The Renters’ Rights Act 2025 (RRA) introduces significant changes to the way landlords regain possession of rental property in England.
With the removal of Section 21, landlords must now rely on Section 8 grounds under the Housing Act 1988, as amended by the Act.
While the process is more structured, landlords can still regain possession — provided the correct grounds and procedures are followed.
This post sets out the new roles on gaining possession of your rental property, and how we will guide and support you through the process as your managing letting agents.
What Has Changed Under the Renters’ Rights Act?
Under the RRA:
- Assured shorthold tenancies move to periodic assured tenancies
- Section 21 “no-fault” evictions are abolished
- Landlords must use Section 8 grounds
- Courts place greater emphasis on compliance and evidence
These changes mean careful preparation matters more than ever.
We help landlords understand their options before any action is taken.
Section 8 Grounds for Possession After the RRA
There are two types of grounds:
- Mandatory grounds – If proven, the court must grant possession.
- Discretionary grounds – The court decides whether it is reasonable to do so.
The tables below provide a summary of the grounds which we expect will be most commonly relied upon by our landlords with properties in the South Cotswold area.
Mandatory Grounds
| Ground | Reason | Typical Notice Period |
|---|---|---|
| 1 | Moving in – landlord or close family intend to live in the property as their only or principal home (Notice can only be served after 8 months from the start of the tenancy) |
4 months |
| 1A | Selling up – landlord intends to sell the property (Notice can only be served after 8 months from the start of the tenancy) |
4 months |
| 2 | Mortgage lender repossession | 4 months |
| 6 | Substantial redevelopment – works which cannot be done with the tenants in place | 4 months |
| 7 | Tenant deceased | 2 months |
| 7A | Serious anti-social behaviour | No notice |
| 8 | Rent arrears – 3 months’ rent unpaid | 4 weeks |
Discretionary Grounds
| Ground | Reason | Typical Notice Period |
|---|---|---|
| 10 | Some rent arrears | 4 weeks |
| 11 | Persistent late payment | 4 weeks |
| 12 | Breach of tenancy agreement – any obligation of the tenancy (other than relating to payment of rent) has been broken or not performed | 2 weeks |
| 13 | Deterioration of the property – by the tenant, a member of the tenant’s family or someone else living there | 2 weeks |
| 14 | Nuisance or anti-social behaviour | No notice period |
| 15 | Deterioration of furniture – as per 13, but the damage is caused by ill-treatment of the furniture | 2 weeks |
| 17 | False statement – tenancy induced by false statement by the tenant | 2 weeks |
Common Reasons Landlords Seek Possession
Selling Your Property
Ground 1A allows you to recover possession if you genuinely intend to sell. However, there are timing restrictions and re-letting limitations to consider.
We can review your tenancy position, confirm eligibility, and help you plan realistic timelines alongside your sales strategy.
Moving Back Into the Property
Ground 1 applies where you or a close family member intends to occupy the property.
We support you by ensuring notices are served correctly and at the appropriate time, reducing the risk of delays.
Rent Arrears
Ground 8 remains a key mandatory ground when arrears reach the required threshold.
We manage arrears proactively, keep clear payment records, communicate with tenants appropriately, and ensure any notices issued meet legal requirements. If escalation becomes necessary, we coordinate with specialist legal advisors on your behalf.
Anti-Social Behaviour
Grounds 7A and 14 cover serious anti-social behaviour.
These situations require sensitive and evidence-based handling. We assist with documentation, communication, and liaison with relevant authorities where appropriate.
Why Compliance Is So Important
Under the new regime, courts expect landlords to demonstrate full compliance. Issues such as deposit protection, prescribed information, and statutory documentation can affect possession claims.
Before any notice is served, we review:
- Deposit registration
- Required safety certification
- Tenancy documentation
- Notice eligibility
- Correct notice periods
This careful preparation helps minimise avoidable complications.
How We Support Our Landlord Clients
Our role is not simply to serve notice — it is to help you make informed decisions.
We provide:
- Clear explanation of available grounds
- Assessment of the most suitable route
- Preparation and service of compliant documentation
- Ongoing communication with your tenant
- Coordination with solicitors if court proceedings are required
- Regular updates so you understand each stage
We aim to protect your investment while maintaining professionalism and fairness throughout the process.
Final Thoughts
The Renters’ Rights Act 2025 introduces a more structured possession process. Although Section 21 is ending, landlords retain clear legal routes to recover their property when necessary.
Understanding the correct ground, timing and compliance requirements is key.
If you would like to discuss your specific circumstances, we are here to provide guidance and practical support tailored to your property and tenancy.
Our Guide for Landlords provides more information on the Renters’ Rights Act and the support we provide to help our landlords remain fully compliant.
More detailed information is also available from the Government’s Guide to the Renters’ Rights Act.
