How to regain possession of your property under the Renters’ Rights Act

The private rented sector (PRS) is entering a new phase of reform. From May 2026, the Renters’ Rights Act will reshape how tenancies are managed, ended and regulated.

These reforms are designed to bring greater clarity, structure and consistency across the sector, giving responsible landlords clearer rules to work within and greater confidence in their decision-making.

Read on for our in-depth analysis of this specific change and find out how we can help you navigate it.  

What’s changing from the 1st May:

From 1st May 2026, landlords wanting to regain possession of their property will need to do so on specific, clearly defined grounds. The Act strengthens and clarifies these grounds and recognises that landlords’ and tenants' own circumstances can sometimes change; it therefore includes strengthened rights to reclaim properties when necessary, for example to sell or move in.  

Tenants will benefit from a 12-month protected period at the beginning of a tenancy, during which landlords cannot evict them to move in or sell the property. Landlords will need to provide 4 months’ notice when using these grounds, giving tenants more time to find a new home.

As was the case prior to the Act’s implementation, if a tenant does not leave voluntarily, landlords must apply to the court for possession and provide evidence that the relevant ground has been met.  

To encourage high standards across the sector, landlords will only be able to regain possession if certain requirements have been met, such as correctly protecting a tenant’s deposit or registering the property on the private rented sector database. Our team will support landlords in identifying and resolving any compliance issues promptly, ensuring these do not cause unnecessary delays. These restrictions will not apply where possession is sought on antisocial behaviour grounds.

• For mandatory grounds, the court must award possession if the ground is proven.  
• For discretionary grounds, the court can consider if eviction is reasonable, even when the ground is met.

A full list of each ground and its details can be found here.

Strong evidence is now more important than ever. 
We support landlords by maintaining clear records, managing documentation and preparing evidence should possession proceedings be required. Get in touch to ensure your tenancy management stands up to scrutiny.

Our view:  

While this is a change to the normal way of working, landlords should feel reassured that the updated grounds for possession cover all common reasons for needing to reclaim a property.

How we can help:  

We will guide you through the new processes to ensure they are used effectively and with confidence. We are already implementing systems to efficiently and securely gather and retain the evidence if required. If you plan to sell your property or move back in, we will ensure that notices are served correctly and in full compliance with the new rules, helping to minimise delays or potential disputes.

Don’t wait until possession becomes urgent. 
Early planning reduces delays, disputes and costly mistakes. Contact us today to review your tenancies and ensure you’re prepared for the new possession rules.

FAQ’s

Q. What are the most common grounds landlords will use to regain possession?

A. The most commonly used grounds are likely to be if a tenant is in rent arrears, a landlord is selling the property, or moving back in. The Act recognises that landlords’ circumstances change and provides clear routes to regain possession where needed.

If you’re unsure which ground applies to your situation, speak to our team for tailored advice before serving notice.

Q. When can I serve notice if I plan to sell my property?

A. You can use the specific mandatory ground for selling, but only after the tenant has been in the property for at least 12 months. You must provide a minimum of four months’ notice, meaning you can serve notice on month 8 of the tenancy, and the property must be genuinely intended for sale.

Timing and compliance are critical. Contact us early so we can ensure notice is served correctly and delays are avoided.

Q. What evidence will I need to gather to regain possession under the Renters’ Rights Act?

A. The evidence required will depend on the ground you are relying on, but you will generally need a valid tenancy agreement, proof the correct notice was served, confirmation the required notice period has been given, and clear documentation supporting your reason for possession (for example, a rent schedule for arrears or proof the property is being marketed for sale). You must also be fully compliant with your legal obligations, such as deposit protection and registration requirements.

If you are unsure what applies to your situation, contact us early — strong preparation can prevent costly delays.

Q. What happens if my tenant doesn’t leave after notice expires?

A. If the tenant does not leave voluntarily, you must apply to the court for a possession order and demonstrate that the relevant ground has been met.

Early preparation can significantly reduce delays. Get in touch so we can review your tenancy and ensure you are fully prepared should court action become necessary.

Have a question about your specific situation? 
The new legislation affects landlords differently depending on their property type, tenancy structure and future plans. Our team is happy to talk through your circumstances and provide clear, practical guidance. Get in touch for a confidential discussion.