What replaces a section 21 notice?

Why it matters

Understanding these new requirements is crucial for landlords to legally regain possession of their property. Failure to issue a correct and valid Notice of Possession, or to provide sufficient evidence for the chosen ground, will result in delays, legal costs, and potentially the inability to obtain a possession order from the court. Compliance ensures a smoother, albeit more rigorous, process for ending a tenancy.

Legal requirements

• Landlords must specify the precise statutory ground(s) for possession from the Housing Act 1988 (as amended by the Renters' Rights Act 2025) within the Notice of Possession.
• Each ground has a specific minimum notice period that must be given to the tenant before court proceedings can commence.
• The Notice of Possession must clearly state the reason for seeking possession and be accompanied by or make reference to the evidence supporting that ground.
• Landlords must have fulfilled all their legal obligations, such as gas safety checks, electrical safety checks, and providing an Energy Performance Certificate (EPC), prior to serving notice.
• The property must meet the fitness for human habitation standards throughout the tenancy and at the time of serving notice.
• Any required licence for the property (e.g., HMO licence, selective licence) must be in force and valid at the time of serving notice and throughout the tenancy.
• The Notice of Possession must be served on all tenants named on the tenancy agreement.
• Proof of service of the notice is legally required, demonstrating when and how the notice was delivered.
• For grounds related to rent arrears, a clear statement of the amount owed and the period it covers must be included.
• Where a deposit was taken, it must have been protected in an approved scheme and the prescribed information provided to the tenant.

Common mistakes

• Failing to identify a valid statutory ground for possession, or attempting to invent a reason not recognised by law.
• Serving a Notice of Possession with an incorrect notice period for the specified ground, rendering it invalid.
• Not retaining or being able to produce evidence to support the chosen ground if challenged in court.
• Serving notice while outstanding landlord legal obligations, such as an expired gas safety certificate, have not been met.
• Incorrectly calculating rent arrears or failing to provide a clear statement of account when using a rent arrears ground.
• Not serving the notice on all tenants, leading to the notice being invalid for the entire property.
• Lack of proof of service, making it impossible to demonstrate that the tenant received the notice.
• Attempting to use a ground for possession that is not applicable to the specific type of tenancy or property.
• Initiating court proceedings before the mandatory notice period has fully expired.
• Failing to consider mandatory and discretionary grounds carefully before choosing a course of action.

Practical guidance

• Thoroughly review the statutory grounds for possession to determine which, if any, apply to your situation.
• Gather all supporting evidence for the chosen ground before drafting the Notice of Possession.
• Check that all landlord legal obligations, including safety certificates and deposit protection, are fully compliant.
• Draft the Notice of Possession, clearly stating the ground(s) relied upon and the associated evidence.
• Ensure the notice period given adheres strictly to the legal requirement for your chosen ground.
• Serve the Notice of Possession on all tenants using a method that provides proof of delivery, such as recorded delivery or process server.
• Keep a copy of the served notice and proof of service in your records.
• Do not begin court proceedings until the full statutory notice period has elapsed.
• Consider seeking legal advice if you are unsure about the validity of your ground or the correct procedure.
• Maintain open communication with your tenant where appropriate, as some issues might be resolved without legal action.

The Shift from 'No-Fault' to Statutory Grounds

Before the Renters' Rights Act 2025, landlords in England could issue a Section 21 notice to regain possession of their property without needing to provide a reason, provided certain conditions were met. This has now been entirely abolished. All possession claims must now be based on a 'fault' of the tenant, or specific 'no-fault' circumstances related to the landlord's genuine need for the property, which are explicitly defined in the Housing Act 1988 (as amended). These new grounds range from persistent rent arrears and breaches of tenancy terms to landlords needing to sell the property or move into it themselves. Each ground has specific conditions that must be met and a corresponding minimum notice period that must be given to the tenant. It is no longer sufficient to simply state you want the property back; a detailed, evidenced reason is mandatory.

Understanding Statutory Grounds for Possession

The Renters' Rights Act 2025 has significantly amended the Housing Act 1988, introducing new grounds and modifying existing ones for possession of a property. These grounds are broadly categorised as either 'mandatory' or 'discretionary'. Mandatory grounds mean the court *must* grant a possession order if the landlord can prove the ground exists and all legal requirements have been met. Examples include certain severe rent arrears or landlord's genuine intention to sell the property. Discretionary grounds mean the court *may* grant a possession order if the ground is proven, but it will also consider if it is reasonable to do so. Examples include minor breaches of tenancy or anti-social behaviour. Landlords must carefully select the most appropriate ground(s) and be prepared to provide robust evidence to the court to satisfy the conditions of that ground. The specific notice period required will depend entirely on the ground chosen, ranging from a few weeks to several months.

The Notice of Possession: What it Must Contain

A valid Notice of Possession is the crucial first step in seeking to regain your property. It must clearly state the specific statutory ground(s) under which possession is sought. For each ground, the notice should provide sufficient detail to inform the tenant why possession is being sought and outline the evidence the landlord holds to support their claim. The notice must also specify the date after which possession proceedings can be commenced in court, which must not be earlier than the expiry of the statutory notice period for the chosen ground. It is vital to ensure that the notice is accurately completed, as errors can invalidate the entire process, requiring the landlord to restart and causing significant delays and additional costs. Legal precedent has shown that even minor technical errors can lead to a court rejecting a possession claim.

Differences in Devolved Nations: Scotland, Wales, Northern Ireland

It is important to remember that the Renters' Rights Act 2025 applies only to England. Scotland, Wales, and Northern Ireland have their own distinct legislative frameworks for ending tenancies. In Scotland, the Private Residential Tenancy (PRT) under the Private Housing (Tenancies) (Scotland) Act 2016 operates on a 'no-fault' basis being largely abolished since 2017. Landlords must use a 'Notice to Leave' and specify one of 18 statutory 'grounds for eviction' outlined in the Act. For more details on Scottish rules, see our pages on 'How much notice must I give a tenant in Scotland?' and 'How do I evict a tenant in Scotland?'. Wales operates under the Renting Homes (Wales) Act 2016, which uses 'occupation contracts' and has its own specific notice requirements and grounds for possession. Northern Ireland retains a different system of tenancies and associated notice periods. Landlords with properties outside England must consult the relevant legislation for the devolved nation.