The Renters' Rights Act: From Section 21 to 8 Grounds for Possession—A Landlord's Guide to Clarity and Control

The conversation around the Renters' Rights Act has been dominated by fear, particularly the end of Section 21. But this legislative shift should be viewed as a gain in clarity, not a loss of control for landlords.

The introduction of 8 new, clearly defined grounds for possession provides a more robust and defensible framework. These grounds are split into Mandatory (e.g., selling the property, significant rent arrears) and Discretionary (e.g., breach of tenancy, antisocial behaviour), offering specific, enforceable routes where a legitimate need for possession arises.

This move empowers landlords by replacing ambiguity with a clear, legal structure. It's a strategic change that favours preparation and good documentation.

In this comprehensive guide, we'll explore:

•What the Renters' Rights Act means for landlords

•Why the end of Section 21 is actually a positive development

•The 8 new grounds for possession (Mandatory and Discretionary)

•How to prepare for the new framework

•Strategic documentation practices

•Real-world scenarios and how to handle them

Understanding the Renters' Rights Act

What is the Renters' Rights Act?

The Renters' Rights Act is landmark legislation designed to reform the private rental market in England. It introduces significant changes to landlord-tenant relationships, with the most visible change being the removal of Section 21 (no-fault evictions).

Key Changes:

1.End of Section 21 - No-fault evictions are abolished

2.8 New Grounds for Possession - Clearly defined reasons for eviction

3.Mandatory Grounds - Grounds where courts must grant possession

4.Discretionary Grounds - Grounds where courts may grant possession

5.Enhanced Tenant Protections - Greater security for tenants

6.Landlord Accountability - Clearer responsibilities for landlords

Timeline for Implementation

The Renters' Rights Act is being phased in over time:

•Phase 1: Removal of Section 21 (no-fault evictions)

•Phase 2: Introduction of 8 new grounds for possession

•Phase 3: Additional tenant protections and landlord responsibilities

As of February 2026, the exact implementation timeline may vary. Check the UK government website for the most current information.

Why Section 21 Removal is Actually Good News

The Problem with Section 21

Section 21 allowed landlords to evict tenants without providing a reason. This created several problems:

For Tenants:

•Uncertainty and insecurity

•Fear of eviction for any reason

•Vulnerability to retaliatory eviction

•Difficulty planning for the future

For Landlords:

•Ambiguity about legitimate reasons for eviction

•Vulnerability to tenant claims of unfair eviction

•Difficulty defending evictions in court

•Reputational damage from controversial evictions

For the Market:

•Instability and uncertainty

•High tenant turnover

•Reduced incentive for tenants to maintain properties

•Adversarial landlord-tenant relationships

The Shift to Grounds-Based Eviction

The new framework replaces Section 21 with 8 clearly defined grounds for possession. This is actually beneficial for landlords because:

1. Clarity and Certainty

Instead of ambiguous "no-fault" evictions, landlords now have clearly defined grounds. This clarity means:

•You know exactly what constitutes a valid reason for eviction

•You can plan and prepare accordingly

•You can communicate clearly with tenants about expectations

•You can defend your eviction decision in court

2. Legal Defensibility

With clearly defined grounds, your eviction decision is more defensible:

•You can point to specific grounds in the legislation

•You can document your case systematically

•You have a clear legal framework to reference

•You're less vulnerable to tenant challenges

3. Stronger Landlord-Tenant Relationships

Clarity about eviction grounds actually improves relationships:

•Tenants know what's expected

•Tenants understand the consequences of breaching tenancy

•Tenants can plan accordingly

•Fewer surprises and disputes

4. Strategic Advantage

Landlords who prepare and document well have a significant advantage:

•Good documentation supports your case

•Clear communication prevents disputes

•Proactive management prevents problems

•Strategic planning enables better outcomes

5. Professional Reputation

Operating within clear legal grounds builds reputation:

•You're seen as professional and fair

•Tenants are more likely to comply

•You attract better tenants

•You build a reputation for ethical management

The 8 New Grounds for Possession

Overview of the 8 Grounds

The new framework introduces 8 grounds for possession, split into two categories:

Mandatory Grounds (4): Courts must grant possession if the ground is proven

Discretionary Grounds (4): Courts may grant possession if the ground is proven and it's reasonable to do so

Mandatory Grounds for Possession

Mandatory Ground 1: Landlord's Own Use (End of Tenancy)

What it means: The landlord intends to occupy the property as their own home.

Requirements:

•Landlord must genuinely intend to occupy the property

•Landlord must not have let the property for more than 3 years

•Landlord must provide at least 2 months' notice

•Landlord must not have purchased the property with the intention of letting it to tenants

When to use it:

•You're moving back into the property

•You're selling the property and need vacant possession

•You're making major renovations that require vacant possession

Documentation needed:

•Written notice to tenant (at least 2 months)

•Evidence of intention to occupy (e.g., plans to move, sale agreement)

•Evidence that you haven't let the property for more than 3 years

Court process:

•If requirements are met, court must grant possession

•Tenant cannot challenge the ground itself

•Tenant can only challenge procedural issues (e.g., insufficient notice)

Mandatory Ground 2: Significant Rent Arrears

What it means: Tenant has accumulated significant rent arrears.

Requirements:

•Rent arrears must exceed a specific threshold (typically 2 months or more)

•Arrears must be outstanding at the time of notice and at the time of court hearing

•Landlord must provide at least 2 months' notice

•Landlord must follow proper notice procedures

When to use it:

•Tenant has failed to pay rent for 2+ months

•Tenant has a pattern of late payments

•Tenant is unable or unwilling to pay rent

Documentation needed:

•Rent payment records showing arrears

•Notice to tenant (at least 2 months)

•Communication with tenant about arrears

•Evidence of attempts to resolve the issue

Court process:

•If requirements are met, court must grant possession

•Tenant cannot challenge the ground itself

•Tenant can only challenge procedural issues or argue for time to pay

Mandatory

Ground 3: Breach of Tenancy (Serious)

What it means: Tenant has seriously breached the tenancy agreement.

Requirements:

•Breach must be serious (not minor or technical)

•Examples include: illegal activity, substantial property damage, serious antisocial behaviour

•Landlord must provide notice requiring tenant to remedy the breach

•If breach is not remedied, landlord can serve eviction notice

When to use it:

•Tenant is engaging in illegal activity (drugs, violence)

•Tenant has caused substantial damage to the property

•Tenant is engaging in serious antisocial behaviour affecting neighbours

•Tenant has seriously breached other tenancy terms

Documentation needed:

•Tenancy agreement

•Notice to remedy breach

•Evidence of the breach (photos, witness statements, police reports)

•Communication with tenant about the issue

•Evidence that tenant failed to remedy the breach

Court process:

•If requirements are met, court must grant possession

•Tenant can argue the breach is not serious

•Tenant can argue they've remedied the breach

•Tenant can request time to remedy

Mandatory Ground 4: Antisocial Behaviour or Criminality

What it means: Tenant or occupant has engaged in antisocial behaviour or criminality.

Requirements:

•Antisocial behaviour must be proven

•Examples include: noise, harassment, violence, drug dealing

•Behaviour must affect neighbours or the community

•Landlord must have evidence of the behaviour

When to use it:

•Tenant is engaging in antisocial behaviour (noise, harassment)

•Tenant or occupant is engaged in criminal activity

•Behaviour is affecting neighbours or the community

•Previous warnings have not resolved the issue

Documentation needed:

•Tenancy agreement

•Evidence of antisocial behaviour (neighbour complaints, police reports, photos, recordings)

•Communication with tenant about the issue

•Evidence of attempts to resolve the issue

•Police involvement (if applicable)

Court process:

•If requirements are met, court must grant possession

•Tenant can argue the behaviour is not antisocial

•Tenant can argue they've stopped the behaviour

•Tenant can request time to remedy

Discretionary Grounds for Possession

Discretionary Ground 1: Breach of Tenancy (Non-Serious)

What it means: Tenant has breached the tenancy agreement in a non-serious way.

Requirements:

•Breach must be non-serious (minor or technical)

•Examples include: minor damage, minor noise, minor breach of house rules

•Landlord must provide notice requiring tenant to remedy the breach

•If breach is not remedied, landlord can serve eviction notice

•Court must find it reasonable to grant possession

When to use it:

•Tenant has breached minor tenancy terms

•Tenant has failed to maintain the property adequately

•Tenant has breached house rules

•Previous warnings have not resolved the issue

Documentation needed:

•Tenancy agreement

•Notice to remedy breach

•Evidence of the breach (photos, inspection reports)

•Communication with tenant about the issue

•Evidence that tenant failed to remedy the breach

Court process:

•Court may grant possession if requirements are met and it's reasonable

•Tenant can argue the breach is not proven

•Tenant can argue they've remedied the breach

•Tenant can argue it's not reasonable to evict

•Court will consider all circumstances

Discretionary Ground 2: Rent Arrears (Moderate)

What it means: Tenant has accumulated moderate rent arrears.

Requirements:

•Rent arrears must be less than the threshold for mandatory grounds (typically less than 2 months)

•Arrears must be outstanding at the time of notice and at the time of court hearing

•Landlord must provide notice

•Court must find it reasonable to grant possession

When to use it:

•Tenant has fallen behind on rent (less than 2 months)

•Tenant has a pattern of late payments

•Tenant is unable to catch up on arrears

Documentation needed:

•Rent payment records showing arrears

•Notice to tenant

•Communication with tenant about arrears

•Evidence of attempts to resolve the issue

•Evidence of tenant's financial situation (if relevant)

Court process:

•Court may grant possession if requirements are met and it's reasonable

•Tenant can argue the arrears are not proven

•Tenant can argue they can catch up on arrears

•Tenant can request time to pay

•Court will consider all circumstances

Discretionary Ground 3: Damage to Property

What it means: Tenant has caused damage to the property.

Requirements:

•Damage must be proven

•Damage must be beyond normal wear and tear

•Landlord must provide notice

•Court must find it reasonable to grant possession

When to use it:

•Tenant has caused significant damage to the property

•Tenant has failed to maintain the property adequately

•Damage is affecting the property's value or habitability

•Previous warnings have not resolved the issue

Documentation needed:

•Tenancy agreement

•Photos and videos of damage

•Repair quotes or invoices

•Notice to tenant

•Communication with tenant about the issue

•Evidence of attempts to resolve the issue

Court process:

•Court may grant possession if requirements are met and it's reasonable

•Tenant can argue the damage is normal wear and tear

•Tenant can argue they've repaired the damage

•Tenant can request time to repair

•Court will consider all circumstances

Discretionary Ground 4: Nuisance or Annoyance

What it means: Tenant or occupant has caused nuisance or annoyance to neighbours.

Requirements:

•Nuisance or annoyance must be proven

•Examples include: noise, harassment, intimidation

•Behaviour must affect neighbours or the community

•Landlord must provide notice

•Court must find it reasonable to grant possession

When to use it:

•Tenant is causing noise or disturbance

•Tenant is harassing or intimidating neighbours

•Behaviour is affecting the neighbourhood

•Previous warnings have not resolved the issue

Documentation needed:

•Tenancy agreement

•Neighbour complaints (written statements)

•Evidence of nuisance (photos, recordings, police reports)

•Notice to tenant

•Communication with tenant about the issue

•Evidence of attempts to resolve the issue

Court process:

•Court may grant possession if requirements are met and it's reasonable

•Tenant can argue the nuisance is not proven

•Tenant can argue they've stopped the behaviour

•Tenant can request time to remedy

•Court will consider all circumstances

Mandatory vs. Discretionary Grounds: Key Differences

Mandatory Grounds

Definition: Grounds where courts must grant possession if proven.

Characteristics:

•Clear, objective criteria

•Less room for interpretation

•Faster court process

•Tenant has limited defense options

•Examples: rent arrears (significant), landlord's own use, serious breach

Advantages for Landlords:

•More predictable outcomes

•Faster eviction process

•Stronger legal position

•Less vulnerable to tenant challenges

Disadvantages for Landlords:

•Higher threshold for some grounds (e.g., significant rent arrears)

•Strict procedural requirements

•Must meet all requirements exactly

Discretionary Grounds

Definition: Grounds where courts may grant possession if proven and it's reasonable.

Characteristics:

•More subjective criteria

•More room for interpretation

•Longer court process

•Tenant has more defense options

•Court considers all circumstances

•Examples: moderate rent arrears, minor breach, nuisance

Advantages for Landlords:

•More flexibility

•Covers broader range of situations

•Can address issues that don't fit mandatory grounds

Disadvantages for Landlords:

•Less predictable outcomes

•Longer court process

•More vulnerable to tenant challenges

•Court may find it not reasonable to evict

Strategic Documentation: The Key to Success

Why Documentation Matters

Under the new framework, documentation is everything. Courts will examine your documentation to determine whether you've met the grounds for possession and whether it's reasonable to grant possession.

Good documentation:

•Supports your case

•Demonstrates you've followed procedures

•Shows you've acted fairly and professionally

•Protects you from tenant challenges

•Makes the court process faster and more predictable

Poor documentation:

•Weakens your case

•Suggests you haven't followed procedures

•Raises questions about fairness

•Makes you vulnerable to tenant challenges

•Prolongs the court process

Documentation Best Practices

1. Maintain Comprehensive Tenancy Records

Keep detailed records of:

•Tenancy agreement (signed copy)

•Rent payment history

•Maintenance requests and responses

•Tenant communication (emails, letters, messages)

•Inspection reports

•Photographs of property condition

•Any incidents or issues

2. Document Everything in Writing

When communicating with tenants about issues:

•Use written communication (email, letter, WhatsApp)

•Avoid verbal-only communication

•Keep copies of all communication

•Document dates and times

•Be clear and professional

3. Follow Proper Notice Procedures

When serving notice:

•Use the correct notice format

•Provide the required notice period

•Serve notice correctly (hand delivery, registered mail, etc.)

•Keep proof of service

•Document the date notice was served

4. Maintain Issue Resolution Records

When addressing issues:

•Document the issue clearly

•Provide notice to tenant

•Document tenant's response

•Document attempts to resolve

•Document whether issue was resolved

•If not resolved, document next steps

5. Photograph and Video Evidence

For property damage or condition issues:

•Take clear photographs

•Include date stamps

•Take multiple angles

•Include reference objects for scale

•Consider video walkthroughs

•Store evidence securely

6. Organize Records Systematically

Create a system for organizing records:

•Use folders (physical or digital)

•Organize by date

•Use clear file names

•Include summaries

•Make records easily accessible

•Maintain for at least 6 years

Documentation Templates and Checklists

Rent Arrears Documentation Checklist:

•Rent payment records (showing arrears)

•Tenancy agreement

•Notice to tenant (at least 2 months)

•Communication with tenant about arrears

•Evidence of attempts to resolve

•Proof of service of notice

•Rent payment status at time of court hearing

Breach of Tenancy Documentation Checklist:

•Tenancy agreement

•Evidence of breach (photos, reports, etc.)

•Notice to remedy breach

•Communication with tenant about breach

•Evidence of attempts to resolve

•Evidence that breach was not remedied

•Proof of service of notice

Antisocial Behaviour Documentation Checklist:

•Tenancy agreement

•Neighbour complaints (written statements)

•Evidence of behaviour (photos, recordings, police reports)

•Notice to tenant

•Communication with tenant about behaviour

•Evidence of attempts to resolve

•Police involvement (if applicable)

•Proof of service of notice

Real-World Scenarios: How to Handle Them

Scenario 1: Significant Rent Arrears

Situation: Tenant has not paid rent for 3 months. You've tried to contact them but they're not responding.

Ground: Mandatory Ground 2 (Significant Rent Arrears)

Steps:

1.Verify arrears - Confirm rent payment records showing 3 months of arrears

2.Attempt communication - Try to contact tenant (email, phone, in-person)

3.Serve notice - Provide written notice (at least 2 months) requiring possession

4.Document everything - Keep copies of all communication and notices

5.File court claim - If tenant doesn't vacate, file court claim

6.Attend court - Present your documentation to the court

7.Obtain possession order - If court grants possession, obtain possession order

8.Enforce possession - If tenant still doesn't vacate, apply for bailiff enforcement

Documentation needed:

•Rent payment records

•Notice to tenant

•Proof of service

•Communication attempts

•Court documents

Likely outcome: If rent arrears are significant and documented, court will likely grant possession quickly.

Scenario 2: Serious Breach of Tenancy

Situation: Tenant is using the property for illegal drug dealing. Neighbours have complained and police have been involved.

Ground: Mandatory Ground 3 (Serious Breach) or Mandatory Ground 4 (Antisocial Behaviour/Criminality)

Steps:

1.Document evidence - Collect evidence of drug dealing (police reports, neighbour statements)

2.Serve notice - Provide written notice requiring tenant to vacate

3.Document everything - Keep copies of all evidence and notices

4.File court claim - File court claim for possession

5.Attend court - Present your documentation to the court

6.Obtain possession order - If court grants possession, obtain possession order

7.Enforce possession - If tenant doesn't vacate, apply for bailiff enforcement

Documentation needed:

•Police reports

•Neighbour complaints (written statements)

•Evidence of drug dealing

•Notice to tenant

•Proof of service

•Court documents

Likely outcome: If serious criminality is documented, court will likely grant possession quickly.

Scenario 3: Moderate Rent Arrears

Situation: Tenant is 6 weeks behind on rent. They've had a temporary job loss but expect to return to work soon.

Ground: Discretionary Ground 2 (Moderate Rent Arrears)

Steps:

1.Verify arrears - Confirm rent payment records showing 6 weeks of arrears

2.Communicate with tenant - Discuss their situation and explore payment options

3.Consider payment plan - Offer payment plan to catch up on arrears

4.Serve notice - If payment plan is not agreed, provide written notice

5.Document everything - Keep copies of all communication and notices

6.File court claim - If tenant doesn't comply with payment plan, file court claim

7.Attend court - Present your documentation to the court

8.Court decision - Cou

rt will consider all circumstances and decide whether it's reasonable to grant possession

Documentation needed:

•Rent payment records

•Communication with tenant

•Payment plan offer (if applicable)

•Notice to tenant

•Proof of service

•Court documents

Likely outcome: If tenant has a reasonable explanation and is willing to catch up on arrears, court may not grant possession. If tenant is not willing to address arrears, court may grant possession.

Scenario 4: Minor Breach of Tenancy

Situation: Tenant has caused minor damage to walls (holes from hanging pictures). You've asked them to repair but they haven't.

Ground: Discretionary Ground 1 (Non-Serious Breach) or Discretionary Ground 3 (Damage)

Steps:

1.Document damage - Take photos of the damage

2.Communicate with tenant - Request tenant repair the damage

3.Serve notice - If tenant doesn't repair, provide written notice requiring repair

4.Document everything - Keep copies of all communication and notices

5.File court claim - If tenant doesn't comply, file court claim

6.Attend court - Present your documentation to the court

7.Court decision - Court will consider all circumstances and decide whether it's reasonable to grant possession

Documentation needed:

•Photos of damage

•Communication with tenant

•Notice to repair

•Proof of service

•Court documents

Likely outcome: For minor damage, court may not find it reasonable to grant possession. Court may order tenant to repair or may order compensation.

Preparing for the New Framework

Immediate Actions

1. Review Your Tenancy Agreements

Ensure your tenancy agreements:

•Clearly define tenant obligations

•Specify consequences for breach

•Reference the new grounds for possession

•Are compliant with new legislation

•Include clear house rules

2. Audit Your Current Tenancies

For each current tenancy:

•Review rent payment history

•Check for any breaches or issues

•Document property condition

•Assess compliance with tenancy terms

•Identify any potential issues

3. Implement Documentation Systems

Create systems for:

•Rent payment tracking

•Maintenance request management

•Tenant communication

•Property inspection records

•Issue resolution tracking

4. Train Your Team

If you have staff or use a property manager:

•Train them on new grounds for possession

•Explain documentation requirements

•Establish procedures for issue handling

•Ensure consistent application of procedures

Medium-Term Actions

1. Update Policies and Procedures

Develop clear policies for:

•Rent payment and arrears handling

•Breach of tenancy procedures

•Antisocial behaviour handling

•Maintenance and repair procedures

•Tenant communication

2. Establish Communication Protocols

Create clear procedures for:

•Initial tenant contact

•Regular communication

•Issue notification

•Notice serving

•Court communication

3. Build Relationships with Professionals

Establish relationships with:

•Solicitors experienced in landlord law

•Property managers (if using)

•Letting agents

•Surveyors and contractors

•Accountants

4. Develop Contingency Plans

Plan for:

•Rent arrears scenarios

•Breach of tenancy scenarios

•Antisocial behaviour scenarios

•Property damage scenarios

•Dispute resolution

Long-Term Strategy

1. Focus on Tenant Quality

•Screen tenants carefully

•Check references thoroughly

•Verify income and employment

•Assess suitability

•Build relationships with good tenants

2. Maintain Strong Documentation

•Document everything consistently

•Maintain organized records

•Review records regularly

•Update procedures as needed

•Prepare for potential disputes

3. Build Reputation

•Treat tenants fairly and professionally

•Respond promptly to maintenance requests

•Communicate clearly and regularly

•Resolve disputes professionally

•Build reputation for ethical management

4. Stay Informed

•Monitor legislative changes

•Attend training and seminars

•Read industry publications

•Join landlord associations

•Consult with professionals

The Opportunity in the New Framework

Why This is Actually Good News

While the end of Section 21 represents a significant change, it's actually an opportunity for landlords who are prepared:

1. Competitive Advantage

Landlords who understand and prepare for the new framework have a competitive advantage:

•They can operate confidently within the new rules

•They can attract quality tenants

•They can resolve disputes effectively

•They can defend their positions in court

2. Stronger Tenant Relationships

Clear rules and fair treatment lead to better relationships:

•Tenants know what's expected

•Tenants feel treated fairly

•Tenants are more likely to comply

•Tenants are more likely to stay longer

3. Better Long-Term Returns

Prepared landlords achieve better long-term returns:

•Lower turnover costs

•Fewer disputes and legal costs

•Higher rent compliance

•Longer tenancies

•Better property maintenance

4. Professional Reputation

Operating professionally within the new framework builds reputation:

•You're seen as fair and professional

•You attract better tenants

•You attract better business partners

•You build a sustainable business

Embracing the New Framework

The Renters' Rights Act represents a significant change in the UK rental market. The end of Section 21 and introduction of 8 new grounds for possession is not a loss of control—it's a shift to a clearer, more defensible framework.

Key Takeaways:

The 8 new grounds for possession provide clear, legal grounds for eviction. Understanding these grounds is essential.

Mandatory grounds (4) offer faster, more predictable eviction processes for serious issues. Discretionary grounds (4) offer flexibility for less serious issues.

Documentation is the key to success. Good documentation supports your case and protects you from tenant challenges.

Preparation and planning are essential. Landlords who prepare for the new framework will thrive. Those who don't will struggle.

Fair treatment and clear communication lead to better outcomes. Treating tenants fairly and communicating clearly reduces disputes and builds reputation.

The new framework favours prepared, professional landlords. If you're prepared, the new framework is an opportunity, not a threat.

Ready to Master the New Framework?

If you're uncertain about how the Renters' Rights Act affects your portfolio, professional guidance is available.

Contact us on WhatsApp: +44 330 341 3063

We can help you:

•Understand the 8 new grounds for possession

•Review your tenancy agreements

•Develop documentation systems

•Prepare for potential disputes

•Develop long-term strategy

•Navigate the new framework confidently

With 25+ years of experience managing rental properties across the UK, we understand the new framework and know how to help you thrive within it.