Renters Rights Act 2025 – Evictions after 1 May 2026

The Renters’ Rights Act 2025 (the “Act”) comes into force on 1 May 2026. The Act executes a pledge of many prior Governments to create a more tenant protective legal framework within the private rented sector. This Act has been met with a mixed reaction by Landlords and warrants consideration on their part as it introduces the most prevalent changes to the private rental sector in many decades. Arguably, the most consequential change is the abolition of Section 21 notices.  

Section 21 notices, commonly known as a ‘no fault eviction’ mechanism permitted a private landlord to evict a tenant and apply for possession without any breach of tenancy agreement from the tenant. This mechanism for possession is shortly ending. This article explores the key deadlines for serving and relying on Section 21 notices for possession, the updates the Act brings in to Section 8 grounds for possession within the Housing Act 1998 (“the Housing Act”) and the practical implications of the new Act.  

Key Deadlines from the Act 

As a result of the Act, the deadline for serving a Section 21 notice is by 4.30pm on 30 April 2026, the day before it comes into force. The Section 21 notice must follow all the standard validity procedures under the Deregulation Act 2025.  

If a Section 21 notice is validly served by 30 April 2026, a landlord may still apply to the court for a possession order up to 31 July 2026. This is non extendable. If the landlord does not lodge a court application for possession by this date, a landlord loses the opportunity to seek possession under the Section 21 notice. The same deadlines apply to the ‘old form’ Section 8 Notices. 

Indeed, if a landlord attempts to serve a Section 21 notice on or after 1 May 2026, they risk a fine by the local authority of up to £7,000.  

New Position following the Abolition of Section 21  

On 1 May 2026, following the abolition of no fault eviction under a section 21 notice, a landlord will only be able to recover possession if they serve a section 8 notice relying on the possession grounds specified in Schedule 2 of the Housing Act. The delineation of mandatory and processionary grounds remains following the Act. However, the Act revises and adds new grounds to cover situations such as selling the property, redeveloping the property and moving into the property.  

Significantly, on the abolition of Section 21, there is now no paper only procedure for the court to award possession, and all claims must go through a full hearing. This means that possession grounds require clear evidence to be proven at a Court hearing.  

Updates to the Section 8 Grounds of the Housing Act     

Detailed below is a summary of more significant updates to the grounds for possession under the Housing Act, and the new grounds introduced by the Act.  

Landlords should note that the new Section 8 notice grounds with provisions that require a notice not to expire within a certain period from the start of the tenancy (such as Ground 1 and Ground 1A), continues to be calculated from the original tenancy start date. The Act does not reset the tenancy start date to 1 May 2026 upon entering force. Therefore, a landlord may in theory be able to serve a S.8 Notice on day 1 of the new grounds.  

Mandatory Grounds 

Ground 1 – Landlord or Family Occupation 

This ground has been widened to make it easier for the Landlord or their family to move in.  

• Notice Requirement: 4 months (only to be served after month 8 of the commencement of the tenancy). The expiry date of the notice cannot be in the first 12 months of the current tenancy.  

• Requirements: Evidence is required that there is a genuine intention for landlord or close family to occupy. 

The landlord must not market the property for renting or a licence to occupy (e.g. Airbnb style short term let) for a restricted period of 12 months from the later of the relevant date for possession in the notice, or the date of the claim form to bring proceedings to obtain vacant possession. The penalty for doing this is a fine by the local authority of up to £7,000. 

Ground 1A – Intention to Sell 

This is a new ground introduced by the Act.  

• Notice Requirement: 4 months (served after month 8 after the commencement of the tenancy). The expiry date of the notice cannot be in the first 12 months of the current tenancy.  

• Requirements: Evidence is required that there is a genuine intention to sell. 

The landlord must not market the property for renting or a licence to occupy (e.g. Airbnb style short term let) for a restricted period of 12 months from the later of the relevant date for possession in the notice, or the date of the claim form to bring proceedings to obtain vacant possession. The penalty for doing this is a fine by the local authority of up to £7,000. 

Ground 4A – Student HMOs 

This is a new ground introduced by the Act and is designed specifically for student only HMOs.  

• Notice Requirement: 4 months, expiring 1 June and 30 September 2026 (to align with the usual student accommodation turnover periods). 

• Requirements: There must be a HMO which is let to full‑time students. The Landlord must provide the current student tenants with a written statement that they wish to recover possession under Ground 4A and the fact that the tenants met the ‘student test’ at the start of the tenancy. The ‘student test’ essentially means a requirement at a full time course at a prescribed institution.  

For existing tenancies, which were entered into before 1 May 2026, when the Act comes into force, if a landlord has a property with student tenants who met the ‘student test’ when they originally entered the tenancy, the landlord can use Ground 4A if they serve the written statement by 31 May 2026. This provides the landlord with a one month window to preserve their ability to this ground 4A for existing HMOs in the future. 

• Key note: This ground cannot be used if the tenancy was agreed more than 6 months in advance before the student tenants are entitled to move in. 

Ground 6 – Redevelopment 

• Notice Requirement: 4 months (not served within first 6 months of the commencement of the tenancy). 

• Requirements: Redevelopment works cannot reasonably be done with the tenant in occupation. Evidence of the works is required. 

Ground 6B – Enforcement Action 

This is a new Ground introduced by the Act.  

• Notice Requirement: 4 months. 

• Requirements: Possession needed in order to carry out works required by enforcement authorities. 

• Key note: Compensation to tenant may be payable. 

Ground 7 – Death of Tenant 

• Notice Requirement: 2 months. 

• Requirements: Tenancy was passed on by will or intestacy. Occupier does not meet statutory succession criteria. 

Ground 7A – Serious Antisocial Behaviour 

• Notice Requirement: Immediate. 

• Requirements: Evidence of criminal or serious antisocial conduct. 

• Key note: Court cannot make an order until 14 days after notice. 

Ground 8 – Serious Rent Arrears 

• Notice Requirement: This is 4 weeks. 

• Requirements: At least 3 months’ arrears (13 weeks if weekly/fortnightly rent). 

• Key note: the Act amends Ground 8 so that the rent arrears are required to be three months, instead of two months, both at the time of the service of the notice and at any possession hearing. A landlord cannot use this ground if the tenant’s late payment is due to Universal Credit delays.  

Discretionary Grounds 

Ground 10 – Any Rent Arrears 

• Notice Requirement: 4 weeks. 

• Requirements: Any amount of arrears. 

Ground 11 – Persistent Late Payment 

• Notice Requirement: 4 weeks. 

• Requirements: Repeated arrears, even if below Ground 8 threshold. 

Ground 14 – Antisocial Behaviour 

• Notice Requirement: Immediate. 

• Requirements: Evidence of antisocial or serious offending by tenant or associated person. 

• Key note: The Court cannot issue order until 14 days after notice. 

Preparations for the Abolition of Section 21 

It is now prudent for landlords to familiarise themselves with the Section 8 framework and to understand the evidential requirements for each ground under the Housing Act.  

In practical terms, landlords should ensure there are robust systems in place for understanding the financial standing of any new tenants. Under the Act’s updates to the possession grounds under the Housing Act, tenants will be 4 months in arrears before the landlord is permitted to even issue a possession claim. This change, combined with existing delays in the court system, is likely to extend the time required to recover possession where tenants fall into arrears.  

Record‑keeping will become increasingly important. Accurate records of rent payments, communications with tenants, maintenance issues, and any conduct relevant to the statutory grounds will be critical in supporting a possession claim. As detailed, key evidence as to the grounds will be required at a court hearing; there is no mechanism for issues to be reviewed by the court on the papers.  

Discussion 

The government’s general rationale for abolishing Section 21 notices is rooted in the view that the mechanism enabled landlords to evict tenants without giving a reason, which in turn discouraged tenants from reporting substandard housing conditions or contesting rent increases for fear of retaliatory eviction. By removing this route to possession, the Act seeks to provide tenants with greater security and confidence to assert their rights.  

Proponents of the reform welcome the shift towards a more tenant friendly framework, and the greater stability it offers. They argue that the abolition of Section 21 represents a necessary modernisation of housing law, aligning it more closely with the realities of long‑term renting in the UK. However, recent commentary in the sector reflects a degree of apprehension among landlords now that they may not be able to reclaim possession of their properties as readily as before; even when there are rent arrears by the tenant. 

The Act will likely also make landlords more reluctant to let to tenants where they do not have concrete evidence as to their financial. This may well make Landlords more selective and it is widely reported that many landlords are selling which may well deplete the rental market of much needed properties.  

What is also unclear is if the court system is ready to handle the inevitable increase of section 8 possession claims. The system was already at breaking point with the ‘accelerated’ possession route under Section 21.   

At Ronald Fletcher Baker, we frequently provide tailored advice to landlords and tenants as to possession, Section 21 and Section 8 notices. Should you wish to discuss a matter further, please contact b.frost@rfblegal.co.uk & v.goulielmos@rfblegal.co.uk