One of the biggest changes introduced by the Renters' Rights Act 2025 is the abolition of Section 21. For more than 30 years, Section 21 allowed landlords to regain possession of their property without having to provide a specific reason. From 1 May 2026, this route is no longer available. However, this does not mean landlords have lost their right to regain possession of their property. Instead, possession must now be sought using the reformed Section 8 grounds, which have been expanded to provide landlords with clear and lawful reasons for seeking possession when necessary.
Understanding these changes is now more important than ever.
Why Was Section 21 Abolished?
The Government's view was that Section 21 contributed to tenant insecurity and, in some cases, discouraged tenants from raising concerns about property conditions for fear of losing their home. The aim of the reforms is to provide tenants with greater stability while ensuring landlords still have appropriate routes to regain possession when there is a genuine reason to do so.
What Do the New Section 8 Grounds Cover?
The Section 8 grounds fall into two categories:
• Mandatory grounds – where the court must grant possession if the ground is proven
• Discretionary grounds – where the court considers all of the circumstances before making a decision
The most common mandatory grounds for landlords include:
• Serious rent arrears, where the tenant owes at least three months' rent and the arrears remain at that level throughout the process
• The landlord intends to sell the property
• The landlord or a close family member needs to move into the property as their principal home
There are also grounds covering:
• Anti-social behaviour
• Criminal activity at the property
• Significant damage to the property or its contents
Depending on the circumstances, some of these grounds are mandatory and others are discretionary.
For student accommodation, there is also a transitional ground available between 1 May and 30 July 2026 to support the academic year cycle.
What Does the Process Look Like Now?
Where a landlord wishes to regain possession under Section 8, the process begins by serving a formal notice on the tenant. The notice must clearly state:
• Which possession ground is being relied upon
• The date by which possession is required
Notice periods vary depending on the reason for seeking possession. Serious rent arrears may allow for shorter notice periods, while selling the property or moving back in will generally require longer notice periods. If the tenant does not leave by the specified date, the landlord will need to apply to the court for possession. The court will then consider the evidence and decide whether the relevant grounds have been established. This means that accurate records, correctly served notices and a clear paper trail are now more important than ever.
What Does This Mean for Landlords in Practice?
The removal of Section 21 is not the removal of landlords' rights. Instead, it places greater emphasis on having a valid reason for seeking possession and being able to evidence it properly. For landlords, good record-keeping is likely to become increasingly important. This includes:
• Maintaining accurate rent accounts
• Keeping records of communications with tenants
• Documenting any tenancy issues promptly and clearly
• Ensuring notices are served correctly and within the required timescales
Landlords who have previously relied on the flexibility of Section 21 may need to adapt their processes, but the reformed Section 8 grounds still provide workable routes to possession where there is a legitimate need.
At Richard Kendall Estate Agent, we understand that the recent legislative changes can feel overwhelming. Our lettings team continues to support landlords across Wakefield, Pontefract and West Yorkshire, helping them navigate the new regulations and ensuring they remain fully informed and compliant in an ever-changing rental market.
Our lettings team can guide you through the new possession process. Get in touch today.
