are likely to find that the reformed Section 8 grounds provide a workable framework for managing possession where necessary.
Landlords who have historically relied on the flexibility of Section 21 may need to adapt their processes and documentation procedures under the new framework. Keeping clearer records, maintaining regular communication, and addressing issues promptly are likely to become increasingly important as the new system beds in.
Our lettings team can guide you through the new possession process. Get in touch today.
This article was originally published by BriefYourMarket and is reproduced here with their permission.
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