How Landlords Get Possession in England Under the Renters' Rights Act 2025
Updated October 2026. On 1 May 2026, the main tenancy reforms in the Renters' Rights Act 2025 came into force for private landlords in England. Every private tenancy is now an assured periodic tenancy, and a landlord can only seek possession on a legal ground. Here's how possession works now, what happened to notices served under the old rules, and what it means for tenants.
What Changed on 1 May 2026?
- Possession needs a legal ground
Landlords must serve a Section 8 notice (Form 3A) on one or more grounds in Schedule 2 to the Housing Act 1988 and, if the tenant doesn't leave, get a court order. - Tenancies became periodic
Existing private tenancies converted automatically to assured periodic tenancies. Fixed terms no longer have any effect. - Tenants can leave with two months' notice
Tenants are no longer locked into a fixed term.
What Happened to Notices Served Before 1 May 2026?
Possession notices served under the old rules before 1 May 2026 could only be relied on if the landlord started court proceedings in time, by 31 July 2026 at the latest. If no claim was made in time, the notice lapsed. A landlord who still wants possession must now serve a new Form 3A notice.
How Can Landlords Get Their Property Back Now?
The Renters' Rights Act strengthened several grounds for possession, so landlords still have routes to recover a property for good reasons:
- Moving in or selling
Grounds 1 and 1A, with four months' notice. These can't be used to get possession in the first 12 months of the tenancy. - Rent arrears
Ground 8 applies where at least three months' rent is owed, with four weeks' notice. - Anti-social behaviour
Proceedings can start immediately after notice is served under Grounds 7A and 14. - Breach of tenancy
Ground 12, with two weeks' notice.
What Does It Mean for Tenants?
Tenants have more security. They can't be asked to leave without a legal reason, and their rent can only go up once a year using the Section 13 process. They can still choose to end the tenancy by giving at least two months' notice.
Does This Apply in Wales and Scotland?
No. Scotland has used the open-ended private residential tenancy for new private lets since December 2017. Wales moved to occupation contracts in December 2022 and has its own notice rules. Social housing in England is on a separate timetable.
Possession FAQs
Can a landlord in England end a tenancy without a reason?
No. Since 1 May 2026, private landlords in England need a legal ground, and must serve a Section 8 notice on Form 3A.
A notice was served under the old rules before May 2026. Is it still valid?
Only if court proceedings were started in time (by 31 July 2026 at the latest). Otherwise the notice has lapsed.
What should landlords do now?
Make sure your tenancy agreements are up to date, give tenants the required written information, protect deposits properly, and use Section 8 if you need possession.