Renters’ Rights Act: New Possession Rules Explained

Joanne Wong

No fault, no more: how the Renters’ Rights Act reforms have reshaped possession claims

The biggest change to private renting in England and Wales for a generation is now live. Since 1 May 2026, landlords in the private rented sector can no longer end a tenancy using the old “no fault” section 21 procedure. The old Assured Shorthold Tenancies have been replaced by Assured Periodic Tenancies, which are rolling tenancies with no fixed end date or minimum fixed term. A landlord who wants their property back must now rely on one of the statutory grounds for possession under Section 8 of the Housing Act 1988 – and prove it.

The most common mandatory grounds which landlords can use to recover possession under the new legislation are those available to landlords who want to move back into their property or sell it, which will require use of Ground 1 and Ground 1A.

Ground 1: moving in

Ground 1 allows a landlord to recover the property so that they, or a close family member, can move back in to live there. The reforms have widened the family circle beyond spouses and partners to include parents, grandparents, siblings, children and grandchildren, including those of a spouse or partner. The landlord no longer needs to have lived there before; a genuine intention to occupy is now enough. The tenancy must have been running for at least a year before the date given in the notice, and the tenant is entitled to four months’ notice.

Ground 1A: selling up

This is a brand-new ground. It allows a landlord to recover possession where they intend to sell the freehold or a long lease of the property. Again, the tenancy must have been in place for at least a year, and four months’ notice is required. This ground is not available to most social landlords.

What evidence will I need to establish these grounds?

Both Ground 1 and Ground 1A turn on the landlord’s genuine, settled intention, so the paperwork in support of a claim will decide many cases.

For Ground 1 (moving in), landlords should keep evidence of who intends to occupy the Property and why. A witness statement from the landlord or family member, proof of the family relationship, any supporting evidence such as job relocation letter, academic placement offers, sale of occupier’s own home and/or any other evidence showing concrete plans to move may be helpful.

For Ground 1A (selling), landlords should gather evidence that the decision to sell has genuinely been made. For example, an estate agent instruction or valuation, marketing preparations, solicitors’ engagement for the sale, or other clear evidence of the decision to dispose of the property.

Once a Ground 1 or Ground 1A notice is served, a landlord is then barred from re-letting or even marketing the property to let for a “restricted period” – this is generally around 16 months from service of the notice. Breaching that ban is a criminal offence and can attract a financial penalty of up to £40,000.00. Landlords should therefore be clear about their intentions before they serve any notices as they cannot simply put the property back on the rental market if they change their mind after regaining possession.

Defences a tenant might raise

Tenants may seek to defend any claims brought under Ground 1 or Ground 1A by challenging the landlord’s intention to move in or sell. Commentators anticipate that the courts may borrow the well-developed “intention” test from business-tenancy law; that is, the landlord must show a firm and settled intention (not merely a provisional one) and a realistic prospect of carrying it out.

As the first Ground 1 and Ground 1A notices were served from 1 May 2026 on existing tenancies granted more than a year earlier, it is expected that the first contested hearings under these grounds will start coming before the courts now. We expect a meaningful body of decisions to come through in 2027.

Other likely challenges a tenant might bring are more technical but no less fatal. For example, these could include defective or short notice, failure to meet the one-year condition, the landlord’s failure to comply with the tenancy deposit legislation and/or with the new PRS database registration duty when this comes into force on 15 December 2026. These defences could prevent a judge from granting a possession order.

The takeaway

Recovering a property is now a matter of proof, not procedure. Landlords relying on Ground 1 or Ground 1A should document their intention before serving notice, respect the four-month notice period and re-letting ban, and make sure other matters, such as deposit protection and database registration (when in force), are in good order.

Tenants and their advisers now have real grounds to test whether their landlord’s intention is genuine. There is no higher court authority yet but, practically speaking, this would require a probe for evidence of intention and putting the landlord to proof of their genuine intention.

Contact us

If you require further advice and assistance with seeking possession of a property, please contact our expert property litigation team by:

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• or calling us on 020 7485 8811