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How the Renters’ Rights Act Changes Possession Claims for Landlords

Tej Chowdhary, Solicitor at Ranjay Solicitors
11 March 2026 by
How the Renters’ Rights Act Changes Possession Claims for Landlords
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The Renters’ Rights Act 2025 introduces significant reforms to the private rented sector in England and fundamentally changes the legal framework governing possession claims by landlords.

One of the most significant changes is the abolition of assured shorthold tenancies (ASTs) and the removal of the “no-fault” eviction procedure under section 21 of the Housing Act 1988.

Once the reforms come into force, landlords will no longer be able to recover possession simply by serving a section 21 notice. Instead, landlords seeking possession will need to rely on specific statutory grounds for possession and follow the procedures set out in the Housing Act 1988 as amended by the Renters’ Rights Act 2025.

The End of Section 21 “No-Fault” Evictions

Under the previous legal framework, landlords of assured shorthold tenancies could often recover possession without establishing a specific ground for eviction, provided the statutory requirements for a section 21 notice were satisfied.

The Renters’ Rights Act removes this route to possession. As a result, landlords will no longer be able to recover possession on a “no-fault” basis.

Instead, possession claims must now rely on the statutory grounds for possession set out in Schedule 2 to the Housing Act 1988, as amended by the new legislation.

The New Tenancy Structure

The legislation also reforms the structure of residential tenancies.

Assured shorthold tenancies and fixed-term assured tenancies will be replaced by periodic assured tenancies, generally operating on a rolling basis with rent periods not exceeding one month.

This means tenancies will no longer simply end at the expiry of a fixed term. Instead, possession must be sought in accordance with the statutory grounds and procedures introduced by the new framework.

Grounds for Possession

Landlords seeking possession will now need to rely on the revised grounds for possession in Schedule 2 to the Housing Act 1988.

These grounds include circumstances such as:

  • Serious rent arrears
  • Anti-social behaviour
  • Breach of tenancy obligations
  • Situations where the landlord intends to sell the property
  • Situations where the landlord or a close family member intends to occupy the property

Some possession grounds are mandatory, meaning the court must grant possession if the statutory requirements are satisfied. Others are discretionary, allowing the court to consider whether it is reasonable in the circumstances to grant possession.

The legislation also introduces restrictions on the use of certain possession grounds during the early stages of a tenancy, meaning landlords may not be able to rely on some grounds within the first year of the tenancy.

Procedural Requirements

Where a landlord seeks possession under the new regime, the landlord will generally need to:

  1. Serve a section 8 notice specifying the ground or grounds relied upon.
  2. Comply with the relevant statutory notice period.
  3. Issue possession proceedings in the County Court.
  4. Establish the relevant ground for possession at a court hearing.

Failure to comply with the statutory procedures may delay possession proceedings or result in the claim being dismissed.

Additional Landlord Compliance Requirements

The Renters’ Rights Act also introduces new compliance obligations for landlords. For example, landlords must provide tenants with a written statement of the terms of the tenancy before the tenancy begins, setting out key rights and obligations under the agreement.

Failure to comply with these requirements may expose landlords to financial penalties or enforcement action, making it important for landlords to ensure that tenancy documentation is prepared correctly.

Practical Implications for Landlords

The Renters’ Rights Act represents a significant shift in the legal framework governing residential tenancies in England.

Although landlords will still be able to seek possession where a valid statutory ground exists, the process is expected to become more structured and more dependent on compliance with the amended statutory framework.

Landlords should therefore ensure that tenancy agreements, documentation and possession procedures are carefully managed to avoid delays or unsuccessful possession claims.

How We Can Help

At Ranjay Solicitors, we advise landlords on:

  • Possession notices and eviction procedures
  • Rent arrears possession claims
  • Residential landlord and tenant disputes
  • Possession proceedings in the County Court

If you are considering possession proceedings or require advice on the changes introduced by the Renters’ Rights Act, our team can provide clear and practical guidance on the appropriate legal route.

Tej Chowdhary, Solicitor at Ranjay Solicitors

(This article is provided for general information only and does not constitute legal advice. For advice tailored to your circumstances, please contact Ranjay Solicitors.)

 

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