Landlords must adapt to new rules

In 2025, the Ministry of Justice reported that 28,598 accelerated possession claims were lodged, a process that relied entirely on Section 21, which has now been abolished under the Renters’ Rights Act 2025. With the new regulations coming into effect from 1 May 2026, experts are advising landlords to quickly adapt to the significant changes.

Clifton Ingram, specialists in landlord and tenant disputes, have analysed the possession statistics in light of this new legislation. The accelerated possession route that many landlords utilised for swift possession was straightforward and often allowed them to bypass court appearances because it only required a valid Section 21 notice. Many found it to be the path of least resistance in seeking possession of rental properties.

Now, however, that pathway is no longer an option. With the abolition of Section 21, landlords must now navigate a different set of statutory grounds if they wish to regain possession of their properties. These grounds include serious rent arrears, anti-social behaviour, intentions to sell the property, or the need for a landlord or a close family member to move in. The process now requires landlords to serve a Section 8 notice, clearly cite the relevant grounds, and typically prepare to substantiate their claims in court.

David Goddard, Joint Head of Dispute Resolution and Litigation at Clifton Ingram, remarked that “the accelerated possession figures show how much of the market relied on a process that no longer exists. Landlords must now understand what has replaced it.” He explained that under the new framework, the possession grounds have either become mandatory, obliging the court to grant possession when the ground is established, or discretionary, giving the court the leeway to decide if it's reasonable to grant it. This distinction could significantly influence the predictability of outcomes for landlords.

Goddard elaborated that “the mandatory grounds most relevant to private landlords cover situations such as wanting to sell the property, wanting to move in themselves or a close family member, or serious rent arrears.” He cautioned that for rent arrears cases, the threshold is higher than many landlords realise; the debt must be substantial and persist at the time of the hearing, not merely when the notice was initially served. Discretionary grounds offer courts more flexibility, leading to less certain outcomes for landlords.

Landlords are urged to monitor the process thoroughly. They must serve a Section 8 notice correctly, ensuring they cite the right ground and adhere to the appropriate notice period, all while being ready to appear in court if the situation demands. “Landlords who serve notices incorrectly may find their notice is invalid and have to start again,” cautioned Goddard. He recommends seeking legal advice before serving any notice to avoid complications later.

On the tenant side, the changes brought about by the Renters’ Rights Act are equally transformative. The indefinite “no-fault eviction” policy that saw many tenants fearful to voice concerns over property issues due to fear of a Section 21 notice is no longer valid. With the removal of this route, tenants enjoy greater security, as landlords can no longer ask them to vacate without a legitimate reason.

The Act has also restructured the framework of private tenancies by replacing assured shorthold tenancies with assured periodic tenancies. This change allows tenancies to progress indefinitely, as they no longer terminate on a predetermined date, freeing tenants from the obligation to vacate simply because a rental term has ended. Additional tenant protections have been introduced, including a ban on rental bidding, limits on rent increases to once a year through a specified process, and rights regarding advance rent and pet requests.

David Goddard added that “tenants now have stronger protections than they did before May 2026. A landlord cannot serve notice simply to replace a tenant or reset rent at a higher level. There must be a lawful ground.” For tenants, this transformation marks a significant move towards improving their ability to raise issues without fear of eviction.

Clifton Ingram is encouraging both landlords and tenants to properly familiarise themselves with the new legislative landscape. Landlords are advised to review their tenancy documentation, possession procedures, and property management strategies due to the potential vulnerabilities posed by outdated practices focused on Section 21.

Goddard concluded, “the private rental sector has entered a new legal era, and the data reinforces just how significant that shift is.” He highlighted that landlords who adjust promptly and seek necessary advice will be better positioned compared to those holding onto outdated beliefs. Understanding and exercising rights will be a crucial first step for tenants in navigating this new landscape.