The Renters’ Rights Act 2025 materially changes how landlords can regain possession of their property.
What are the main changes?
Section 21 (“no-fault”) possession has been abolished by the Renters’ Rights Act. Landlords will no longer be able to regain possession just by serving a s21 notice. They must use Section 8 and prove a statutory ground for possession.
Most tenancies become open-ended Assured Periodic Tenancies (ASPs). That means there’s no fixed term “end date” when you can use the old s21 procedure. Possession becomes grounds-based.
How the grounds for possession are tightened by the Renters’ Rights Act
- Selling or moving in –This ground applies where a landlord is selling the property or moving into it. However, it cannot be used in the first 12 months of a new tenancy (known as the “protected period”). It also requires the landlord to give the tenant four months’ notice. Landlords should be aware of the anti-abuse rule that restricts them from marketing or re-letting the property for 12 months after regaining possession under this ground – subject to the limited exception for shared owners where genuine attempts to sell can be shown.
- Rent arrears – The Act increases the mandatory eviction threshold from two months to three months’ rent arrears, and increases the notice period.
- Anti-social behaviour – landlords can begin the process of recovering possession immediately and without a notice period on certain anti-social behaviour grounds.
The ‘compliance gate’
The Act restricts landlords from gaining possession if they haven’t protected the tenant’s deposit properly or haven’t registered on the private rented sector database.
Timing
The key changes come into force from May 2026. The NRLA (the National Residential Landlords Association) is advising landlords that s21 notices can be served up to 30 April 2026, and that court applications on already-served s21 notices can continue until 31 July 2026.
Overview
Regaining possession under the Renters’ Rights Act is less discretionary and more procedural than it was previously. While residential landlords can still recover their property, they’ll need the identify the right ground, have the right evidence in support, and be able to show clean compliance. As a consequence it is going to take longer to regain possession than under the old s21 route, and landlords who fall foul of the provisions of the Act will face harsh financial penalties.
Help for landlords in Devon and Somerset with regaining possession under the Renters’ Rights Act
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