Most rented homes in England and Wales are let under assured shorthold tenancies (ASTs). Traditionally, landlords or letting agents seeking possession have relied on one of two legal routes: serving a Section 8 notice, which depends on specific mandatory or discretionary grounds, or serving a Section 21 notice for “no-fault” evictions. However, Section 21 notices will no longer be available after 30 April 2026, following the introduction of the Renters’ Rights Act (RRA). This upcoming change significantly alters the way landlords can regain possession.
What Happens When a Tenant Refuses to Leave?
Even after serving the correct notice and following all pre-notice procedures, tenants may still refuse to vacate. Under Section 3 of the Protection from Eviction Act 1977, no tenant can be legally removed without a court order. Pursuing possession through the courts is unavoidable in these situations and can involve substantial, often irrecoverable costs.
Tenants can challenge possession claims in court. Depending on their defence, a landlord may be denied possession or see the possession date postponed. Even after a possession order is granted, there is no guarantee the tenant will leave immediately. A warrant of possession must be obtained to involve bailiffs. Additionally, properties may not be left in ideal condition, leaving landlords or agents to deal with deposit disputes, dilapidations, or other repairs—adding time, cost, and administrative work.
How the Renters’ Rights Act Changes Possession
The Renters’ Rights Act 2025, effective 1 May 2026, abolishes ASTs and Section 21 “no-fault” evictions. Existing ASTs will automatically convert to assured periodic tenancies, meaning landlords will only be able to regain possession if they can rely on at least one of the grounds listed in the amended Schedule 2 of the Housing Act 1988. Experts suggest that this will make possession cases more challenging, giving tenants greater protection and requiring landlords and agents to be more strategic in their approach.
Taking Action Before the RRA Takes Effect
Landlords should consider acting before the RRA is implemented. If a tenant is in breach of the tenancy, check whether any Schedule 2 grounds could be relied upon once the RRA takes effect. If no grounds currently exist, it may be wise to serve a Section 21 notice now, ensuring all legal requirements are met. This includes deposit protection, EPC compliance, and providing tenants with the “How to Rent” guide. Seeking professional advice can ensure notices are valid and compliant.
Voluntary agreements can also be effective in regaining possession. Offering tenants a financial incentive or conditional rent-free period to leave by an agreed date can often avoid costly court proceedings. Being flexible with additional time for tenants to secure alternative housing may also save landlords money and help maintain positive relationships.
Managing Rent and Tenant Risk
Proper referencing of tenants remains crucial to avoid problems with rent arrears or undesirable tenants. While the RRA limits the collection of rent in advance, landlords may explore legally compliant guarantor arrangements or third-party payment methods to secure income. Careful planning is essential to ensure all arrangements comply with new regulations and avoid potential penalties.
For landlords wishing to retain good tenants, incentivising them to stay can be more cost-effective than seeking possession. Addressing issues promptly, keeping rent increases reasonable, and maintaining strong communication encourages tenants to remain in place and reduces disputes. Agents should also maintain detailed records of any tenant-related issues, which may support possession claims in the future.
Preparing for the Future
The landscape of the private rented sector is set to change dramatically in 2026. Landlords and agents must stay informed about legal reforms and consider taking early action where appropriate. Whether seeking possession or managing existing tenants, proactive property management and preparation are key to navigating the new rules successfully.
By understanding the changes, reviewing tenancy agreements, and planning ahead, landlords can protect their properties and minimise potential legal complications. With careful management, the transition into the RRA era can be smooth, and landlords can continue to operate effectively while remaining fully compliant with the law.
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