Renter’s Right Act - The New Grounds For Possession

New grounds for possession - From 1st May 2026

(Private landlords in England – not social landlords)

From 1 May 2026, Section 21 will be removed and landlords will only be able to regain possession using the new statutory grounds below.

• You must give the correct notice for the ground you rely on.
  If your tenant does not leave, you then apply to the court.

Important - If the tenant’s deposit is not protected correctly, the court cannot make a possession order.

New Possession Grounds From 1 May – What Landlords Really Need To Know

From 1 May, the new possession rules under the Renters’ Rights legislation come into force.

There are almost 24 mandatory possession grounds in total, however in this update I am focusing only on the most common grounds that are most likely to affect private landlords.

(You can view the full list of mandatory grounds using the official government guidance link

Below is a simple summary of the key grounds you should be aware of.

The Most Relevant Mandatory Possession Grounds - Mandatory Grounds Mean The Judge Must Grant Possession (if proven).

Ground 1 – Landlord or close family moving into the property
Notice period: 4 months

You may seek possession if you, or a close family member, genuinely intend to move into the property.

Ground 1A – Sale of the property
Notice period: 4 months

You may seek possession where you intend to sell the property.

Important:
You cannot rely on this ground within the first 12 months of a new tenancy.

Ground 1B – Sale following a Rent to Buy scheme
Notice period: 4 months

This applies where the property was let under a Rent to Buy arrangement and the tenant has chosen not to purchase the property.

As with Ground 1A, this ground cannot be used during the first 12 months of the tenancy.

Ground 2 – Mortgage lender repossession
Notice period: 4 months

This applies where a mortgage lender is seeking possession in order to sell the property.

Ground 6 – Redevelopment or demolition
Notice period: 4 months

You may rely on this ground where the property must be redeveloped or demolished and the tenant cannot remain in occupation while the works take place.

Ground 7B – No right to rent
Notice period: 2 weeks

This ground applies where the tenant does not have a legal right to rent in the UK. Please note you should be conducting Right to Rent Checks before entering into a tenancy.

Note - If you rent to someone who has no right to rent, civil penalties of up to £10,000 per occupant are applicable (for the first breach) £20,000 per occupant for repeat breaches.

Ground 8 – Serious rent arrears
Notice period: 4 weeks

You may seek possession where the tenant is in serious rent arrears (meeting the legal threshold at both the time notice is served and at the court hearing).

Serious rent arrears under the new system are higher:

• at least 3 months’ rent (monthly)

• or 13 weeks’ rent
  both when you serve notice and at the hearing.

If Universal Credit delay is the reason the tenant is in arrears, Ground 8 cannot be used.

Discretionary Grounds - Mean The Judge Decides If Eviction Is Reasonable.

You can find the remaining discretionary possession grounds using the official government guidance link.

A key Point For Landlords Considering Selling

If you intend to rely on a possession ground relating to the sale of the property (Ground 1A or 1B), you cannot apply for possession within the first 12 months of the tenancy.

This is a significant change and one that many landlords are not yet aware of.

Very Important Points For Landlords

These grounds apply only from 1 May 2026. You may rely on more than one ground.