The new tenancy landscape and grounds for possession
Since 1 May 2026 the Renters' Rights Act 2025 has replaced assured shorthold tenancies with a single system of assured periodic tenancies in England. Section 21 "no-fault" eviction is abolished, and every tenancy now rolls on a periodic basis with no fixed end date. All existing tenancies converted automatically to the new model on that single date, with no separate later date for older agreements. A landlord can now regain possession only by using a statutory ground under the revised Section 8 procedure and proving it in court. This page explains the new tenancy structure and the grounds that replace Section 21.
Assured shorthold tenancies and fixed terms ended on 1 May 2026
The assured shorthold tenancy no longer exists for new or existing residential lets in England. In its place is a single assured periodic tenancy that rolls on a periodic basis, usually month to month, aligned with how rent is paid. There is no fixed term, so a landlord cannot require a tenant to commit to an initial six or twelve month period, and any new agreement takes effect as a periodic tenancy whatever the contract is labelled. The end of fixed terms changes how every new tenancy is set up.
A tenant can end an assured periodic tenancy at any time by giving two months' notice. A landlord cannot end it without using a statutory ground for possession. This is the central change in the balance of the tenancy. The tenant gains flexibility from day one, and the landlord gives up the certainty of a fixed term.
Existing tenancies converted automatically on a single date
On 1 May 2026 every existing assured shorthold tenancy converted automatically to an assured periodic tenancy. There was no transitional period in which older fixed terms continued to run to their original end date, and there was no separate, later conversion date for existing agreements. The earlier proposal for a two-stage rollout, with new and existing tenancies treated differently, was not how the Act commenced.
One transitional rule still matters. A Section 21 notice served before 1 May 2026 remains valid only if the landlord begins possession proceedings by 31 July 2026. After that date, Section 21 cannot be relied on at all.
Section 21 no-fault eviction is abolished
Section 21, which allowed a landlord to regain possession without giving a reason, is abolished. A landlord can no longer end a tenancy simply by serving notice. Every possession claim must now rest on a statutory ground, and where the tenant does not leave, the landlord must present evidence to a court that the ground is met. In practice this makes accurate record-keeping and careful tenant selection more important than they were under the old regime.
Possession now depends on a Section 8 ground
A landlord regains possession through the revised Section 8 procedure, using one of the statutory grounds for possession. Grounds fall into two broad types. Mandatory grounds, where the court must grant possession if the ground is proven, and discretionary grounds, where the court decides whether it is reasonable to do so. Each ground carries its own evidence test and its own notice period, so the first step in any possession decision is to identify which ground applies. Getting the procedure right matters, because a defective notice can defeat a claim before it reaches a hearing, so it is worth knowing how to serve a Section 8 notice correctly.
Mandatory grounds cover the landlord's own circumstances
The Act keeps mandatory grounds for situations where a landlord has a legitimate reason to take the property back that is not the tenant's fault. The landlord intending to sell uses Ground 1A, and the landlord or a close family member intending to move in uses Ground 1. Neither ground can be used in the first twelve months of a tenancy, both require four months' notice, and after using them the landlord cannot re-let or re-market the property for twelve months. Ground 6 covers substantial redevelopment that cannot reasonably be carried out with the tenant in place, and also requires four months' notice.
The mandatory arrears ground, Ground 8, now applies only where the tenant owes at least three months' rent if rent is paid monthly, or at least thirteen weeks' rent if it is paid weekly or fortnightly. This threshold raised from two months, and it must be met both when the notice is served and at the court hearing. The notice period for Ground 8 increased from two weeks to four weeks.
The intermittent-arrears ground proposed while the Bill passed through Parliament, sometimes called Ground 8A, was not enacted and does not exist. Where arrears are below the mandatory threshold, a landlord can still rely on the discretionary grounds. Ground 10 covers rent that is currently owed, and Ground 11 covers persistent late payment even where the balance is sometimes cleared. The practical workflow for managing arrears, from first contact to repayment plan, is covered in Part 3.
Student HMOs have a dedicated possession ground
Landlords letting to full-time students have a dedicated ground, Ground 4A, designed to protect the student letting cycle. It allows possession so that the property can be re-let to new students, it requires four months' notice, and notice can only take effect between 1 June and 30 September. Landlords relying on the academic cycle should plan possession around these dates rather than the calendar year.
Notice periods are longer under the new rules
Notice periods are set by the ground being used. The main landlord-circumstance grounds, covering sale, moving in and redevelopment, require four months' notice. Serious rent arrears under Ground 8 require four weeks. Anti-social behaviour grounds allow a landlord to act more quickly, reflecting the seriousness of the conduct. Because the period depends on the ground, the safest approach is to confirm the notice length for the specific ground before serving, and to keep the evidence that supports it.
A clear, time-stamped record of rent received and rent owed is now the evidence a landlord relies on to prove the arrears ground in court. August's rent tracking builds that record automatically.
What the new structure means for portfolios
Two practical consequences follow for landlords. Income is less predictable, because a tenant can give two months' notice from the start of the tenancy, which raises the risk of void periods and makes forecasting harder. And tenant selection matters more, because the loss of Section 21 means a difficult tenancy can now be ended only on a proven ground through the courts, which takes time. Landlords planning a possession case should understand how long an eviction now takes through the courts. The response is not to resist the structure but to set up each tenancy carefully, document it well, and keep the records that support a possession ground if one is ever needed.
Served notices, tenancy agreements and compliance certificates all need to be stored and retrievable if a possession claim is ever challenged. August's document management keeps them in one place.
For the dates each of these changes took effect and the penalties for getting them wrong, see Part 4 on implementation and enforcement. Rent increases now follow a single statutory route, which is covered in full in Part 3. This page is part of August's full guide to the Renters' Rights Act.
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