Not legal advice. This guide provides factual information about the possession grounds in the Renters' Rights Act 2025. It is not legal advice. If you are considering eviction proceedings, consult a solicitor or legal adviser who specialises in landlord and tenant law.
Deadline: 31 May 2026. Before considering eviction, ensure you have provided the required Written Statement of Tenancy Terms. Failure to comply may weaken your position. Penalty: up to £7,000 per tenancy.
Compliance guide
Grounds for EvictionUnder the Renters' Rights Act 2025
Section 21 no-fault evictions have been abolished by the Renters' Rights Act 2025. Landlords who need to regain possession of a property must now use reformed Section 8 grounds, each of which requires a specific reason and a prescribed notice period. This guide explains the key grounds available to landlords.
What Has Changed?
Under the previous system, landlords could end a tenancy using a Section 21 notice without giving any reason. This is no longer possible. The Renters' Rights Act 2025 abolishes Section 21 entirely.
In its place, the Act reforms the Section 8 possession grounds under Schedule 2 of the Housing Act 1988. These grounds now provide the only legal route for landlords to regain possession of a rented property.
The grounds are divided into two categories:
Mandatory grounds — if the ground is proved, the court must grant possession. The court has no discretion.
Discretionary grounds — even if the ground is proved, the court decides whether it is reasonable to grant possession, considering all the circumstances.
Key Mandatory Grounds
If a mandatory ground is proved, the court must grant a possession order. These are the grounds most commonly relevant to private landlords.
Landlord sale
4 months notice
The landlord intends to sell the property. The tenancy must have been in place for at least 12 months before notice can be served.
Landlord or family occupation
4 months notice
The landlord or a close family member intends to live in the property as their only or principal home.
Serious rent arrears
4 weeks notice
The tenant owes at least 3 months' rent at the time the notice is served and at the date of the hearing.
Antisocial behaviour (serious)
2 weeks notice
The tenant or someone in the property has engaged in serious antisocial behaviour, including violence or threats of violence.
Property required for religious worker
2 months notice
The property is held for occupation by a minister of religion and is required for that purpose.
Key Discretionary Grounds
For discretionary grounds, the court considers whether it is reasonable to grant possession. The landlord must prove the ground and persuade the court that possession is justified.
Persistent rent arrears
4 weeks notice
The tenant has repeatedly been in arrears, even if not currently owing 3 months' rent. The court considers the pattern of non-payment.
Breach of tenancy terms
2 weeks notice
The tenant has broken a term of the tenancy agreement (other than rent payment). The court decides whether possession is reasonable.
Property deterioration
2 weeks notice
The condition of the property has deteriorated due to the tenant's neglect or that of a sub-tenant or lodger.
Nuisance or annoyance
2 weeks notice
The tenant has caused nuisance or annoyance to neighbours or used the property for illegal or immoral purposes.
The Eviction Process After Section 21
Without Section 21, the eviction process for all grounds follows the same general procedure. The steps below outline the typical process — but individual circumstances vary, and landlords should seek legal advice before serving any notice.
Step 1: The landlord identifies the applicable Section 8 ground
Step 2: A Section 8 notice is served with the required notice period for that ground
Step 3: If the tenant does not leave, the landlord applies to the court for a possession order
Step 4: At the hearing, the court assesses whether the ground is proved and, for discretionary grounds, whether possession is reasonable
Step 5: If the court grants possession, the tenant must vacate by the date specified
Step 6: If the tenant still does not leave, the landlord may apply for a warrant of possession for bailiff enforcement
The entire process — from serving notice to bailiff enforcement — can take several months. This is why it is important to ensure your compliance obligations (such as the Written Statement) are in order before initiating possession proceedings. Non-compliance may be used by the tenant as a defence.
How Does This Affect Landlords Practically?
The abolition of Section 21 does not mean landlords cannot end tenancies. It means you must have a valid reason. The most common scenarios for private landlords are:
Selling the property — the relevant ground is landlord sale (4 months' notice, tenancy must be at least 12 months old)
Moving in yourself — the relevant ground is landlord occupation (4 months' notice)
Tenant not paying rent — the relevant ground is serious rent arrears (4 weeks' notice, minimum 3 months' arrears)
Antisocial behaviour — the relevant ground is antisocial behaviour (2 weeks' notice for serious cases)
For each of these, the process requires evidence and formal notice. It is advisable to seek legal advice before beginning possession proceedings.
Ensure Your Compliance Is in Order First
Before considering eviction, make sure you have met all your compliance obligations under the Renters' Rights Act 2025. A failure to provide the Written Statement of Tenancy Terms may complicate your position in possession proceedings.
The Written Statement must be provided for all existing tenancies by 31 May 2026. RentCompliant generates a compliant document in under 2 minutes for £15.
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What are the 7 permitted grounds to end a tenancy?
This is a common search query, but it oversimplifies the position. Under the Renters' Rights Act 2025, there are multiple grounds for possession under reformed Section 8 of the Housing Act 1988. These include mandatory grounds (where the court must grant possession if proved) and discretionary grounds (where the court may grant possession). The key mandatory grounds include landlord sale, landlord occupation, rent arrears, and antisocial behaviour. The exact number and scope of grounds is set out in Schedule 2 of the Housing Act 1988 as amended.
Can I still evict a tenant after Section 21 is abolished?
Yes, but only using a valid Section 8 ground. The law requires landlords to have a specific, legally recognised reason — such as intending to sell the property, moving in, or because the tenant has rent arrears or has breached the tenancy terms. A tenancy cannot simply be ended without giving a reason.
How much notice do I need to give to evict a tenant?
Notice periods vary by ground. Some mandatory grounds (such as landlord sale or occupation) require at least 4 months' notice. Rent arrears grounds may require shorter notice depending on the amount owed. Antisocial behaviour may require as little as 2 weeks' notice in serious cases. The specific notice period for each ground is set out in the legislation.
What happens if my tenant does not leave after a Section 8 notice?
If the tenant does not vacate after a valid Section 8 notice, the landlord must apply to the court for a possession order. The court will assess whether the ground has been proved and, for discretionary grounds, whether it is reasonable to grant possession. A tenant cannot be forced to leave without a court order.
Does abolishing Section 21 make it harder to be a landlord?
It changes the process, not the outcome. Landlords who want to sell, move in, or deal with problem tenants still have legal routes to regain possession. What changes is that you must demonstrate a valid reason. The reformed grounds are designed to protect both parties — tenants from arbitrary eviction, and landlords' legitimate need to manage their property.
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Published by RentCompliant — landlord compliance made simple. This page is for informational purposes only and does not constitute legal advice. rentcompliant.co.uk