The private rented sector has changed significantly following the implementation of the Renters’ Rights Act, with one of the biggest changes being the abolition of Section 21 evictions.
For many landlords, this has raised understandable concerns about how they regain possession of their property if problems arise. While the rules have changed, landlords still have legal routes available where there is a legitimate reason to end a tenancy.
The key difference now is that all possession claims must be supported by a recognised legal ground, meaning landlords need to be more organised, proactive, and prepared with evidence than ever before.
In this guide, we’ll look at the main grounds for eviction now available to landlords and what the changes mean in practice.
What Has Changed Since Section 21 Was Abolished?
Previously, Section 21 allowed landlords to regain possession of a property without needing to provide a reason, provided the correct process was followed.
Now that Section 21 has been abolished, landlords can only seek possession using specific legal grounds under Section 8.
At the same time, tenancy structures have also changed, with periodic tenancies becoming the standard approach. This means there is no longer a fixed end date landlords can rely on when seeking possession.
For landlords, this means:
Every eviction requires a valid legal reason
Evidence and record keeping are more important
Notices and court procedures must be followed carefully
Some possession routes may take longer than they did previously
While that may sound daunting, landlords still retain important rights when there is a genuine need to recover possession.
Want to find out more about how the Renters' Rights Act will affect you?
If you have rental property in East Yorkshire you can get a free consultation with our ARLA qualified letting agent and managing director, Maddie Lancaster.
Grounds for Eviction Landlords Can Use
Selling the Property
One of the most important grounds available to landlords is the ability to regain possession if they genuinely intend to sell the property.
This recognises that landlords may need to exit the market, release equity, or change their investment plans. However, the process is no longer as straightforward as it once was.
Under the Renters’ Rights Act, landlords must provide tenants with at least four months’ notice when seeking possession on the basis that they intend to sell.
In addition, this notice cannot be served during the first 12 months of a tenancy, meaning a tenant must have occupied the property for at least a year before the landlord can begin the possession process using this ground.
Therefore, in reality, it could take 16 months or more from the start of a tenancy before possession can be obtained for the purpose of selling, even before accounting for any court delays.
For landlords who may be considering a future sale, this makes forward planning essential. It is important to factor in both the 12-month qualifying period and the four-month notice period when deciding when to put a property on the market.
This ground is also expected to include safeguards designed to prevent misuse. Landlords may be required to provide evidence of their intention to sell, and there may be restrictions on reletting the property shortly after possession has been granted.
For this reason, landlords should ensure they fully understand the requirements before serving notice and allow sufficient time when planning a sale.
Moving Back Into the Property
Landlords may also regain possession if they, or a close family member, intend to move into the property as their main home.
This ground is particularly important for accidental landlords, those returning from working abroad, or landlords who need to accommodate family members. Close family members may include a spouse, partner, parent, child, grandparent, grandchild, sibling, or other relatives as defined by the legislation.
As with the ground for selling a property, there are restrictions on when this ground can be used. A landlord must provide the tenant with at least four months’ notice, and the notice cannot be served during the first 12 months of the tenancy.
This means a tenant will have a minimum of 16 months’ occupation before possession can be obtained using this ground, assuming there are no delays.
Landlords should therefore plan well in advance if they know they may need to move back into the property or accommodate a family member in the future.
As with all possession grounds, evidence is likely to be important. Landlords may need to demonstrate a genuine intention to occupy the property, and there may be penalties for attempting to use this ground without a legitimate reason.
Provided the correct process is followed, this ground ensures landlords can still recover possession when they or their family have a genuine need to live in the property.
Serious Rent Arrears
Rent arrears remain one of the strongest grounds for possession available to landlords.
Under the Renters’ Rights Act, landlords will generally need a tenant to be in at least three months’ rent arrears before they can rely on the mandatory rent arrears ground for possession. This represents an increase from previous thresholds and means landlords may need to wait longer before taking formal action.
While this change provides additional security for tenants experiencing short-term financial difficulties, it can create challenges for landlords who rely on rental income to cover mortgage payments, maintenance costs, and other property-related expenses.
Accurate record keeping is therefore more important than ever. Landlords should maintain detailed records of:
Rent due
Payments received
Outstanding balances
Communication with tenants regarding arrears
Any payment plans or agreements that have been put in place
It’s also worth noting that waiting until arrears reach three months does not mean landlords should wait three months before engaging with a tenant. Early communication can often help resolve issues before they escalate and may prevent the need for formal possession proceedings altogether.
Where arrears continue to grow and tenants fail to engage, landlords still have a clear route to regain possession, provided the correct procedures are followed and sufficient evidence is available to support the claim.
Repeated Late Payment of Rent
One of the frustrations many landlords have faced is dealing with tenants who repeatedly fall behind with rent, only to partially clear arrears before court action progresses.
The updated rules aim to address this issue by recognising patterns of persistent late payment, even where arrears fluctuate over time.
This is an important change because inconsistent rent payments can place significant financial pressure on landlords, particularly where mortgage payments, maintenance costs, and other outgoings still need to be covered.
Early communication and proactive arrears management will become even more important moving forward.
Anti-Social Behaviour
Landlords can still seek possession where tenants engage in anti-social or criminal behaviour.
This may include:
Persistent noise complaints
Threatening or abusive behaviour
Harassment of neighbours
Criminal activity at the property
Deliberate property damage
In serious cases, courts may continue to prioritise anti-social behaviour claims due to the impact on neighbours and local communities.
As always, evidence will be key. Landlords should keep records of complaints, witness statements, inspection reports, and communication relating to incidents.
Breach of Tenancy Agreement
Landlords may also seek possession where tenants breach the terms of their tenancy agreement.
Examples could include:
Causing serious damage to the property
Allowing unauthorised occupants to live at the property
Failing to maintain the property appropriately
Other significant breaches of tenancy conditions
Again, documentation will play a major role in supporting any claim.
Regular inspections, written communication, and detailed inventories are likely to become even more valuable under the new system.
What Landlords Need to Get Right
Good Record Keeping
The days of informal tenancy management are over.
Landlords should ensure they keep:
Signed tenancy agreements
Inspection reports
Rent schedules
Copies of notices
Written communication records
The stronger the documentation, the smoother the process is likely to be if possession action becomes necessary.
Staying Legally Compliant
Compliance remains critical under the new rules.
Landlords should ensure they stay on top of:
Deposit protection requirements
Gas safety certificates
EPC obligations
Electrical safety requirements
Right to Rent checks where applicable
Failure to comply with legal obligations could affect a landlord’s ability to regain possession.
Preparing for Longer Timescales
With greater reliance on the courts, possession claims may take longer than some landlords have previously experienced.
That makes preventative management even more important.
Dealing with issues early, maintaining strong communication with tenants, and acting quickly when problems arise may help reduce the risk of situations escalating.
It may be worth considering using Rent Protection Insurance to ensure that costs can be covered in case of a difficult repossession
How Letting Agents Can Help
For many landlords, the Renters’ Rights Act has highlighted the value of professional property management.
A good letting agent can help by:
Keeping tenancy documentation up to date
Managing compliance requirements
Handling rent arrears early
Serving the correct notices
Maintaining clear communication with tenants
Helping landlords navigate legislative changes
With the rules continuing to evolve, staying informed will be essential.
Final Thoughts
The abolition of Section 21 has undoubtedly changed the way landlords regain possession of their properties, but it has not removed landlords’ rights altogether.
Possession is still possible where there is a legitimate reason, whether that’s rent arrears, anti-social behaviour, selling the property, or moving back in.
The biggest change is that landlords now need to be more structured, organised, and evidence-focused in the way they manage tenancies.
For landlords who stay informed and proactive, the new system is still manageable, even if it requires a different approach than before.
If you’d like advice on managing your property under the new rules, the team at Rent East Yorkshire is here to help.
About the author
Maddie Lancaster is an ARLA qualified letting agent with over 10 years of experience in the UK rental market.
Rent East Yorkshire specialises in property management services for landlords across the East Riding of Yorkshire.
Disclaimer: This information is provided for guidance only and does not constitute legal advice. Specific legal advice should be sought for particular circumstances.
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