Policy & law · 1 August 2026 · 8 min read

Section 21 is going: what replaces it

Every possession claim now needs a ground. These are the ones landlords will actually use, with notice periods and the evidence each demands.

By RentDocs editorial team · Last reviewed 1 August 2026

Key takeaways

Every claim needs a Schedule 2 ground and evidence to match
Sale and move-in grounds are blocked in the first twelve months
Serious arrears grounds need arrears at notice and at hearing
Antisocial behaviour claims live or die on contemporaneous logs
Compliance failures can still defeat an otherwise good claim

Overview

Section 21 allowed a landlord to recover possession without giving a reason. Under the Renters' Rights Act 2025 it is abolished, and every possession claim must rest on a ground in Schedule 2 to the Housing Act 1988 as amended. The grounds are workable, but each one has a notice period and an evidence burden attached.

Why it matters

Possession now turns on documentation. A landlord who can show a dated arrears ledger, a written sale instruction or a properly served notice will get possession. A landlord relying on an informal account of events will not, and a failed claim costs months of rent as well as the court fee.

Common mistakes

Planning a possession around section 21 out of habit.
Serving a ground notice inside the first twelve months where it is not permitted.
Arrears evidence that stops at the notice date instead of continuing to the hearing.
Serving with no proof of service.

Practical guidance

Keep a running rent ledger per tenancy, not a bank statement you interpret later.
Send arrears reminders in writing and save them.
Log antisocial behaviour incidents on the day, with dates and times.
Evidence a sale or move-in intention before you serve notice.
Re-check deposit protection and compliance certificates before any claim.

Selling the property

There is a ground for a genuine intention to sell, but it cannot be used in the first twelve months of a tenancy and carries an extended notice period. Expect to evidence the intention — an estate agent instruction, a valuation, a solicitor engagement — and expect a restriction on re-letting for a period afterwards if the sale does not proceed.

Moving in yourself or a family member

The same twelve-month restriction and extended notice apply. The definition of family member is specific; a distant relative or a company director will not qualify. Record who is moving in and when, and keep the correspondence.

Rent arrears

The serious arrears ground requires a defined level of arrears both at the date of the notice and at the hearing, and the qualifying threshold and notice period are longer than landlords are used to. This makes early, documented arrears management essential: a ledger, dated reminders and a written payment plan offer.

Antisocial behaviour and breach

Grounds for antisocial behaviour and for breach of the tenancy remain, and the antisocial ground can be used quickly. They are evidence-heavy: incident logs with dates and times, neighbour complaints in writing, police reference numbers and any council contact.

Getting the notice right

Most failed claims fail on procedure rather than merits. Use the current prescribed form, serve it correctly, prove service, and make sure your deposit protection, gas safety, electrical and EPC compliance is in order — non-compliance can still block a claim.