Written by Daniel Andrews, Partner & Solicitor, Cramp & Mullaney LLP
Last reviewed: April 2026
This is one of the questions we are asked most often by tenants who have heard about the Renters’ Rights Act but are not sure what it actually means for them day to day. The short answer is yes, a landlord can still seek possession of their property after 1 May 2026, but only where they can establish a specific legal reason for doing so and obtain a court order. The days of being asked to leave with no explanation are over.
The Fundamental Change
Before 1 May 2026, a landlord could end your tenancy simply by serving a Section 21 notice with two months’ notice, provided their compliance paperwork was in order. No reason was required. No court hearing was needed in most cases. That power no longer exists for notices served after 30 April 2026.
From 1 May 2026, a landlord who wants to recover their property must identify a specific legal ground for possession under Section 8 of the Housing Act 1988, serve a formal notice on the new Form 3A with the correct notice period, and if you do not leave voluntarily, apply to court for a possession order. You have the right to attend that court hearing and to challenge the landlord’s claim. The court must be satisfied that the ground is genuinely made out before it can order you to leave.
The Main Grounds for Possession You Should Know About
Ground 8 covers serious rent arrears. For this mandatory ground to apply, you must be at least three months in arrears both when the notice is served and when the case is heard in court. The landlord must give you four weeks’ notice. If you can reduce your arrears to below three months before the court date, the mandatory ground no longer applies, though the court still has discretion to consider whether possession is appropriate.
Ground 1A applies where the landlord genuinely intends to sell the property. They must give four months’ notice, they cannot use this ground during the first 12 months of your tenancy, and if they recover possession on this basis and then re-let the property rather than selling it, they face significant legal consequences including the possibility of a Rent Repayment Order of up to 24 months’ rent.
Ground 1 applies where the landlord or a close family member genuinely intends to occupy the property as their principal home. Again, four months’ notice is required and the ground cannot be used in the first 12 months of the tenancy.
Ground 14 is a discretionary ground for anti-social behaviour. Two weeks’ notice is required, and the court will assess whether possession is reasonable in the circumstances.
A Notice Is Not a Court Order
This point is worth emphasising because it is one that many tenants misunderstand. If your landlord serves you with a notice under Section 8, you are not legally required to leave when the notice period expires. The landlord must then make an application to court, a hearing must be listed, and a judge must grant a possession order before you can be required to vacate. The court process typically takes several months. If you leave your home based on a notice alone without taking legal advice, you may be giving up rights and protections you were entitled to.
If you receive any kind of eviction notice and are uncertain about your position, please contact us before you make any decisions about leaving. We act for tenants in possession proceedings and housing disputes across London and the South East.
Cramp & Mullaney LLP advises landlords and tenants across London and the South East on the Renters' Rights Act 2025 and all aspects of landlord and tenant law. If you would like to discuss your situation, please call our Eastbourne office on 01323 720581 or our Battle office on 01424 533222. We offer a fixed fee 30-minute initial consultation.
This article is for general information only and does not constitute legal advice. If you need advice about your specific situation, please contact Cramp & Mullaney LLP on 01323 720581 (Eastbourne) or 01424 533222 (Battle), or email us at info@cmlaw.co.uk. We are authorised and regulated by the Solicitors Regulation Authority (SRA No. 598851).
