The Renters’ Rights Act 2025 has changed one of the most familiar parts of private renting in England: Section 21 possession.
For years, Section 21 allowed landlords to recover possession of an assured shorthold tenancy without having to prove fault by the tenant. It became known as the “no-fault eviction” route and was widely used where landlords wanted to sell, move back in, change plans, or simply end a tenancy after the fixed term.
That system has now changed.
Landlords can no longer rely on Section 21 in the way they used to. Instead, possession must be based on a valid legal ground. That makes possession more formal, more evidence-based and more dependent on correct paperwork.
For landlords, the message is clear: ending a tenancy now requires a reason, a process and evidence.
What has changed?
The biggest change is that landlords can no longer simply serve a Section 21 notice to bring a tenancy to an end.
Under the new system, landlords must use the statutory possession grounds. These are the legal reasons that allow a landlord to seek possession.
This does not mean landlords can never recover possession. It means they must fit the situation into one of the recognised grounds and follow the correct procedure.
Common examples may include:
- rent arrears;
- serious breach of tenancy;
- anti-social behaviour;
- property damage;
- the landlord needing to sell;
- the landlord or a close family member needing to move in;
- the property being required for redevelopment or another recognised purpose.
The detail matters. Different grounds have different requirements, different notice periods and different levels of evidence.
Why this is such a major shift
Section 21 was often seen as a safety net. Even where landlords had concerns about rent arrears, complaints, damage or future plans, they might still have used Section 21 because it did not require them to prove the tenant had done anything wrong.
That is no longer the same option.
The new system is much more focused on the reason for possession. Landlords must be able to explain why they need the property back and show that the legal ground applies.
This changes the way landlords should manage tenancies from the start.
Good records are no longer just helpful. They may be essential.
Possession is now evidence-led
A landlord who wants possession may need to prove the ground they are relying on.
That means keeping clear records of:
- rent payments;
- missed payments;
- arrears letters;
- tenant correspondence;
- repair reports;
- inspection notes;
- photographs of damage;
- complaints from neighbours;
- reports of anti-social behaviour;
- warning letters;
- notices served;
- plans to sell;
- evidence of intention to move in;
- communication with agents, solicitors or contractors.
This evidence should be created at the time events happen, not reconstructed months later.
For example, if a tenant is repeatedly late with rent, the landlord should keep a clear rent statement and written correspondence. If there is damage, the landlord should keep inspection notes, photographs and contractor reports. If the landlord intends to sell, evidence of that decision may become relevant.
Mandatory and discretionary grounds
Possession grounds are generally divided into two broad types: mandatory and discretionary.
A mandatory ground means the court must usually make a possession order if the legal test is met.
A discretionary ground means the court can make a possession order, but only if it considers it reasonable to do so.
This distinction is important. A landlord may believe they have a good reason to recover possession, but the court may still need to consider the facts, the seriousness of the issue and whether possession is reasonable.
That makes evidence and presentation more important.
Selling the property
One of the key landlord concerns has been whether they can still recover possession if they need to sell.
The answer is yes, but the landlord must use the correct ground and comply with the relevant restrictions.
The new regime is designed to allow landlords to recover possession where they genuinely need to sell. However, it also aims to prevent misuse of sale grounds as a disguised no-fault eviction.
Landlords should therefore expect to keep evidence of their intention to sell, such as valuation correspondence, agent instructions, board installation, marketing plans or other supporting documents.
A landlord should be careful not to serve notice claiming an intention to sell unless that intention is genuine.
Moving into the property
Landlords may also be able to recover possession where they or a close family member need to move into the property.
Again, the reason must be genuine and the correct ground must be used.
The landlord may need to show why the property is required and who intends to live there. This is not an area for vague or speculative claims.
Where a landlord’s plans are uncertain, it may be risky to rely on this type of ground too early.
Rent arrears
Rent arrears remain one of the most important possession routes.
However, landlords should not assume that arrears automatically guarantee possession in every case. The amount, timing, history and evidence of arrears all matter.
Landlords should keep:
- a clear rent schedule;
- payment dates;
- missed payments;
- part payments;
- correspondence about arrears;
- repayment proposals;
- any agreed payment plans;
- evidence of continued non-payment.
If the tenant has repeatedly failed to pay rent on time, even where arrears fluctuate, the landlord should keep a full record rather than relying only on the balance at the date of notice.
Anti-social behaviour and serious breach
Where a landlord relies on anti-social behaviour, nuisance or serious breach of tenancy, evidence is particularly important.
Useful evidence might include:
- written complaints;
- police reports;
- council involvement;
- neighbour statements;
- photographs;
- incident logs;
- warning letters;
- agent notes;
- communication with the tenant;
- details of dates, times and impact.
General accusations are unlikely to be enough. A landlord should record what happened, when it happened, who was affected and what action was taken.
Property damage
Damage can also support possession in appropriate cases, but landlords need to distinguish between damage, disrepair and fair wear and tear.
Evidence may include:
- check-in inventory;
- dated photographs;
- inspection reports;
- contractor quotes;
- invoices;
- check-out comparison;
- correspondence with the tenant;
- records of refused access if relevant.
A weak inventory can make a damage-based claim harder. This is another reason why good records at the start of the tenancy matter.
The end of informal possession planning
Under the old system, some landlords may have worked backwards from the end of a fixed term or relied on Section 21 if the tenancy no longer suited their plans.
That approach no longer fits the new rental landscape.
Landlords now need to think in terms of:
- what legal ground applies;
- whether the ground is available at that stage of the tenancy;
- what notice period is required;
- what evidence supports the ground;
- whether any restrictions apply;
- whether the tenancy paperwork is up to date;
- whether deposit and safety compliance is in order.
This makes possession more structured and less flexible than before.
Compliance still matters
Landlords should not assume that possession is only about the ground relied on.
Wider compliance may still matter, including:
- tenancy deposit protection;
- prescribed information;
- gas safety records;
- electrical safety reports;
- EPCs;
- written tenancy information;
- licensing;
- local authority notices;
- correct forms;
- accurate service of documents.
A landlord with poor compliance records may find possession more difficult or may face separate enforcement risk.
What landlords should do now
Landlords should review their tenancy management systems and make sure they are ready for the new possession landscape.
Key steps include:
- Stop relying on old Section 21 assumptions
Possession now requires a valid ground and the correct process. - Review tenancy agreements
Old AST wording, fixed-term assumptions and outdated notice clauses may no longer fit. - Keep better rent records
Rent arrears and payment history should be clear, accurate and easy to produce. - Record problems as they happen
Damage, nuisance, complaints and breaches should be documented at the time. - Keep evidence of landlord intentions
If selling or moving in, the reason should be genuine and supported by evidence. - Check compliance documents
Deposit, safety, licensing and written information records should be complete. - Use the right forms and notice periods
Different grounds have different rules. Incorrect paperwork can cause delay. - Take care with agents
If an agent manages the property, landlords should make sure the agent is using updated procedures.
The key takeaway
The end of Section 21 does not mean the end of possession.
It means the end of possession without a stated legal reason.
Landlords can still recover properties where the law allows it, but the process is now more formal and evidence-led. The strongest position for landlords will come from good records, accurate notices, clear reasons and up-to-date compliance.
Section 21 used to be the safety net. Under the new system, the safety net is preparation.
NetRent does not provide legal advice. This article represents our understanding of rental property law at the time of writing.
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