UK Renters Right Act: Landlord can’t evict tenants during 12 months protected period; Here’s when landlords can get possession of the property
One of the major changes introduced by the Renters’ Right Act is that ‘no fault’ eviction notices can no longer be used to evict tenants.
Ian Morgan, Managing Senior Associate, Pinsent Masons, pointed out to Economic Times Wealth Online that Section 8 is not a new thing. The previous Section 21, often referred to as the ‘no fault’ eviction process, was heavily criticised for being slow and uncertain, even with the ‘no fault’ label.
Morgan says: “The rules were often said to be complex and exacting and were open to exploitation by tenants as much as landlords. The grounds mentioned in the new expanded Section 8, such as Ground 1A selling the property, are designed to enable the landlord to retain a degree of flexibility and do not require a fault by the tenant.”
Morgan says that while Section 21 has been abolished, it is important not to overstate the idea that no-fault eviction, per se, has been abolished. This is as much about re-setting the dial in the private rented sector than anything else.
The British government also said on its website that tenants can 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.
Also read: UK Renters’ Rights Act: Landlords face £7,000 fine if ‘Information Sheet’ isn’t given to tenants by May 31, 2026; Know how to download
What does the Renters Act say about grounds for tenant eviction
The list of grounds is broken into two sections – mandatory, where the Court ‘must’ give possession and discretionary, where the Court may give possession.
An example of a mandatory ground is Ground number 8 where the tenants owe at least 3 months’ rent. An example of a discretionary ground is Ground number 17, false information. This is where the tenant or someone acting on their behalf gave false information to acquire the tenancy.
Each ground has strict rules around them and formal notice requirements.
Once a court or tribunal is satisfied that one of the grounds is valid, the landlord usually has to get an possession order and then go through an enforcement process under the Court/tribunal’s supervision if the tenant does not leave voluntarily.
Also read: UK tenancy rule change from May 1, 2026: Landlords can no longer evict tenants through no-fault evictions, Here’s four other changes for tenants in the United Kingdom
Grounds for possession of property
According to the British government website, to support the contribution made by responsible landlords who provide quality homes to their tenants and to help landlords enjoy robust grounds for possession where there is good reason to take their property back, the Renters Rights Act clarifies and expands grounds for possession, while ensuring tenants are protected from arbitrary eviction and given enough time to find a new home.
Here’s a summary of the grounds for possession of property as per the government website:
Landlords can give eviction notice using the relevant grounds at any point in the tenancy if the tenant is at fault
The government said that landlords must, as in the current system, go to court if a tenant does not leave. They will need to provide evidence that the ground is met. 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.
Where a tenant is at fault, landlords can give notice using the relevant grounds at any point in the tenancy. This includes where a tenant commits antisocial behaviour, is damaging the property, or falls into significant arrears.
The government said that they will introduce new protections for tenants who temporarily fall into rent arrears, supporting both parties by preventing tenancies which are otherwise viable from ending.
12 months protected period for no eviction
The government said: “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.”
The government also said that landlords will need to provide 4 months’ notice when using these grounds, giving tenants more time to find a new home, and reducing the risk of homelessness.
Tenant eviction notice period increases
The government also said that they will increase the mandatory threshold for eviction from 2 to 3 months’ arrears and increase the notice period from two weeks to four.
The government said on its website: “This will allow tenants more time to repay arrears and remain in their homes, while ensuring landlords do not face unsustainable costs.”
Landlord can use discretionary rent arrears ground for tenant eviction
Landlords can continue to use the discretionary ground of rent arrears if rent is repeatedly paid late.
Landlords’ own circumstances can sometimes change, and the Renters Rights Act includes strengthened rights to reclaim properties when it’s necessary, for example to sell or move in.
Cooling off period where no sale can take place
To prevent landlords from abusing the moving in and selling grounds, landlords will not be able to market or re-let their property for 12 months after using the moving or selling grounds.
The government said: “There is an exception to this restriction for shared owners when they use the selling ground (Ground 1A) where they can demonstrate they have made a genuine attempt to sell their property.”
UK government will introduce limited number of possession grounds for adequate supply in vital sectors
The government said on its website that in some sectors, it is necessary to relocate the tenants when the accommodation is for a specific purpose. This could happen when the current tenant no longer requires the place or isn’t eligible to stay there any more.
So, the government said they will introduce a limited number of possession grounds to ensure there is an adequate supply of properties in vital sectors such as temporary and supported accommodation, and for critical housing schemes such as ‘stepping stone’ accommodation.
Redevelopment ground for temporary eviction will expand
The government also said that they will expand ‘ground 6’ for redevelopment to relevant social landlords to support redevelopment of properties where required, and introduce a new possession ground for relevant social landlords where a tenant has been provided with alternative accommodation while redevelopment affecting the tenant’s original home is carried out.
When the landlord seeks possession under these grounds, they will usually need to provide alternative accommodation that meets specific requirements.
Landlord can’t get possession of the property if they have not properly protected tenant’s deposit
The government said on its website that to support compliance with requirements introduced elsewhere by the Renters Rights Act, they will prevent landlords gaining possession if they have not properly protected a tenant’s deposit or registered their property on the private rented sector database.
The government also said that they will ensure landlords are always able to rectify non-compliance, so they are not prevented from regaining possession indefinitely. These restrictions will not apply to antisocial behaviour grounds.
