Section 21 Abolished: Understanding The New Possession Grounds

The abolition of Section 21 is the change within the Renters’ Rights Act 2025 that has attracted the most attention, and understandably so. For more than three decades, the no-fault eviction route gave landlords a relatively straightforward mechanism for regaining possession of their property.

Since the abolition of Section 21, one concern has come up repeatedly:

“Can landlords still regain possession when there is a genuine need to do so?”

The short answer is yes. Landlords still have routes to possession, but those routes now sit within an expanded Section 8 framework and require a recognised legal ground supported by evidence.

Understanding those grounds is now an important part of managing a rental property successfully.

Why Section 21 was abolished

The government’s position was that Section 21 contributed to tenant insecurity and increased the risk of retaliatory eviction where tenants raised legitimate concerns about property conditions. The intention behind the reforms is to provide tenants with greater long-term security while still allowing landlords to regain possession in situations where there is a clear and lawful basis to do so.

What Section 8 grounds now cover

Section 8 possession grounds fall into two categories: mandatory grounds, where the court must grant possession if the ground is established, and discretionary grounds, where the court weighs up the circumstances before deciding.

• Serious rent arrears
  Where a tenant has built up significant rent arrears and the relevant legal thresholds are met, landlords can seek possession through the courts.
• Selling the property
  Landlords can regain possession if they genuinely intend to sell the property, provided they meet the notice and evidence requirements set out in the legislation.
• Moving into the property themselves
  A possession ground exists where a landlord wishes to occupy the property as their principal home.
• A close family member moving in
  Landlords may also be able to regain possession where a close family member intends to use the property as their main residence, subject to the relevant legal conditions.
• Anti-social behaviour
  Tenants engaging in serious anti-social behaviour, harassment, nuisance, or conduct affecting neighbours may face possession proceedings under the appropriate grounds.
• Criminal use of the property
  Possession may be sought where the property has been used for illegal activities or where criminal behaviour connected to the tenancy has occurred.
• Significant damage to the property
  Where a tenant has caused substantial damage to the property or its contents beyond normal wear and tear, landlords may be able to rely on a possession ground.

For student accommodation, a specific transitional ground, Ground 4A, is available between 1 May and 30 July 2026 to support the academic year cycle. Landlords who need to rely on this ground must serve the relevant notice within that window.

What the process now looks like

Where a landlord needs to rely on a Section 8 ground, the process begins with serving a formal notice on the tenant specifying the ground being relied upon and the date by which possession is required. Notice periods vary depending on the ground being used. For serious cases such as significant rent arrears, shorter notice periods may apply, while grounds related to the sale of the property or owner occupation generally require longer notice periods.

If the tenant does not vacate by the required date, the landlord must make a court application for possession. The court will then assess whether the ground has been established and, in mandatory cases, must grant possession if it has. Accurate documentation, a clear paper trail of communications, and properly served notices remain essential to a successful claim.

What this means for landlords in practice

The key takeaway is simple:

Possession rights have not disappeared.

What has changed is that landlords now need a recognised legal ground and the evidence to support it. Landlords who maintain good records, keep documentation up to date and follow the correct procedures may find the reformed Section 8 framework easier to navigate.

Landlords who have historically relied on the flexibility of Section 21 may need to adapt their processes and documentation procedures under the new framework. Keeping clearer records, maintaining regular communication, and addressing issues promptly are likely to become increasingly important as the new system beds in.

Our lettings team can guide you through the new possession process. Get in touch today.