Residential Possession Proceedings – Section 21 Accelerated Procedure

Regaining Possession - Updated for the Renters Rights Act 

Prior to the Renters Rights Act there were two main ways in which a landlord in England could serve notice on a tenant to inform them of their intention to regain possession of the property. 

Landlords could issue a Section 21 Notice when the fixed term had expired (or was due to expire) and give the tenant at least two months' notice. If the tenant did not vacate by the expiry of the notice,  the landlord could apply for possession using the accelerated possession procedure.  This process was commonly known as "No Fault" eviction, as landlords were not required to prove any wrongdoing by the tenant.

In cases where the tenant had breached the terms of the tenancy, for example failing to pay rent or engaging in anti-social behaviour, landlords would  serve a Section 8 Notice, citing one or more of the specific legal grounds contained in Schedule 2 of The Housing Act 1988, and providing the relevant notice period for those grounds.  If the tenant did not vacate landlords would apply for possession using the standard possession procedure. 

Many landlords had historically relied on the no fault eviction process to regain possession of their rental property.

What's Changed?

The Renters Rights Act brings in major changes to the private rented sector in England, affecting how landlords regain possession of their properties. The Act abolishes Section 21 'No Fault' evictions and removes fixed term tenancy agreements. 

Under the new rules, landlords will only be able to regain possession using strengthened Section 8 grounds. This means that landlords must follow the correct Section 8 notice procedures and meet all legal requirements before seeking possession through the courts. 

We will continue to review and update our landlord possession templates, notices, and court documents to ensure they remain fully compliant with the Renters Rights Act. 

Key Changes Under the Act

For Landlords in England:

• Section 21 notices will no longer be valid for regaining possession of an AST
• Landlords must now use section 8 notices, which will include strengthened grounds for possession such as the landlord wanting to sell, occupy, specific grounds for student HMOs etc.
• All tenancies will be periodic from the outset, meaning fixed-term contracts will no longer be permitted. 
• More stringent rules concerning property safety will be introduces, including a phased implementation of Awaabs law and the Decent Homes Standard. It will also become mandatory for landlords to  register with a Landlord Database, and a Property Ombudsman will be introduced to the sector. 

Next Steps for Landlords

Please refer to the Section 8 Tenancy Termination Templates to understand the section 8 process as this will be the only way for landlords to regain possession under the new law. 

These templates are suitable for use in England only.  If you are a landlord in Wales please see Renting Homes Wales. 

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