The private rented sector has entered a new era. The introduction of the Renters’ Rights Act brought to an end one of the most familiar features of residential landlord and tenant law: the Section 21 “no-fault” eviction notice. From 1 May 2026, landlords have no longer been able to serve new Section 21 notices, and 31 July 2026 marks the final deadline for commencing possession proceedings based on notices that have already been served. After that date, Section 21 effectively disappears from the landlord's toolkit.
For many landlords, particularly those with smaller portfolios or accidental landlords renting out a former family home, the change represents a significant shift in how possession of a property can be recovered. The question now is not whether landlords can regain possession of their properties, but how.
For more than three decades, Section 21 provided a relatively straightforward route for landlords wishing to recover possession without having to prove fault on the part of a tenant. Whether a landlord wished to sell, move back into the property, or simply bring a tenancy to an end, Section 21 often provided a practical solution.
That route has now gone. All possession claims must be based upon one or more statutory grounds under Section 8 of the Housing Act 1988, as amended by the Renters’ Rights Act 2025. Landlords must be able to identify the appropriate ground and, in most cases, provide evidence to support it should the matter proceed to court.
While this undoubtedly creates greater security for tenants, it also requires landlords to take a more strategic and proactive approach to tenancy management from the outset.
The good news for landlords is that the ability to recover possession has not disappeared. The law continues to provide a range of grounds which can be relied upon where there is a legitimate reason to bring a tenancy to an end.
One of the most significant changes introduced by the new regime is the creation of a specific ground for landlords wishing to sell their property. This is expected to be particularly important for landlords looking to exit the sector or dispose of underperforming investments. A landlord cannot seek possession where there is a genuine intention to sell, although notice requirements and restrictions apply.
Landlords may also recover possession where:
Some grounds are mandatory, meaning the Court must make a possession order if the requirements are satisfied. Others remain discretionary, giving the Court flexibility depending on the circumstances of the case.
Perhaps the most important lesson for landlords is that forward planning has become essential.
Under the previous regime, some landlords viewed Section 21 as a fallback option if circumstances changed. That safety net no longer exists. Landlords considering a future sale, redevelopment project, or return to the property themselves should now be thinking much earlier about their long-term intentions.
Record keeping is also likely to become increasingly important. Where possession is sought on a specific statutory ground, landlords may need to demonstrate that the ground genuinely applies. Proper documentation, correspondence and evidence may prove crucial if a claim is challenged.
The new regime is therefore likely to place a greater emphasis on compliance and tenancy management than ever before.
Only time will tell how the courts and wider rental market adapt to the changes. Some expect possession claims to become more heavily scrutinised and potentially more contested than previously. Others predict that some landlords may decide to leave the sector altogether, particularly where increasing regulation and compliance obligations have already affected profitability.
For professional landlords who maintain good records and take advice at an early stage, the new framework should remain manageable. However, those unfamiliar with the revised possession grounds may find themselves facing delays, additional costs and uncertainty if matters are not handled correctly from the outset.
The end of Section 21 does not mean the end of a landlord's ability to recover possession of their property. However, the process now requires careful consideration of the available statutory grounds and the evidence needed to support them.
Our Dispute Resolution team are available to advise landlords, letting agents and property investors on the implications of the Renters’ Rights Act 2025 and the options available under the new possession regime.
Please telephone 01892 526344 or email enquiries@berryandlamberts.co.uk for further assistance.
If suitable, we offer an initial one-hour appointment with a solicitor in the Dispute Resolution team for a fixed fee of £250 plus VAT. This provides an opportunity to discuss your circumstances and explore the options available to you on a fixed-cost basis.
The contents of this article are for general awareness only and do not constitute legal advice. Specific legal advice should always be obtained based upon the facts of an individual case.
