As the dust settles on the passage of the Renters’ Rights Act, the private rented sector is bracing for the most significant structural overhaul since 1988. For years, the “Section 21” notice has acted as a safety valve for property owners—a predictable, “no-fault” mechanism to regain possession.
That valve is being welded shut.
On 1 May 2026, the legal landscape for possession disputes will transform overnight. For those managing residential portfolios, the transition from a “no-fault” regime to a “grounds-based” system requires more than just a change in paperwork; it demands a total recalibration of risk management and evidence gathering.
Section 21 Abolition in 2026 and the Sunset Period Explained
The headline of the reform is the total abolition of Section 21. From 1 May 2026, it will be impossible to serve a “no-fault” notice. However, there is a critical transitional window that landlords must navigate with precision.
- Until 30 April 2026: Section 21 notices can still be served under the current rules.
- The 31 July 2026 Deadline: If a Section 21 notice is served before the May deadline, court proceedings must be issued by 31 July 2026. If this window is missed, the notice expires permanently, and the landlord must start over using the new, more demanding Section 8 process.
This “hard stop” means that any technical errors in a notice served in early 2026 could be fatal. For example, an error in the landlord providing the tenant with prescribed information upon inception of the tenancy, including but not limited to licencing or gas safety compliance could invalidate the notice beyond repair. There will be no second chances to “re-serve” a Section 21 if the first one is found invalid after April.
End of Fixed‑Term Tenancies and the New Periodic Tenancy Model
Perhaps the most profound change is the abolition of fixed-term tenancies. From 1 May 2026, all new and existing tenancies will convert to rolling periodic tenancies.
The concept of a “six-month let” will no longer exist in law. Tenants will have the right to end a tenancy at any time by giving two months’ notice. Conversely, a landlord can only end the tenancy if they can prove a specific legal “ground” in court. This represents a significant rebalancing of rights and obligations between landlords and tenants.
Updated Section 8 Grounds for Possession Under the Renters Reform Bill
With Section 21 gone, Section 8 becomes the primary gateway to possession. While the government has “strengthened” these grounds, the evidentiary burden has increased.
1. Selling or Moving In (Mandatory)
New mandatory grounds have been introduced to allow landlords to recover their property to sell it (Ground 1A) or for themselves/family to move in (Ground 1). However, these come with strict caveats:
- The 12-Month Moratorium: These grounds cannot be used during the first 12 months of a tenancy.
- Notice Period: Landlords must provide 4 months’ notice.
- The “No Re-let” Rule: If possession is granted on these grounds, the landlord is prohibited from re-letting or marketing the property for 12 months. Breach of this can lead to heavy local authority fines or Rent Repayment Orders (RROs).
2. The New Arrears Thresholds
The “mandatory” rent arrears ground (Ground 8) remains, but the bar has been raised to reduce the risk of eviction for short-term or temporary arrears.
- Threshold: Tenants must now owe 3 months’ rent (up from 2 months) both at the time of notice and the time of the hearing.
- Notice Period: This has doubled from 2 weeks to 4 weeks.
3. Persistent Late Payment (Mandatory)
To counter tenants who “tactically” pay off just enough debt to stay under the 3-month threshold before a hearing, a new mandatory ground (Ground 8A) allows for possession if the tenant has been in at least 2 months of arrears for at least 1 day on three separate occasions within a three-year period. Accurate rent schedules and contemporaneous statements will be essential to relying on this ground.
Changes to the Possession Proceedings and Dispute Resolution Process
In the current system, Section 21 often allows for an “accelerated” possession procedure that doesn’t require a court hearing. In the 2026 landscape, almost every contested case will require a hearing. Because every eviction will be “for cause,” tenants will have more opportunities to raise defenses or counterclaims, particularly regarding property standards.
The Role of Evidence
Under the new regime, the quality of a landlord’s record-keeping will determine the success of a possession claim. Disputes will likely center on:
- Proof of Intent: For sale or move-in grounds, judges may require evidence like contracts with estate agents or proof of a change in personal circumstances.
- Compliance with Standards: With the introduction of the Decent Homes Standard and Awaab’s Law to the private sector, tenants may successfully defend possession claims by proving the property is in disrepair, potentially leading to the claim being struck out.
The Digital Possession Service
The government intends to launch a new digital system to speed up the courts. While this aims to reduce the current 6-to-9-month wait times, the sheer volume of contested Section 8 hearings expected in mid-2026 may create a significant bottleneck. Early filing and flawless documentation will be the only ways to navigate this backlog.
How Private Landlords Can Prepare for Possession Claims in 2026
To stay ahead of these reforms, those with rental interests should begin a “compliance audit” immediately.
- Audit Arrears Early: Do not wait for the 3-month mark. Engage with mediation services or serve a Section 8 notice relying on the “persistent arrears” ground as soon as the pattern emerges.
- Verify Deposit Protection: Failure to protect a deposit or serve “prescribed information” will continue to be a bar to using most possession grounds.
- Review Rent Increase Procedures: Fixed-term rent review clauses will be void. All increases must follow the Section 13 process, giving tenants the right to challenge the “market rate” at a tribunal.
- Prepare for the Ombudsman: Membership in the new Private Rented Sector Ombudsman scheme will be mandatory. Disputes that previously went to court may first be diverted here for mediation.
The 2026 reforms represent a “professionalisation” of the sector. The days of “accidental” or “hands-off” landlording are ending; those who adapt early and invest in compliance will be best places to operate confidently under the new regime.
If you are a landlord and you need advice on possession or rent arrears, please contact our Dispute Resolution team.
