The Renters' Rights Act 2025 introduces major changes to the way landlords can regain possession of their properties in England. Since Section 21 Notices were abolished on 1 May 2026, private landlords rely solely on Section 8 grounds, which have been strengthened and expanded. 

Section 8 Grounds 

Under the Housing Act 1988, the grounds for possession are listed in Schedule 2 of the Act and 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 by the date given in the notice (with four months’ notice, the notice can be served after the first eight months). 
• Tenants must be given four months' notice. 
• Landlords prohibited from re-letting or remarketing the property for a restricted period.

Landlord or Family Occupation 

• The current tenancy must have lasted at least 12 months by the date given in the notice.
• 4 months’ notice is required. 

Rent Arrears

• The threshold for this ground is now 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 won’t 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: for student tenancies entered into before 1 May 2026, landlords who served a Ground 4A notice between 1 May 2026 and 30 July 2026 needed to give only two months’ notice. Since then, four months’ notice has been required 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 include misuse of possession grounds. Offences relating to the private rented sector database will be added once the database is in force. 

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.