The Renters’ Rights Act introduces a new approach to possession in the private rented sector. From May 2026, landlords in England will only be able to regain possession where a valid statutory ground applies, following updated government guidance issued to support preparation across the sector.
Under the new rules, landlords must identify the correct ground, serve the required notice period, and apply to the court if the tenant remains in occupation once that notice expires. In some cases, more than one ground may be relied upon within the same claim. In every situation, a possession order cannot be granted unless the tenant’s deposit has been protected in a government-approved tenancy deposit scheme.
The possession grounds themselves are grouped into two categories. Mandatory grounds, where the court must grant possession once the landlord proves the ground applies, and discretionary grounds, where the court will decide whether possession is reasonable based on the circumstances.
Mandatory grounds
Ground 1
It can be used if you or a close family member needs to live there, but not in the first 12 months of the tenancy. You can move in only after possession has been granted. Notice to be given: 4 months
Ground 1A
If you have a genuine intention to sell the property, you can seek possession, but not within the first 12 months of a new tenancy; social landlords/PRPs cannot rely on this ground until 2027. Notice to be given: 4 months
Ground 1B
This ground is only for Rent to Buy properties, and can be relied on where the tenant has been offered the chance to buy at the end of the scheme, but does not do so; social landlords/PRPs cannot rely on it until 2027. Notice to be given: 4 months
Ground 2
Where a lender needs possession to sell the property because mortgage payments have been missed, they can seek possession, and the tenant must leave on the date set by the court. Notice to be given: 4 months
Ground 2ZA
Where you sublet under a superior lease that is ending within 12 months, this ground can only be relied on if you are an agricultural landlord, provide supported accommodation, or represent a company that is at least 50% council-owned; social landlords cannot rely on this ground until 2027. Notice to be given: 4 months
Ground 2ZB
Where you sublet under a superior lease that was for a fixed term of more than 21 years, and that lease is ending, has ended, or will not be extended within 12 months, you can seek possession on this ground. Notice to be given: 4 months
Ground 2ZC
After a superior lease ends, the landlord under that lease can become your tenant’s landlord and apply to court for possession, but only where you originally let the property on an assured tenancy and you were an agricultural landlord, a supported accommodation provider, a company at least 50% council-owned, or a PRP; the notice must be served by the superior landlord, and where the original landlord was social, this ground cannot be relied on until 2027. Notice to be given: 4 months
Ground 2ZD
This ground applies where a superior lease originally granted for more than 21 years has come to an end. The superior landlord may seek possession, provided an application is made within 6 months of the lease reverting. Notice to be given: 4 months
Ground 4
This ground can only be used by universities and colleges for student accommodation, and only where the property has been let to students within the 12 months before the tenancy began. Notice to be given: 2 weeks
Ground 4A
If your property is a student HMO and is needed for a new group of full-time students in line with the academic year between 1 June and 30 September, you can seek possession, but only if the tenancy was not agreed more than six months before it began and you gave advance notice that you intended to rely on this ground. Notice to be given: 4 months
Ground 5
Where the property is primarily used to house a minister of religion and is needed for that purpose again, you can seek possession on this ground. Notice to be given: 2 months
Ground 5A
Where you need the property to house an employed or self-employed agricultural worker, you can seek possession on this ground. Notice to be given: 2 months
Ground 5B
Where the property was let to a tenant because they met specific employment requirements (for example, key worker criteria) and they no longer meet those requirements, you can seek possession so the home can be let to someone who does; social landlords/PRPs cannot rely on this ground until 2027. Notice to be given: 2 months
Ground 5C
Where a tenant was provided accommodation because of their employment with the landlord, possession may be sought if that employment ends. This also applies where the property is required for a replacement employee, or where the tenant is a police constable not classed as an employee. Notice to be given: 2 months
Ground 5D
Where a social landlord or PRP has let a property based on employment criteria and the tenant no longer meets those conditions, possession can be sought on this ground, but only from 2027 when the changes apply to the social rented sector. Notice to be given: 2 months
Ground 5E
If the property is usually used as supported accommodation and is to be rented out as supported accommodation again, you can seek possession on this ground, but not if the tenant needs the property for supported accommodation. Notice to be given: 4 weeks
Ground 5F
This ground may be used where supported accommodation can no longer be provided because support has stopped, funding has ended, or the property is no longer appropriate due to changes in the tenant’s support needs. Notice to be given: 4 weeks
Ground 5G
If the property was used as temporary accommodation for statutory homelessness duty and the council has told you it is no longer needed, you can seek possession, but you must start the process within 12 months of being notified; social landlords/PRPs cannot rely on this ground until 2027. Notice to be given: 4 weeks
Ground 5H
If the tenancy was granted as stepping-stone accommodation with lower rent and eligibility criteria (such as being within a certain age range and/or in work or actively seeking work), you can seek possession if the tenant no longer meets the criteria or if the agreed stepping-stone period has ended; social landlords/PRPs cannot rely on this ground until 2027. Notice to be given: 2 months
Ground 6
If you need to redevelop or demolish the property and the tenant cannot live there while the work is carried out, you can seek possession on this ground, though it is usually not available in the first six months of a tenancy; social landlords may need to provide suitable alternative accommodation unless the tenant was warned before the tenancy began, and social landlords/PRPs cannot rely on this ground until 2027. Notice to be given: 4 months
Ground 6A
If you are a social landlord and your tenant has been living in decant accommodation because their original home was or is being redeveloped, you can seek possession on this ground from 2027, as long as suitable alternative accommodation is available for them. Notice to be given: 4 months
Ground 6B
If a court requires possession to be regained as a result of enforcement action for a legal breach, the landlord may rely on this ground. In some cases, the court may also require compensation to be paid. Notice to be given: 4 months
Ground 7
If someone inherits the tenancy but was not living in the property immediately before the tenant died, you can seek possession, usually within 12 months of the death; social landlords/PRPs cannot rely on this ground until 2027. Notice to be given: 2 months
Ground 7A
If the tenant, household member, or visitor is convicted of a serious crime, breaches an antisocial behaviour order, or a closure order blocks access for 48+ hours, you can apply immediately, but any possession order cannot take effect until 14 days after notice is served. Notice to be given: none
Ground 7B
If the Secretary of State notifies you that your tenant has no Right to Rent under immigration law, you can seek possession on this ground. Notice to be given: 2 weeks
Ground 8
If your tenant owes at least 3 months’ rent (monthly) or 13 weeks’ rent (weekly or fortnightly) on both the notice date and the hearing date, you can seek possession under this mandatory ground; it will fail if arrears drop below that level by the hearing, and arrears caused solely by delayed Universal Credit do not count. Notice to be given: 4 weeks
Discretionary grounds
Ground 9
If your tenant has been offered suitable alternative accommodation, you can seek possession on this ground, but the court will decide whether eviction is reasonable. Notice to be given: 2 months
Ground 10
If your tenant owes you rent, you can seek possession before they owe 3 months’ rent, but the court will only grant possession if it considers eviction reasonable. Notice to be given: 4 weeks
Ground 11
If your tenant has repeatedly delayed paying rent, you can try to evict them, but you must give notice before applying to court. Notice to be given: 4 weeks
Ground 12
If your tenant has broken one or more tenancy terms that are not related to rent, you can try to evict them, but you must give notice before applying to court. Notice to be given: 2 weeks
Ground 13
If your tenant has allowed the condition of the property to get worse, you can try to evict them, but you must give notice before applying to court. Notice to be given: 2 weeks
Ground 14
If your tenant, someone living with them, or a visitor commits antisocial behaviour, or commits a serious offence in or near the property, you can apply to the court straight away, but the court cannot make a possession order until 14 days after notice is served. Notice to be given: none
Ground 14A
Possession may be sought where a tenant has committed domestic abuse, but only where the victim has left the property and is unlikely to return. Social landlords and PRPs cannot rely on this ground until 2027. Notice to be given: 2 weeks
Ground 14ZA
If your tenant or another adult living with them has been convicted of an offence committed during a riot, you can try to evict them, but you must give notice before applying to court. Notice to be given: 2 weeks
Ground 15
If your tenant has allowed the condition of the furniture to get worse, you can try to evict them, but you must give notice before applying to court. Notice to be given: 2 weeks
Ground 17
If your tenant, or someone acting on their behalf, gave false information to get the property, you can try to evict them, but you must give notice before applying to court. Notice to be given: 2 weeks
Ground 18
If your tenant is in supported accommodation and does not engage with the support, you can try to evict them, but you must give notice before applying to court. Notice to be given: 4 weeks
What these changes mean for landlords
The Renters’ Rights Act introduces a more structured and tightly defined approach to possession, requiring landlords to be clear on both the grounds they rely on and the steps they follow. From May 2026, accuracy around notice periods and eligibility will be essential before a possession claim can proceed.
With multiple grounds available, each carrying different conditions, early understanding of the new rules will help landlords prepare more effectively and reduce the risk of delays or failed claims. Whitegates can support landlords in navigating the changes introduced by the Renters’ Rights Act and ensuring possession is approached correctly under the new framework.
