Renters' Rights Act: the new grounds for possession

Why it matters

Understanding these new grounds is crucial for landlords, as incorrect procedure or insufficient evidence will lead to rejected possession claims, costly delays, and potential financial losses. The Act introduces new landlord-friendly grounds, such as for selling the property or moving in, but they come with strict notice periods and requirements. Failure to comply can result in tenants remaining in the property, increasing legal fees, and administrative burdens, making meticulous preparation essential for successful possession claims.

Legal requirements

• Landlords must issue a valid 'Notice to Vacate' specifying the ground(s) relied upon and providing the correct notice period.
• Evidence supporting the chosen ground, such as sale agreements or arrears statements, must be prepared and kept current.
• For mandatory grounds, strict compliance with all conditions is necessary for the court to grant possession.
• The property must meet the Fitness for Human Habitation standards to avoid potential counterclaims by tenants.
• Landlords must follow the correct court procedure, including filing a claim for possession (Form N5 or N5B) and attending hearings.
• Deposit protection scheme rules must be fully complied with, as non-compliance can affect possession proceedings.
• Any required licenses, such as HMO or selective licenses, must be in place and adhered to.
• Landlords must not unlawfully harass or evict tenants, which is a criminal offence.
• The property's Energy Performance Certificate (EPC) rating must meet minimum standards, currently E, if required.
• Current gas safety certificates and electrical safety reports must be provided to the tenant and renewed as required.

Common mistakes

• Failing to provide the correct notice period for the specific ground, leading to an invalid notice.
• Not having sufficient or properly documented evidence to support the chosen ground for possession.
• Using an incorrect form for the Notice to Vacate, rendering the notice invalid.
• Attempting to seek possession for rent arrears when the tenant has a valid counterclaim for disrepair.
• Not ensuring the property meets minimum standards of repair and safety, which can allow tenants to defend claims.
• Assuming a mandatory ground means automatic possession without needing to follow court procedures.
• Ignoring the requirement to have a valid EPC, gas safety certificate, or electrical safety report, which can be a barrier to possession.
• Failing to protect the tenant's deposit in a government-approved scheme or provide the prescribed information.
• Not understanding the difference between mandatory and discretionary grounds and the court's role in each.
• Communicating possession intentions or demanding rent payments incorrectly after serving notice, which can undermine the case.

Practical guidance

• Familiarise yourself thoroughly with all new grounds for possession introduced by the Renters' Rights Act 2025.
• Always issue a Notice to Vacate (which replaces the previous Section 8 notice in England) clearly stating the ground(s) being relied upon.
• Gather all necessary evidence systematically as soon as an issue arises, such as documented rent arrears or signed sale agreements.
• Ensure all safety certificates (gas, electrical) and an EPC are up to date and have been provided to the tenant.
• Address any property repairs or maintenance issues promptly to minimise the risk of disrepair counterclaims.
• Seek professional legal advice early if you anticipate needing to regain possession, particularly for complex cases.
• Maintain clear and dated records of all communications with tenants, rent payments, and property inspections.
• Consider offering support to tenants facing hardship, as this can sometimes prevent the need for possession proceedings.
• Be prepared for the court process, which includes potential hearings and the need to present your case clearly.
• If you receive a possession order, ensure it is enforced correctly through a county court bailiff, never attempt self-eviction.

Mandatory Grounds for Possession (England)

The Renters' Rights Act 2025 introduces several new mandatory grounds for possession, meaning the court *must* grant possession if the landlord proves the ground and meets all associated conditions. Key new mandatory grounds include situations where the landlord intends to sell the property, provided they have owned it for at least six months and have a genuine intention to sell. Another significant ground is where the landlord or a close family member intends to move into the property as their main home, again subject to a six-month ownership period and a genuine intention. Other mandatory grounds cover situations where the property is genuinely required for an employee, or where the landlord is a religious body requiring it for a minister. The previously existing mandatory grounds for substantial rent arrears, serious damage to the property, or certain HMO licensing breaches also remain, though thresholds and notice periods may be adjusted. Crucially, a specific notice period, typically two or four months depending on the ground, must be given before applying to the court.

Discretionary Grounds for Possession (England)

Discretionary grounds allow the court to decide whether to grant possession after considering all the circumstances and exercising its judgement. These grounds are often used for less severe breaches of tenancy. They include grounds for rent arrears below the mandatory threshold, persistent delay in paying rent, breach of tenancy terms (other than rent), or nuisance/annoyance to neighbours. The Renters' Rights Act 2025 retains many of these existing discretionary grounds, which are usually invoked with shorter notice periods, sometimes as little as two weeks for serious breaches like anti-social behaviour. While the notice period might be shorter, the landlord must still present compelling evidence to persuade the court that it is reasonable and proportionate to grant a possession order. The court will balance the landlord's need to regain possession against the tenant's right to remain in their home, especially considering any vulnerability or impact on the tenant.

Specialist Grounds for Anti-Social Behaviour and Damage

The Act maintains specific grounds tailored for severe tenant conduct, allowing for swifter action where necessary. Ground for anti-social behaviour is a serious discretionary ground, often allowing for a very short notice period, sometimes immediate notice in egregious cases. This ground covers behaviour causing nuisance or annoyance to neighbours, or using the property for immoral or illegal purposes. There is also a ground for damage to the property, furniture, or common parts. These specialist grounds require robust evidence, such as police reports, witness statements, or photographic evidence of damage. While the court still retains discretion, the severity of the behaviour often weighs heavily in favour of granting possession. It is vital for landlords to gather detailed, contemporaneous records of incidents, including dates, times, descriptions of behaviour, and details of anyone affected or involved, to present a strong case to the court. These grounds are crucial for protecting other residents and the property itself.

Rent Arrears: New Thresholds and Procedures

The Renters' Rights Act 2025 modifies the existing grounds for rent arrears. The mandatory ground for rent arrears typically applies when a tenant is in significant arrears at the time the Notice to Vacate is served *and* at the time of the court hearing. The Act adjusts the specific threshold for 'significant arrears', usually defined as a certain number of months' unpaid rent. There is also a discretionary ground for lesser arrears or persistent delay in rent payments. The Act aims to balance landlord protection with ensuring tenants have a fair opportunity to resolve arrears. Landlords must demonstrate they have engaged with tenants regarding arrears, providing clear statements and opportunities to pay. Evidence will include a detailed rent statement showing all payments and arrears. For the mandatory ground, the court has no choice but to grant possession if the conditions are met. For the discretionary ground, the court will consider the reasons for arrears and the tenant's efforts to pay them.

Rules in Scotland, Wales, and Northern Ireland

The Renters' Rights Act 2025 applies only to England. Landlords in other UK nations operate under different legislative frameworks. In Scotland, the Private Residential Tenancy (PRT), introduced by the Private Housing (Tenancies) (Scotland) Act 2016, uses 'grounds for eviction' rather than possession. These grounds, which include landlord's intention to sell, personal use, or rent arrears, are detailed in Schedule 3 of the Act. For more information, refer to our guide on "The Private Residential Tenancy: a complete guide for Scottish landlords" and "The Repairing Standard: what Scottish landlords must maintain". In Wales, the Renting Homes (Wales) Act 2022 fundamentally changed tenure types to 'occupation contracts'. This legislation provides specific 'grounds for possession' for contract-holders, which vary depending on the contract type and breach. See our guide "The Renting Homes (Wales) Act: a complete guide for landlords". Northern Ireland has its own set of landlord and tenant laws, with landlords typically needing to serve a Notice to Quit and rely on common law or statutory grounds. Key considerations for Northern Ireland landlords include specific safety and fitness duties, as outlined in "Safety and fitness duties for Northern Ireland landlords".