Can Landlords Still Repossess Their Property?

A clear guide following the Renters’ Rights Act changes

The abolition of Section 21 has led some landlords to question whether they can still recover possession of their rental property.

The answer is yes.

Landlords in England can still regain possession when they have a valid legal reason. However, the process changed significantly on 1 May 2026 and possession is now much more evidence-led.

This article focuses on possession notices served on or after 1 May 2026.

SECTION 21 HAS ENDED – POSSESSION RIGHTS HAVE NOT

Section 21 was commonly known as the “no-fault” possession route. It allowed a landlord to seek possession without having to prove that the tenant had done anything wrong.

That route is no longer available for private rented properties where notice is served on or after 1 May 2026.

Instead, landlords must use Section 8 of the Housing Act 1988 and rely on one or more recognised grounds for possession.

In practical terms, this means a landlord must now be able to explain:

• Why possession is required
• Which legal ground applies
• Whether the conditions for that ground have been met
• What evidence supports the claim
• Whether the correct notice and notice period have been used

The ability to regain possession remains, but the reason and supporting evidence now matter more than ever.

WHEN CAN A LANDLORD SEEK POSSESSION?

There are a number of legal grounds available to landlords.

Some of the most relevant to private landlords include:

SELLING THE PROPERTY

Ground 1A may be used where the landlord genuinely intends to sell the property.

The tenant must normally receive four months’ notice. For a new tenancy, the notice cannot request the tenant to leave during the first 12 months.

LANDLORD OR FAMILY MEMBER MOVING IN

Ground 1 may apply where the landlord or a qualifying close family member genuinely intends to use the property as their main home.

This ground also normally requires four months’ notice and is subject to the initial 12-month protected period.

SERIOUS RENT ARREARS

Ground 8 is the principal mandatory ground for serious rent arrears.

For tenants paying monthly, the ground may apply when at least three months’ rent is outstanding both when the notice is served and at the court hearing.

Other discretionary rent-arrears grounds may also be available where the mandatory threshold has not been reached or where there has been a pattern of persistent late payment.

ANTISOCIAL BEHAVIOUR

Possession may be sought where the tenant, someone living with them or a visitor has engaged in antisocial behaviour.

The seriousness of the behaviour, the evidence available and the particular ground used will affect how the claim proceeds.

BREACH OF THE TENANCY AGREEMENT

A landlord may be able to seek possession where the tenant has breached a term of the tenancy agreement unrelated to rent.

This is normally a discretionary ground, which means the court must also decide whether granting possession would be reasonable.

MANDATORY AND DISCRETIONARY GROUNDS

Possession grounds fall into two main categories.

A mandatory ground means the court must make a possession order when the landlord proves the ground and satisfies all the relevant legal requirements.

A discretionary ground means the court will also consider whether it is reasonable to grant possession, even where the landlord has provided evidence of the breach or behaviour.

This distinction is important. Simply naming a ground on a notice does not guarantee possession.

THE CORRECT NOTICE MUST BE USED

For private assured tenancies, landlords must now use Form 3A, commonly referred to as a Section 8 notice.

The notice must:

• Identify the correct tenant and property
• State every possession ground being relied upon
• Include the full required wording
• Explain why each ground applies
• Give the correct notice period
• Be completed, signed and served correctly

An incomplete or inaccurate notice may delay the claim or result in the landlord having to start again.

EVIDENCE IS CENTRAL TO THE PROCESS

Landlords should begin gathering evidence as soon as a potential problem becomes apparent.

Depending on the ground being used, the evidence may include:

• The tenancy agreement and any amendments
• A complete rent ledger
• Bank statements or payment records
• Emails, letters and messages
• Inspection reports and dated photographs
• Records of complaints or incidents
• Police or local authority correspondence
• Evidence of a genuine intention to sell
• Evidence that the landlord or family member intends to move in
• Copies of notices and proof of service

Clear records can make the difference between a well-supported claim and one that becomes delayed or disputed.

COMPLIANCE STILL MATTERS

Before seeking possession, landlords should review the wider compliance position for the tenancy.

Deposit protection is particularly important. For most possession grounds, the landlord must be able to show that the deposit was protected correctly and that the required prescribed information was given to the tenant.

The landlord must also meet any specific conditions attached to the possession ground being used.

Possession should never be approached as simply completing and sending a form. The tenancy, compliance documents, evidence, dates and legal ground must all align.

WHAT HAPPENS IF THE TENANT DOES NOT LEAVE?

A possession notice does not itself end the tenancy or give the landlord the right to change the locks.

If the tenant remains after the notice expires, the landlord must apply to the court for a possession order.

The general process is:

1. Identify the correct possession ground
2. Gather the supporting evidence
3. Serve the correct Form 3A notice
4. Wait for the required notice period to expire
5. Apply to the court if the tenant remains
6. Attend a hearing where required
7. Obtain a possession order
8. Use authorised enforcement if the tenant still does not leave

Only a bailiff or authorised enforcement officer can lawfully enforce the possession order where the tenant remains.

Landlords should never attempt to remove a tenant themselves, change the locks or interfere with essential services.

PREPARATION IS MORE IMPORTANT THAN PANIC

The end of Section 21 does not mean landlords have lost control of their property.

It does mean that possession needs to be planned carefully, supported with evidence and managed through the correct legal process.

Lisa Bailey, Residential Lettings Manager at Personal Economy Lettings, explains:

“Landlords can still recover their property when they have a valid reason, but the days of treating possession as a simple notice exercise have gone. Good records, early action and the right professional advice are now essential.”

HOW PERSONAL ECONOMY LETTINGS CAN HELP

Personal Economy Lettings does not provide legal representation or operate an eviction service.

However, through our Lettings PA services, we can help landlords with the practical management that often becomes important before a possession situation develops, including:

• Rent collection and monitoring
• Clear tenancy records
• Compliance support
• Inspection and communication records
• Early identification of rent arrears or tenancy concerns
• Preparing an organised information file for professional review

Where formal possession action is required, we recommend that the case is reviewed by a suitably qualified housing solicitor before any notice is served.

NEED SUPPORT WITH YOUR TENANCY?

Being a self-managing landlord does not mean dealing with every problem alone.

If you’re concerned about rent arrears, compliance, record keeping or the future of a tenancy, speak to Personal Economy Lettings before taking action.

Call 0117 985 6703

Visit personaleconomylettings.co.uk

Personal Economy Lettings – helping landlords stay confidently in control.

Information correct at July 2026. This article applies to England and is provided for general information only. It is not legal advice. Possession grounds, forms and procedures can change, and landlords should obtain specialist legal advice for their individual circumstances.

Source: GOV.UK – Repossessing your privately rented property after 1 May 2026 and Grounds for possession: guidance for landlords and letting agents.