The Renters’ Rights Act 2025 (RRA 2025) came into force on 1 May 2026 and has been keeping practitioners particularly busy. From 1 May 2026, existing Assured Shorthold Tenancies (ASTs) automatically converted into Assured Monthly Periodic Tenancies (AMPTs), and most new residential tenancies in the private rented sector will be AMPTs going forward.
This has fundamentally changed the renting and possession process in England. Tenancies are now periodic, continuing on a monthly basis rather than for a fixed term, and tenants can give two months’ notice to quit at any time.
Whilst the Section 21 “no fault” regime has been abolished, the existing Section 8 procedure remains available to landlords with some amendments and additional grounds for possession. In every case, landlords must now prove a ground of possession following service of a Section 8 Notice in the new prescribed form (Form 3A).
Section 8 Possession Process
Unlike the Section 21 procedure, Section 8 requires landlords to prove one or more statutory grounds for possession.
Additional duties have been created by the RRA 2025. Landlords cannot serve a Section 8 Notice or rely on a ground for possession unless they reasonably believe they will be able to obtain possession on that ground. It is now an offence where a landlord knows, or is reckless as to whether, possession could be obtained on the relevant grounds.
The possession process is now as follows:
- Serve a valid Section 8 Notice on the tenant stating the ground(s) for possession in the new prescribed form. Evidence of service should be retained in the usual way. Leaving the notice at the property is recommended, followed by the preparation of a witness statement of service.
- Some of the notice periods have been amended so that between 2 weeks and 4 months’ notice must be given depending on the ground relied upon. If more than one ground is relied upon, the longest applicable notice period determines the amount of notice that must be given.
- Issue possession proceedings in the County Court by filing Claim Form (N5) and Particulars of Claim (Form N119), if the tenant does not vacate (or remedy the breach) by the expiry of the notice period. The accelerated possession route is no longer available because this only applied to Section 21, so a possession hearing will be required in all cases.
- If a possession order is made and the tenant fails to vacate, request a warrant of possession (or apply to transfer the order for enforcement under a writ of possession in the High Court if circumstances permit) and obtain an appointment for court bailiffs to enforce the possession order.
The length of this process will differ depending on: (i) the relevant notice period; (ii) whether the claim is defended, (iii) court capacity to list a possession hearing; and (iv) any delays with enforcement via the court bailiffs. The average period is around 12 months, but this may increase due to a potential rush on claims based on Section 21 Notices before they became time-barred. The last date for issuing proceedings following a Section 21 Notice was 31 July 2026.
Key grounds of possession:
New Mandatory Ground 1A: sale (Notice period: at least 4 months)
This ground is available where the landlord intends to sell the property. At least 12 months of the tenancy must have elapsed before the notice expires (known as the “protected period”).
This ground cannot be used where the tenant had an assured tenancy (rather than an AST) before 1 May 2026.
This is likely to require witness evidence of the landlord’s intention and evidence that the property is actively being marketed for sale.
If a possession order is obtained on this ground, the landlord cannot market or re-let the property for the protected period (at least 12 months) from the service of the Section 8 Notice or the issue of possession proceedings.
Amended Mandatory Ground 6: redevelopment (Notice period: at least 4 months)
This ground cannot be relied upon in the first six months of the tenancy but is available where a landlord meets “the general redevelopment conditions”. Broadly, this requires the landlord to establish that they intend to carry out substantial works on the property (or any building of which it forms part) which cannot reasonably be carried out without the tenant vacating.
Although the redevelopment ground was available to landlords before the RRA 2025, there is limited case law because many landlords opted for the Section 21 route, where available, instead of proving the redevelopment ground.
Case law will develop, but as the wording of this ground is similar to ground 30(1)(f) of the Landlord and Tenant Act 1954, it is anticipated that much of the case law around ground (f) is likely to apply to ground 6.
Amended Mandatory Ground 8: rent arrears (Notice period: at least 4 weeks)
This ground is available where the tenant owes at least three months’ rent, both at the date of service of the Section 8 Notice and at the date of the possession hearing. This threshold has been increased from the previous requirement of at least two months’ arrears.
Discretionary grounds 10 (some rent due) and 11 (persistent arrears) that are often used in conjunction with ground 8 remain unchanged. Witness evidence will be required confirming the amount of the arrears and exhibiting a statement of account.
Grounds 7A and 14: severe antisocial or criminal behaviour and nuisance (Notice period: none)
Grounds 7A and 14 remain unchanged but the court must now have regard to additional factors.
Ground 7A is a mandatory ground and ground 14 is a discretionary one. Both of these grounds enable possession proceedings to be issued straight after service of a Section 8 Notice.
These grounds will require sufficient witness evidence. More weight is likely to be attached to evidence given directly by the person suffering the nuisance rather than a property manager exhibiting redacted complaint emails. However, the required or available evidence will vary from case to case.
Common Pitfalls
Many of the existing hurdles to obtaining possession are unchanged, but there are some potential further compliance requirements on the horizon.
Common existing issues that arise include:
- Invalid notices – for example: the Section 8 Notice is not in the prescribed form, the incorrect notice period is given or the notice is not served correctly.
- Deposit protection – the tenancy deposit regime continues and there is a direct link between compliance with the tenancy deposit scheme requirements and obtaining an order for possession.
- Potential defences/counterclaims – common defences are breaches of licensing or deposit protection requirements, and disrepair.
Further requirements:
A Private Rented Sector Database is due to be introduced at the end of 2026 containing entries of residential landlords and residential properties which are let, details of rogue landlords, and safety information including gas safety, electrical safety and EPC information. This could potentially bring in some of the additional compliance requirements that were necessary under the Section 21 regime. An active listing will be needed for landlords to market or let properties and to obtain an order for possession, except on grounds 7A or 14. Local authorities will also have the power to impose financial penalties for non-compliance. In addition, Rent Repayment Orders (“RROs”) can be made for more offences. These include knowingly or recklessly misusing a ground for possession and/or the provision of false or misleading information in respect of the database. RROs can be made for a 24-month period rather than the current 12-month period, but tenants must apply within two years of the date of the last offence/tenancy.
Top 5 key reminders following the RRA 2025:
- It is no longer necessary for landlords to serve the “How to rent: the checklist for renting in England” guide as this has been removed under the legislation;
- Use the new prescribed form Section 8 Notice seeking possession;
- Note the new and updated mandatory and discretionary grounds for possession;
- Become familiar with the new notice periods; and
- Request evidence from landlords to ensure that the relevant ground can be established and a witness statement prepared.
Whether acting for landlords or tenants, it is important to understand the changes that have been introduced by the RRA 2025, as these changes could mean the difference between obtaining a possession order or successfully defeating a claim for possession.
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