Renter’s Rights Act: New grounds for possession for landlords

The Renters’ Rights Act means that from 1 May 2026, landlords looking to recover possession of a residential property must establish one of several specific grounds for possession. Understanding which ground applies – and what notice period is required – will be essential for any landlord considering possession proceedings under the new regime.

Mandatory and discretionary grounds

The grounds for possession are divided into two categories. Where a mandatory ground is established, the court is required to grant possession. Where a discretionary ground is relied upon, the court will consider whether it is reasonable to make a possession order in all the circumstances.

Key mandatory grounds

Ground 1. Landlord or family member occupancy (4 months’ notice): The landlord, or a close family member, requires the property as their only or principal home. This ground cannot be used within the first 12 months of a tenancy. If possession is obtained, the landlord cannot re-let the property for a further 12 months.

Ground 1A. Sale of property (4 months’ notice): The landlord intends to sell the property. Again, this cannot be used within the first 12 months of a tenancy, and a 12-month restriction on re-letting applies following possession.

Ground 1B: Sale of property part of rent to buy (4 months’ notice): If the property is part of a Rent to Buy scheme this ground can be used provided you offered your tenant the opportunity to buy the property at the end of the scheme.

Ground 2. Mortgagee requires sale (4 months’ notice): Where the property is subject to a mortgage and the lender exercises its power of sale requiring vacant possession.

Ground 6. Redevelopment (4 months’ notice): Where the property is to be redeveloped or demolished, and the tenant cannot continue to live there.

Ground 8. Serious rent arrears (4 weeks’ notice): The tenant is at least three months in arrears at both the date of service of the notice and the date of the possession hearing. Under the previous regime, the threshold was two months. This is a mandatory ground, meaning the court must grant possession if the arrears level is met.

Key discretionary grounds

Ground 10. Some rent arrears (4 weeks’ notice): The tenant is in arrears but below the threshold for Ground 8. The court will consider whether it is reasonable to order possession.

Ground 11. Persistent late payment (4 weeks’ notice): The tenant has persistently delayed paying rent, even if no arrears are currently outstanding.

Ground 14. Anti-social behaviour (2 weeks’ notice): The tenant, or someone living at or visiting the property, has caused or is likely to cause a nuisance to neighbours, or has been convicted of a relevant offence. Notice can be served immediately, and proceedings can be issued at the same time as the notice.

Ground 17. Tenancy obtained by false statement (2 weeks’ notice):The landlord was induced to grant the tenancy by a false or misleading statement made by the tenant.

A comprehensive grounds of possession list is available online.

Important considerations

Landlords should note that relying on a possession ground without a reasonable belief that it applies may be a criminal offence. They must also be registered on the Private Rented Sector Database before issuing possession proceedings. If they are not, they will usually be unable to bring a possession claim.

Dispute Resolution support from Attwaters

Our Dispute Resolution team advises landlords across the full range of possession matters, by assisting in identifying the appropriate ground, serving valid notices and managing proceedings through to completion. Simply contact the team by emailing disputeresolution@attwaters.co.uk or calling 0203 871 0110.