With Section 21 “no-fault” evictions being phased out,landlords in England will rely far more on strengthened Section 8 grounds to regain possession. The Renters’ Rights Act 2025 received Royal Assent on 27 October 2025, with key changes due to commence by regulations during 2026. Here’s what’s coming and how to prepare.
Arrears: clearer thresholds and a new “repeated arrears” ground
The arrears regime is being tightened and clarified. Ground 8 (mandatory) will move to a higher threshold: 3 months’ rent unpaid (or 13 weeks where rent isn’t monthly) at both notice and hearing. The notice period increases to 4 weeks. Grounds 10 and 11 remain discretionary, giving judges flexibility where arrears fluctuate or communication has been poor.
Alongside these, a new “repeated arrears” ground will allow possession where a tenant has been seriously behind on rent on multiple occasions. The exact conditions will be set out in commencement regulations, so landlords should watch the details and ensure ledgers clearly show dates, amounts, and any partial payments. Importantly, while courts can consider circumstances under discretionary grounds, Ground 8 remains mandatory if the threshold is met.
Anti-social behaviour (ASB): faster routes in serious cases
The ASB framework is sharpened to tackle harm more quickly. Ground 7A remains the serious, largely mandatory route where there is qualifying behaviour (for example, certain criminal convictions or injunction-backed ASB). Timetabling is expected to be quicker for the most serious cases, but due process still applies. Ground 14 (nuisance or annoyance) continues as a discretionary ground, with the court weighing evidence and proportionality.
The practical takeaway is evidential discipline: keep dated incident logs, witness notes, photos or video (where lawfully obtained), police or council correspondence, and any injunctions. Agents should train teams to capture the impact on neighbours and common parts to support the “reasonableness” test.
Sale and occupation: mandatory routes with guardrails
Two high-profile additions are mandatory grounds to recover possession in order to sell (often described as a new Ground 1A) and for the landlord or a close family member to move in (an updated occupation ground). These are balanced by safeguards to prevent misuse. Expect a 12-month “protected period” from the start of a new tenancy during which these grounds cannot be used, and a 4-month notice period once they are available.
There will also be a re-letting restriction for a period after relying on the sale ground, designed to stop sham sales. Evidence will matter: marketing instructions, an agent’s memorandum, or a statutory declaration of intention for sale; for occupation, proof of genuine need and relationship where relevant.
What landlords and agents should do now
- Update templates and workflows: make sure Section 8 notices cite the correct grounds, new notice periods, and attach supporting evidence.
- Tighten records: arrears ledgers, communications, repair logs, and ASB incident records will be decisive. Tighten records: arrears ledgers, communications, repair logs, and ASB incident records will be decisive. Our landlord and tenant team can advise on record-keeping standards that protect your position.
- Re-set onboarding: explain the protected period, rent review rules, and early-engagement processes for arrears and conduct.
- Coordinate with lenders/insurers: check mortgage terms and policy conditions under the new regime.
- Build early-intervention pathways: payment plans, support signposting, and documented warnings can resolve issues before court proceedings.