Grounds of possession: How landlords can end a tenancy

With the abolition of the section 21 process landlords will only be able to end a tenant’s right to occupy their property on the basis of limited grounds. The most common grounds upon which landlords can serve notice to evict their tenants, as well as the notice periods required, is set out below.

Mandatory grounds

If the ground is made out the Court must make a possession order:

Ground	Summary	Notice period
1. Occupation by landlord or family	The landlord or their close family member wishes to move into the property. Cannot be used for the first 12 months of a new tenancy.	Four months
1A. Sale of dwelling-house	The landlord wishes to sell the property. Cannot be used for the first 12 months of a new tenancy	Four months
2. Sale by mortgagee	The property is subject to a mortgage and the lender exercises a power of sale requiring vacant possession.	Four months
4. Student accommodation	In the 12 months prior to the start of the tenancy, the property was let to students. Can only be used by specified educational establishments.	Two weeks
5A. Occupation by agricultural worker	The landlord requires possession to house an agricultural worker, either as an employed or self-employed worker for the landlord.	Two months
5C. End of employment by the landlord	The dwelling was let as a result of the tenant’s employment by the landlord and the employment has come to an end or the tenancy was not meant to last the duration of the employment and the dwelling is required by a new employee.	Two months
6. Redevelopment	The landlord wishes to demolish or substantially redevelop the property which cannot be done with the tenant in situ. Various time limits and/or notice requirements exist for this ground depending on the circumstances.	Four months
6B. Compliance with enforcement action	The landlord is subject to enforcement action and needs to regain possession to become compliant. Under this ground, the court will be allowed to require the landlord to pay compensation to the tenant when ordering possession.	Four months
7A. Severe Anti-social and/or Criminal Behaviour	The tenant has been convicted of a type of offence listed in the ground, has breached a relevant order put in place to prevent anti-social behaviour or there is a closure order in place prohibiting access for a continuous period of more than 48 hours.	Landlords can begin proceedings immediately.
8. Rent arrears	The tenant has at least three months’ (or 13 weeks’ if rent is paid weekly or fortnightly) rent arrears both at the time notice is served and at the time of the possession hearing.	Four weeks

Discretionary grounds

If the ground is made out the Court has discretion as to whether or not they make a possession order:

Ground	Summary	Notice period
10. Any rent arrears	The tenant is in any amount of arrears.	Four weeks
11. Persistent arrears	The tenant has persistently delayed paying their rent.	Four weeks
12. Breach of tenancy	The tenant is guilty of breaching one of the terms of their tenancy agreement (other than the paying of rent).	Two weeks
13. Deterioration of property	The tenant has caused the condition of the property to deteriorate.	Two weeks
14. Anti-social behaviour	The tenant or anyone living in or visiting the property has been guilty of behaviour causing, or likely to cause, nuisance or annoyance to the landlord, a person employed in connection with housing management functions, or anyone living in, visiting or in the locality of the property. The tenant or a person living or visiting the property has been convicted of using the premises for illegal/immoral purposes, or has been convicted of an indictable offence in the locality.	Landlords can begin proceedings immediately
14A. Domestic abuse	A social landlord wishes to evict the perpetrator of domestic violence if the partner has fled and is unlikely to return.	Two weeks
15. Deterioration of furniture	The tenant has caused the condition of the furniture to deteriorate.	Two weeks
17. False statement	The tenancy was granted due to a false statement made knowingly or recklessly by the tenant or someone acting on their instigation.	Two weeks

Next steps for landlords

Before 1 May 2026

Review existing tenancy agreements to identify fixed terms and contractual break rights that will become void on commencement.
Consider whether to serve any Section 21 or Section 8 notices before 1 May 2026, ensuring proceedings are issued by 31 July 2026 at the latest.
Confirm all tenancy deposits are properly protected and prescribed information has been served.
Update template agreements to remove contractual rent review clauses.

By 31 May 2026

Provide an information sheet to all tenants under existing written tenancies.
Provide a full statement of terms to all tenants under existing oral tenancies.

Ongoing

Register on the national landlord database once introduced and ensure all property listings include the required unique identifiers.
Familiarise yourself with the updated grounds for possession, in particular the new Grounds 1 and 1A, and the increased rent arrears threshold (now three months).

Next steps for tenants

From 1 May 2026

Your tenancy will automatically convert to a periodic assured tenancy – you cannot be required to leave solely because a fixed term has expired.
Section 21 no-fault evictions are abolished. You can only be evicted on specific statutory grounds.
To end your tenancy, you must give your landlord at least two months’ written notice.

If you receive a possession notice

Check that your landlord has specified a valid ground and served the correct notice period – if not, the notice may be invalid.
Seek legal advice, particularly if you believe the ground relied upon does not apply to your situation.

Regarding rent increases

Your landlord must use the Section 13 process with at least two months’ notice – contractual rent review clauses are no longer enforceable.
You may challenge any proposed increase at the FTT before it takes effect, at no risk of a costs order if unsuccessful.
You may also challenge your rent within the first six months of a new tenancy.