The government has released new official guidance aimed at helping tenants understand how possession claims and evictions will work under the Renters’ Rights Act. The update explains the legal process landlords must follow when serving notice, as well as what tenants can expect if a case goes to court.
The guidance is designed to provide clarity ahead of the Act coming into force on 1 May, particularly around tenant rights, notice periods, and the steps involved in regaining possession of a rented property.
Purpose of the new tenant guidance
The document sets out how possession grounds will operate once the Renters’ Rights Act becomes active. It explains that landlords will only be able to end tenancies for specific legal reasons and must follow strict notice requirements depending on the ground being used.
These rules aim to ensure tenants are fully informed when a landlord seeks to regain possession, and to make the court process more transparent when disputes arise.
The guidance also encourages tenants who receive a notice to read it carefully, understand the reason for eviction, and consider whether they have a valid basis to challenge it. At the same time, tenants are advised to think about their housing options early, rather than waiting until the final stages of the process.
Legal grounds for possession and notice requirements
Under the updated framework in the Renters’ Rights Act, landlords must rely on defined grounds for possession. These may include circumstances such as selling the property or moving back into it themselves.
However, in most cases, landlords will not be permitted to evict tenants for these reasons within the first 12 months of a tenancy. This restriction is intended to provide greater stability for renters, particularly in the early stages of an agreement.
Each ground for possession also comes with a required notice period, which landlords must strictly follow before any court action can be taken.
What happens when a landlord applies to court
If a tenant does not leave after receiving a valid notice, the landlord may apply to the court for possession of the property. Once this happens, the court will issue a set of documents to the tenant.
These documents typically include a copy of the landlord’s claim, supporting evidence, and a defence form that the tenant must complete if they wish to challenge the case. The court will also provide details of the hearing date, location, and instructions on how the case will be managed.
In addition, tenants will be informed about where to access free legal advice and support once proceedings begin.
Where landlords use the online possession claims system, tenants will be given secure login details so they can access the claim electronically and submit their response.
Advice for tenants during eviction proceedings
The guidance stresses that tenants should seek help as early as possible if they receive a possession order. It warns against waiting until the final enforcement stage, such as bailiff action, before taking advice.
If a tenant remains in the property after the court has ordered possession, eviction will take place on the date and time specified in the enforcement notice.
Tenants are also reminded that they should remove all personal belongings when leaving a property. If items are left behind, landlords are expected to store them safely for a reasonable period. However, tenants may be charged for storage and related costs.
The guidance also clearly states that pets should not be left behind under any circumstances.
Deposit protection and court considerations
A significant part of the guidance focuses on tenancy deposit rules and how they affect possession claims under the Renters’ Rights Act.
Landlords must be able to prove that deposits have been correctly handled, either by placing them in an approved protection scheme or returning them to the tenant in line with legal requirements. If this cannot be demonstrated, the court may refuse to issue a possession order.
However, there are exceptions. For example, if a separate court process has already determined that deposit rules were breached, or if the possession claim is based on antisocial behaviour grounds, the court may still proceed with eviction.
The guidance also confirms that deposits must be taken in monetary form only, and any non-cash items taken as security must be returned before a possession order can be granted.
Costs and financial implications for tenants
Tenants are also warned that certain costs linked to the eviction process may be added to any outstanding debts owed to the landlord. This can include administrative or enforcement-related expenses, depending on the circumstances of the case.
While the rules around deductions from deposits remain unchanged—such as unpaid rent or utility bills—the enforcement of deposit compliance is expected to play a greater role in court decisions going forward.
Wider impact and government position
The introduction of this guidance is part of a broader effort to modernise the private rented sector and improve clarity around tenant protections. The Renters’ Rights Act aims to create a more structured and transparent system for handling possession claims while ensuring both landlords and tenants understand their legal responsibilities.
Overall, the guidance is intended to reduce confusion during eviction proceedings and ensure tenants have access to clear information and support at every stage of the process.
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