When the Renters’ Rights Act came into force on 1st May 2026, Section 21 was officially abolished.
For many landlords, this immediately raised a worrying question:
“Has it now become too difficult to get my property back if I need it?”
Since the legislation was introduced, we’ve spoken to many landlords across Kent who are concerned that tenants now have significantly more rights, court delays will increase, and regaining possession of a property will become increasingly difficult.
Whilst there is no doubt that the possession process has changed, the reality is more balanced than many headlines suggest.
Landlords can still regain possession of their properties through Section 8. In fact, the Government has introduced and strengthened several possession grounds specifically to replace situations where landlords previously relied on Section 21.
The key difference is that landlords now need a valid reason for possession and, in most cases, evidence to support their claim.
The New Reality: Section 8 Is More Important Than Ever
Before the Renters’ Rights Act, many landlords used Section 21 because it provided a straightforward route to regain possession without needing to provide a specific reason.
Now that Section 21 has gone, Section 8 has become the primary route for landlords seeking possession.
This does not mean landlords have lost control of their investments.
However, it does mean that good record keeping, clear communication and understanding the correct possession grounds are now more important than ever.
The Main Section 8 Grounds Landlords Should Know
The Government has expanded and strengthened several Section 8 grounds to support landlords in legitimate possession scenarios.
The table below summarises some of the most important grounds affecting landlords today.
| Section 8 Ground | Reason for Possession | Key Changes Under the Renters’ Rights Act |
|---|---|---|
| Ground 1 | Landlord or close family member moving into the property | Remains available but now requires four months’ notice and cannot generally be used within the first 12 months of a tenancy |
| Ground 1A | Landlord intends to sell the property | New ground introduced specifically following the abolition of Section 21 |
| Rent Arrears | Tenant falls into significant arrears | Strengthened provisions for serious and repeated arrears |
| Persistent Rent Arrears | Tenant repeatedly falls behind with rent payments | New protections for landlords facing recurring late payments |
| Anti-Social Behaviour | Criminal, nuisance or anti-social behaviour | Remains available and continues to be an important possession ground |
| Breach of Tenancy | Significant breaches of tenancy obligations | Continues to provide landlords with a route to possession where tenancy terms are broken |
Ground 1A: The New Ground Many Landlords Need to Understand
One of the most significant additions under the Renters’ Rights Act is Ground 1A.
This allows landlords to regain possession if they genuinely intend to sell the property.
This is particularly important because many landlords previously relied on Section 21 when deciding to exit the market.
The Government has introduced Ground 1A to ensure landlords can still sell their property when their circumstances change.
However, landlords should be aware that:
- The ground cannot generally be used during the first 12 months of a tenancy.
- Four months’ notice is required.
- The intention to sell must be genuine.
For landlords considering future exit strategies, this is one of the most important changes introduced by the legislation.
Rent Arrears: More Protection Than Many Landlords Realise
Another common concern we hear is:
“What happens if my tenant stops paying rent?”
The Renters’ Rights Act has introduced measures designed to help landlords dealing with persistent rent arrears.
One particular issue under the old system was tenants reducing arrears shortly before court hearings, only to fall behind again afterwards.
The new persistent rent arrears provisions are designed to help address this problem and provide landlords with a more effective route to possession where payment issues become a recurring pattern.
Whilst court processes still need to be followed correctly, landlords have not lost the ability to act when tenants consistently fail to meet their rental obligations.
What Hasn’t Changed?
Despite the significant reforms, several important possession grounds remain available.
Landlords can still seek possession where tenants:
- Engage in anti-social behaviour.
- Commit criminal offences.
- Cause nuisance to neighbours.
- Breach tenancy conditions.
- Provide false information when securing the tenancy.
In many cases, these grounds continue to operate in a similar way to the previous system.
What We’re Seeing at Lifeboat Lettings
Since the implementation of the Renters’ Rights Act, one of the biggest challenges hasn’t been the legislation itself.
It’s the uncertainty.
Many landlords are still working through what the changes mean in practice and how possession cases will operate under the new regime.
What we are finding is that landlords who maintain clear records, conduct regular inspections, document issues properly and communicate effectively with tenants are likely to be in a much stronger position should possession ever become necessary.
The days of relying on Section 21 as a safety net may be behind us, but good tenancy management remains one of the most effective ways to protect your investment.
Where Can I Find the Full List of Section 8 Grounds?
The grounds covered above are some of the most commonly used by landlords, but they are not the only Section 8 grounds available.
For the full list of possession grounds and Government guidance, click here
The abolition of Section 21 has undoubtedly changed the private rented sector, but it has not removed a landlord’s ability to regain possession of their property.
The Government has introduced new Section 8 grounds and strengthened existing ones to ensure landlords still have routes available when they need to sell, move into a property themselves, deal with rent arrears or address serious tenant issues.
The biggest change is that possession is now becoming more evidence-based and process-driven.
For landlords, understanding the available Section 8 grounds and maintaining good tenancy records will be increasingly important in the years ahead.
We’ll be discussing Section 8 grounds, possession, rent increases, pets, notice periods, local authority enforcement and other practical Renters’ Rights Act challenges during our upcoming landlord webinar. Keep an eye out for registration details coming soon.
This article is intended for general information purposes only and does not constitute legal advice. Landlords should seek professional advice regarding their specific circumstances before taking action. Information is correct at the time of writing but may be subject to future legislative updates, guidance or case law.
