Renters' Rights Act: What are the grounds for possession?

This guide is for general information purposes and is not intended to provide legal advice.

Key takeaways

• The Renters’ Rights Act abolishes Section 21 notices, known as ‘no-fault evictions’

• Landlords now need to issue a Section 8 notice using one or more of the specific legal grounds for possession

• Some grounds are mandatory and some are discretionary, and notice periods can differ

How does the Renters’ Rights Act change evictions for landlords?

The Renters’ Rights Act prevents private landlords in England from evicting tenants without good reason.

Before: You could issue a Section 21 notice, known as a ‘no-fault eviction’ if you wanted to end the tenancy, typically with two months’ notice.

Now: The new legislation abolishes Section 21. Instead, you need to issue a Section 8 notice using one or more of the specific legal grounds for possession. These include:

• Occupation by the landlord or a close family member

• Selling the property

• Rent arrears

• Anti-social behaviour

There are also specific grounds for situations such as a property being let to a tenant based on their employment, or student accommodation being re-let in time for a new academic year.

You’ll need to give the right notice period for each discretionary ground or mandatory ground. This can range from two weeks’ notice to four months’ notice.

💡 Top tip: Make sure you have protected the tenant’s deposit in a Government-approved tenancy deposit scheme, otherwise the court can’t make a possession order to evict your tenant.

Do the new rules apply to all landlords?

No, the new rules only apply to private landlords and private tenants in England. Scotland, Wales and Northern Ireland have separate housing legislation.

Without Section 21 how can I evict a tenant who is causing problems?

Now that Section 21 no-fault evictions have been abolished, you will need to rely on one or more of the legal grounds to regain possession of your property.

Will my landlord insurance cover rent arrears?

It depends on the level of cover you have with your landlord insurance, whether rent arrears is covered or not. Typically, standard policies don’t cover you for this, but if you pay extra to add on rent guarantee insurance you’ll have cover if a tenant stops paying rent.

How does rent guarantee insurance work?

• If your tenant falls into arrears, the policy pays a monthly amount (up to the limit set in your policy) until the tenant resumes payment or is legally evicted

• You can’t take out rent guarantee insurance if the tenant already owes you money

• Most insurers require that tenants are properly vetted

• You’ll need to keep records of missed payments and follow the correct arrears process

Do I need rent guarantee insurance?

Rent guarantee insurance is worth considering if you would struggle financially if rent stopped.

Keep in mind that the changes from the Renters’ Right Act mean you could face longer periods without rent.

Previously, you could evict tenants if they owed at least two months' rent, and you gave them two weeks’ notice.

Now you need to give four weeks’ notice and you’ll need to wait until they are three months’ behind with rent if you want to use Ground 8 to evict them.

Will my landlord insurance cover legal costs?

Standard landlord insurance covers certain legal expenses, such as those related to a tenant or visitor getting hurt on the property, but you’ll usually need to add-on legal expenses insurance for an extra fee to cover issues like:

• Tenant eviction

• Rent recovery

• Tax or contract disputes

• Property repossession

• Property damage

📣 Did you know? About two-fifths (41%) of landlords had experienced rent arrears in the previous two years, according to research by the National Residential Landlords Association (NRLA) in 2025.

Can I still evict a tenant if I want to sell?

Yes, you can still evict a tenant if you want to sell your property, but you need to use the new Ground 1A - sale of dwelling house to evict them as tenants no longer have assured shorthold tenancies with a fixed term. Be aware that:

• You can’t give notice during the first 12 months of a new assured periodic tenancy (previously tenants had an assured shorthold tenancy)

• You must now give four months’ notice

• If your tenant has an assured ‘lifetime tenancy’, issued before 1 May 2026, you can’t use Ground 1A to evict them

Can I evict a tenant if I want to redevelop my property?

Yes, if you need to redevelop or demolish your property, you can use Ground 6, which is a mandatory ground. But you can’t usually do this during the first six months of the tenancy, and you must give your tenant four months’ notice.

There are rules on providing alternative accommodation if you’re a social landlord.

Can I regain possession of the property if I want to move in?

Yes, you can regain possession if you want to move into the property by using Ground 1 - occupation by landlord or family, which is a mandatory ground. However:

• You can’t do this during the first 12 months of a new assured periodic tenancy

• You must give at least four months’ notice

• It only applies to you, the landlord, or a close family member (parent, grandparent, sibling, child, grandchild, spouse or civil partner) moving into the property

• After you’ve regained possession, you can’t re-let or market the property for 12 months

What are the new rules for student houses of multiple occupation (HMO)?

If your property is a house in multiple occupation (HMO), which is let to full-time students, and you want to evict them at the end of the academic year in order to re-let to new students you can use possession Ground 4A, which is a mandatory ground. You must give them four months’ notice.

Can I evict a tenant who keeps a pet without permission?

Yes, depending on the circumstances, you could use:

• Ground 12 - tenancy breach: This applies if a tenant breaks one or more terms of the tenancy agreement, aside from not paying rent (as there is a separate ground for possession for rent arrears)

• Ground 13 - deterioration of property: If the pet has damaged the property you could argue they have allowed the condition of the property to get worse

• Ground 15 - deterioration of furniture: If the pet has damaged the furniture you could say that the tenant has allowed the condition of the furniture to get worse

💡 Top tip: You must give two weeks’ notice when you issue a Ground 12, Ground 13 or Ground 15 notice. If the tenant doesn’t comply you can then apply for a possession order to evict your tenant. But as these are discretionary grounds the court will decide whether the tenant should be evicted for keeping a pet without permission.

What are the rules for a house needed by a minister of religion?

If a minister of religion needs to reoccupy a property you have rented out, you can use Ground 5 to evict the tenant but you must give them two months’ notice.

What are the rules for housing agricultural workers?

if you need to provide accommodation for an agricultural worker, and you have rented out your property you can evict the current tenant by using Ground 5A and giving them two months’ notice.

Which grounds apply if I have a superior landlord?

If you lease your property from a ‘superior landlord’ (another person or organisation) and then sublet it, you have a ‘superior lease’ certain grounds for possession apply:

• Ground 2ZA - possession when superior lease ends.

• Ground 2ZB - possession when fixed term superior lease ends.

• Ground 2ZC - possession by superior landlord.

• Ground 2ZD - possession by superior landlord (fixed term).

What are the penalties if I don’t comply with the Renters' Rights Act?

If you don’t comply with the Renters' Rights Act you could face:

• A fine of up to £7,000 for certain breaches and up to £40,000 for serious offences, such as unlawful evictions, or repeated breaches

• Enforcement action by your local authority

• A rent repayment order of up to two years’ rent

How can I find the best deal on landlord insurance?

Landlord insurance can protect you against unwanted costs, such as accidental or malicious damage, cover for an unoccupied property, or rent guarantee if your tenants fail to keep up with payments.

Use MoneySuperMarket to compare landlord insurance deals. We can help you find the right cover at a reasonable price, not just the cheapest policy available.