New Possession Rules, New Risks; What Landlords must do now?

The New Renters’ Right Act – Is It a Balancing Act? 

The Renters’ Rights Act came into effect on 1 May 2026 and represents one of the most significant  reforms to the private rented sector in England in more than 30 years. The legislation formally  abolishes the Section 21 “no-fault” eviction route and introduces a new framework intended to  provide greater security for tenants whilst preserving landlords’ rights to recover possession in  legitimate circumstances. 

The key question remains: does the new legislation create a fair balance between the rights of  tenants and landlords, or will it generate further legal disputes and uncertainty? 

While the Act undoubtedly strengthens tenant protections, landlords still retain several statutory  grounds to recover possession of their properties. However, as with the previous legal framework,  strict compliance with procedural and statutory requirements remains essential. 

Section 21 Route – The “No-Fault” Eviction and Accelerated Possession Procedure 

Prior to 1 May 2026, Section 21 route(introduced by the Deregulation Act) provided landlords with  a mechanism to recover possession without proving any fault on the part of the tenant.  Commonly referred to as the “no-fault” eviction route, landlords were generally required to  provide a minimum of two months’ notice before commencing possession proceedings. 

However, despite being described as a “no-fault” route, developments in case law and  increasingly stringent compliance requirements demonstrated that the concept of “no fault”  applied equally to landlords. 

In practice, landlords were required to demonstrate strict compliance with a range of statutory  obligations, including: 

• Service of prescribed information relating to tenancy deposits; 

• Provision of Energy Performance Certificates (EPCs); 

• Delivery of the Government’s “How to Rent” Guide; 

• Compliance with gas safety requirements; and 

• Proper service of statutory notices. 

The courts repeatedly emphasised that landlords seeking possession under Section 21 must  themselves be free from compliance failures, omissions, negligence, or procedural defects. 

For an example – The Importance of Gas Safety Compliance 

A significant example of the courts’ strict approach can be found in: 

Muca v El Amrani; Harker v Hubert & Hamdaoui [2026] EWCA Civ 515 

The Court of Appeal confirmed that a landlord’s failure to provide a tenant with the Gas Safety  Certificate prior to occupation constituted an irremediable defect preventing the service of a valid  Section 21 notice.

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Prior to this decision, some landlords and letting agents had sought to rely upon the County Court  appeal decision in Cassell & Cassell v Sidhu & Sidhu, where the court indicated that a defective  or missing Gas Safety Certificate could potentially be remedied through subsequent compliance. 

However, the later appellate authority reinforced the importance of strict compliance and  highlighted the risks landlords face when statutory obligations are overlooked. 

Accordingly, landlords and letting agents should continue to ensure that annual gas safety  inspections are carried out promptly and that all relevant documentation is properly served upon  tenants. Regardless of the abolition of Section 21, compliance obligations remain a fundamental  part of possession proceedings and are likely to remain highly relevant under the new regime. 

The End of Section 21 and the Introduction of Ground 1A- Sale of Dwelling House 

The Renters’ Rights Act has abolished the Section 21 possession route and replaced it with an  expanded Section 8 framework, requiring landlords to rely upon specific statutory grounds for  possession. 

One of the most significant changes is the introduction of Ground 1A Sale of Dwelling House,  which allows landlords to seek possession where they genuinely intend to sell the property. 

Under this new ground, landlords are generally required to provide a minimum of four months’  notice before commencing possession proceedings and there are some further conditions to be  met.  

It is important to note that as Ground 1A is a relatively new provision, it has not yet been  extensively tested by the courts. Consequently, further judicial interpretation is inevitable, and  additional requirements may emerge through future case law. 

Nevertheless, Ground 1A has been introduced as a mandatory ground for possession, meaning  that where the statutory requirements are satisfied, the court may have little discretion but to  grant possession. 

Lessons from Existing Possession Authorities 

Ground 1A appears to share similarities with the former Ground 1(now in the new act also as the  Ground1), which allowed landlords to recover possession where they intended to occupy the  property as their principal residence. 

In this context, the courts may well adopt principles established in: 

Kennealy v Dunne [1977] Q.B. 837 and subsequently applied in Boyle v Verrall (1997) 29 H.L.R.  436 

The courts have historically taken the view that where a mandatory ground is established, the  landlord is entitled to possession without having to prove that the decision is reasonable. Instead,  the landlord must demonstrate a genuine and bona fide intention to rely upon the statutory  ground. 

It remains to be seen whether the courts will adopt a similar approach when interpreting Ground  1A applications involving the sale of a property.

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The Importance of Serving a Valid Notice 

Although the legal framework has changed, one principle remains constant: possession  proceedings are often won or lost based on the validity of the notice served. 

Landlords and letting agents must ensure that: 

• The correct statutory notice is used; 

• The notice contains the correct wording; 

• The relevant ground is properly pleaded; 

• The required notice period is provided; and 

• Supporting evidence is available where required. 

Even where a landlord has a legitimate reason for seeking possession, the court may refuse to  grant an order if the notice is defective or fails to comply with statutory requirements. 

As a result, landlords should seek specialist legal advice before serving notices under the new  regime, particularly given the lack of judicial guidance currently available on several of the newly  introduced grounds. 

Changes to Rent Arrears Possession Claims 

The Renters’ Rights Act has also introduced significant changes to the rent arrears grounds. 

Previously, landlords could often rely upon mandatory rent arrears grounds where tenants had  accrued at least two months’ arrears, with notice periods commonly as short as two weeks. 

Under the new regime, landlords may now be required to demonstrate arrears of three months or  more, together with a longer notice period of one month before possession proceedings can be  commenced. 

These changes may have a substantial impact on landlords facing prolonged rent default and  could result in increased financial pressure before possession proceedings can be initiated. 

Careful consideration should therefore be given to: 

• The tenant’s payment history; 

• The amount of arrears outstanding; 

• The landlord’s personal circumstances; 

• The most appropriate statutory ground to rely upon; and 

• The evidence required to support the claim. 

As was the case under the previous regime, landlords will still require a court order for possession  where tenants do not voluntarily vacate the property. 

It is also important to note that where there has been non-compliance with tenancy deposit  requirements or where housing disrepair issues exist, tenants and their legal representatives may 

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raise these matters by way of counterclaim. Such counterclaims can potentially be used to offset  or reduce any rent arrears claimed by the landlord, which may have a significant impact on  possession proceedings and any associated monetary judgment. 

A New Era of Compliance for Landlords and Letting Agents 

The abolition of Section 21 does not eliminate possession claims. Instead, it shifts the focus  towards compliance, evidence, and the careful selection of statutory grounds. 

The courts have historically taken a strict approach to procedural errors, and there is every  indication that this trend will continue under the new legislation. 

Landlords and letting agents should therefore ensure that notices are carefully drafted, statutory  requirements are met, and legal advice is obtained before taking action. 

The new Act also grants enhanced enforcement powers to local authorities, placing councils at  the forefront of regulatory compliance within the private rented sector. For example, landlords  were required to provide the Renters’ Rights Information Sheet to each tenant by 31 May 2026.  Failure to comply with this requirement may result in enforcement action by the local authority,  including the imposition of financial penalties. 

As local authorities begin to exercise these expanded enforcement powers, it is anticipated that  an increasing number of landlords will seek to challenge penalty notices and enforcement  decisions. Consequently, the First-tier Tribunal (Property Chamber) may experience a significant  rise in appeals relating to compliance disputes under the new legislative framework. 

Landlords and letting agents should therefore ensure that all statutory information and  documentation are served correctly and within the prescribed time limits to minimise the risk of  enforcement action and costly tribunal proceedings. 

How We Can Help 

At Keoghs Nicholls Lindsell & Harris LLP, we have successfully assisted hundreds of landlords,  property investors, and managing agents in obtaining possession orders, including in complex,  defended, and heavily contested proceedings. 

Our specialist property litigation team provides strategic advice on: 

• Possession proceedings; 

• Rent arrears claims; 

• Ground 1A sale-related possession claims; 

• Landlord compliance requirements; 

• Notice drafting and service; 

• Defended possession proceedings; and 

• Appeals and enforcement

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• Penalty notices & improvement notices with the local councils 

• Defend Housing Disrepair claims 

The Renters’ Rights Act represents a substantial shift in landlord and tenant law. Early legal advice  can often prevent costly delays, defective notices, and unsuccessful possession claims. 

If you require advice regarding possession proceedings or the impact of the Renters’ Rights Act  on your property portfolio, please contact our specialist team for assistance. 

Keoghs Nicholls Lindsell & Harris LLP 

01.06.2026