Based on the official government guidance for landlords and letting agents:
https://www.gov.uk/guidance/renting-out-your-property-guidance-for-landlords-and-letting-agents/repossessing-your-privately-rented-property-on-or-after-1-may-2026

The government has published new guidance explaining how residential landlords in England will regain possession of their privately rented properties from 1 May 2026, when major reforms take effect. Below is a detailed comparison of how the current rules work today and how they will change once the Renters’ Rights Act reforms come into force.

1. What the New Guidance Covers

The GOV.UK guidance applies to private landlords and letting agents in England and sets out:

• How possession will work on or after 1 May 2026

• How the end of “no-fault” evictions will operate

• The new process landlords must follow

• What evidence and documentation will be required

• Transitional rules for evictions before and after May 2026

It does not apply to social housing providers or to exempt lettings such as holiday lets, lodgers, very high-rent properties, or business tenancies.

Official source:
https://www.gov.uk/guidance/renting-out-your-property-guidance-for-landlords-and-letting-agents/repossessing-your-privately-rented-property-on-or-after-1-may-2026

2. Current Rules (Pre-1 May 2026)

Under the rules in force today, landlords can recover possession in two primary ways:

A. Section 21 (“no-fault”) eviction

• Landlords may evict at the end of a fixed term or during a periodic tenancy without giving a reason.

• Provided the landlord has complied with legal obligations (e.g. deposit protection, how-to-rent guide, safety documents), they can issue a Section 21 notice.

B. Section 8 eviction (fault-based)

• Used when the tenant has breached the tenancy.

• Landlord must rely on one or more of the statutory “grounds for possession” (rent arrears, property damage, anti-social behaviour, landlord moving back in, etc.).

• The landlord serves a Section 8 notice and, if the tenant does not leave, applies to court for a possession order.

C. Court process

• For both types of notices, if the tenant does not leave, landlords must apply for a possession order.

• Bailiffs may be required to enforce eviction if the tenant still refuses to vacate.

3. The New System From 1 May 2026

From this date, the government is replacing the existing possession framework with a system based entirely on grounds for possession.

Official detail:
https://www.gov.uk/guidance/renting-out-your-property-guidance-for-landlords-and-letting-agents/repossessing-your-privately-rented-property-on-or-after-1-may-2026

A. End of “No-Fault” Evictions

• Section 21 is abolished.

• Landlords can no longer evict without giving a legally valid reason.

All evictions will require grounds for possession, supported by evidence.

B. New Notice – Form 3A

From 1 May 2026, private landlords must:

• Use Form 3A to start the possession process

• Quote the full statutory wording of the ground(s) they are using

• Give the appropriate notice period for those grounds

The new Form 3A will replace all current Section 21 and Section 8 notices for private landlords.

C. Grounds for Possession

The new system keeps a structure of:

• Mandatory grounds – courts must grant possession if proven

• Discretionary grounds – courts decide if possession is reasonable

Examples include:

• Persistent or serious rent arrears

• Anti-social behaviour

• Landlord selling the property

• Landlord or close family member moving in

• Repeated breach of tenancy terms

Many grounds include requirements such as:

• Minimum 12-month tenancy period before certain grounds can be used

• “Prior notice” having been given at the start of the tenancy for some grounds

• Evidence obligations on the landlord

D. Deposit Protection Compliance Becomes Critical

To rely on most grounds for possession, landlords must show:

• The deposit was protected in a government-approved scheme

• Prescribed information was correctly served

If not, the landlord may be limited to only a few grounds (e.g. certain anti-social behaviour grounds).

E. New Court Processes

1. For rent arrears claims

• A new online possession claim system will be available.

• This replaces the older online process used today.

2. For all other grounds

• The existing paper-based court process will continue initially.

• Forms such as the possession claim (N5/N119 equivalents) and certificate of service will still be required until the new system is fully digitised.

3. Court outcomes

The court may issue:

• Outright possession order – tenant must leave by a set date

• Suspended order – tenant stays if conditions are followed (e.g. repayment plan)

4. Enforcement

• A warrant for possession can be sought up to 6 years after the court order.

• Bailiffs will enforce the eviction.

• Landlords are responsible for handling any possessions tenants leave behind.

4. Side-by-Side Comparison of Current and New Rules

5. Timeline Overview

Before 1 May 2026

• Landlords may still use Section 21 or Section 8.

• Transitional arrangements apply for notices served before the change.

1 May 2026

• New system begins.

• Form 3A becomes mandatory.

• Grounds-based possession replaces no-fault evictions.

After 1 May 2026

• All new eviction notices must follow the new rules.

Official guidance:
https://www.gov.uk/guidance/renting-out-your-property-guidance-for-landlords-and-letting-agents/repossessing-your-privately-rented-property-on-or-after-1-may-2026

6. What Landlords Should Do Now

• Review and confirm deposit protection compliance.

• Audit tenancy records:

  • Was prior notice given where required?

  • Are tenancy agreements up to date and accurate?

• Consider whether you may need to recover possession before the law changes.

• Prepare to use Form 3A from May 2026.

• Ensure systems are ready for evidence-based possession claims.

Telephone: 01352 721300
Email: support@netrent.co.uk

Disclaimer: NetRent does not provide legal advice. The information supplied represents our understanding of rental property law and should not be relied upon as a substitute for independent legal advice.