The Renters' Rights Act 2025 introduces major changes to the way landlords can regain possession of their properties in England. Once Section 21 Notices are abolished, landlords will rely solely on Section 8 grounds, which will be strengthened and expanded. 

Current Section 8 Grounds 

Under the Housing Act 1988, there are 17 grounds for possession which are listed in Schedule 2 of the Act, these are divided into Mandatory and Discretionary Grounds. 

Mandatory grounds are specific legal grounds where, If the landlord can prove that the criteria are met, the court is obliged to grant an order for possession. The landlord must provide sufficient evidence to establish that the ground applies, for example serious rent arrears or proven criminal activity by a tenant. 

Discretionary grounds give the court the discretion to decide whether to grant possession, even if the landlord proves the ground is valid. The court will consider all the circumstances of the case and determine whether it is reasonable and proportionate to evict the tenant. 

Key Changes To Section 8 Under The Renters Rights Act

Sale of Property 

• The tenancy must have lasted at least 12 months before the notice is served. 
• Tenants must be given four months' notice. 
• Landlords prohibited from re-letting or remarketing the property for a restricted period.

Landlord or Family Occupation 

• Notice can only be served after the first 12 months of the current tenancy.
• 4 months’ notice is required. 

Rent Arrears

• Threshold for this ground will increase to 3 months (or 13 weeks) of arrears both at the time the notice is served and at the court hearing. 
• Tenants must be given 4 weeks’ notice. 
• The court will retain discretion where arrears fall below the threshold at the hearing.  
• Rent arrears on the basis of  Universal Credit payment delay wont count.  

Student HMOs

• Landlords must meet the HMO and Student Test before using this ground.
• 4 months’ Notice required
•  Advance notice before the tenancy begins that possession would be sought at the end of the academic year.  

Please note: the government has confirmed that landlords of student HMOs will be permitted to give a two month notice period after the Act is introduced on 1st May 2026. That means any student tenancies entered into before 1st May 2026, landlords will be allowed to serve two months' notice when using ground 4A between 1st May 2026  - 31st July 2026 only.  After this date landlords will be required to give four months' notice for ground 4A. 

New grounds for Specific Situations

• Superior lease termination where headlease or superior tenancy ends
• Enforcement action against a landlord. Applicable where continuing the tenancy would be unlawful (e.g. banning orders, HMO licence breaches)
• Employment linked tenancies (covering key workers and agricultural workers)

Sanctions For Unlawful Eviction And Harassment 

The Act strengthens enforcement:

• Local authorities can issue fines of up to £40,000 for unlawful eviction and harassment of an occupier under The Protection from Eviction Act 1977. 
• Rent Repayment Orders are extended allowing tenants and local authorities to reclaim up to 24 months rent where landlords commit specific offences – which will include misuse of possession grounds and failure to comply with the private database obligations. 

How Can Landlords Prepare 

Property offers a comprehensive collection of resources, including step-by-step guidance on the different routes to gain possession of your property. Additionally, there are a range of professionally drafted templates, forms, documents, and letters to help you terminate tenancies including Eviction Notice Template and Using Section 8 to Evict an Assured Shorthold Tenant. The content team are reviewing the suite of templates available and these will be updated in readiness of the upcoming changes.