The Renters’ Rights Act has fundamentally changed how landlords in England regain possession of their properties. With Section 21 no longer available, ending a tenancy to sell a property or move back into it now follows a different legal process. Understanding the rules is essential to avoid unnecessary delays, disputes or rejected possession claims.
For landlords, these changes mean careful planning has become more important than ever. A genuine reason for recovering possession is no longer enough on its own. Every step must comply with the legislation, from selecting the correct possession ground to serving the appropriate notice and following court procedures where required.
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How the Renters’ Rights Act has changed tenancy endings
The Renters’ Rights Act has replaced assured shorthold tenancies with periodic tenancies. This means landlords can no longer rely on fixed terms ending automatically or use Section 21 to regain possession without providing a reason.
Instead, landlords must use one of the statutory grounds for possession set out in the legislation. When selling a property or moving back into it, specific grounds apply, and each comes with strict conditions.
These changes are designed to give tenants greater security while ensuring landlords can still recover possession when they have a legitimate reason.
Which possession grounds apply?
Understanding the latest rules before serving notice can help landlords avoid unnecessary costs and delays.
Ground 1 for moving back into the property
Ground 1 allows landlords to regain possession if they or a close family member intend to live in the property as their only or main home. It cannot be used during the first 12 months of a tenancy, and landlords must give at least four months’ notice before applying to the court if the tenant does not leave. They should also be able to demonstrate that their intention to move in is genuine if required.
Ground 1A for selling a property
Ground 1A allows landlords to regain possession if they intend to sell their rental property. Like Ground 1, it cannot be used during the first 12 months of a tenancy, and at least four months’ notice must be given before court proceedings can begin. Landlords should also be able to show they have a genuine intention to sell.
Related: How Landlords Can Manage Tenant Risk Without Upfront Rent
Common mistakes landlords should avoid
Many possession claims are delayed because of avoidable errors rather than the reason for seeking possession itself. Even minor administrative errors can result in notices being declared invalid, forcing landlords to begin the process again. Some of the most common mistakes include:
- Serving notice before the protected period ends
- Using the wrong ground for possession
- Giving an incorrect notice period
- Completing paperwork inaccurately or incompletely
- Assuming notice alone ends the tenancy
- Starting the process without professional advice
Preparing your documentation
A successful possession claim often depends on accurate record keeping. Before serving notice, landlords should ensure they have clear documentation, including the tenancy agreement, communication records and evidence supporting their reason for possession. Whether planning to move back into the property or sell it, maintaining proof of genuine intention can help demonstrate compliance if the claim is challenged.
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The role of the court process
If a tenant does not leave after the notice period expires, landlords must apply to the court for a possession order. Unlike the former Section 21 process, landlords now need to rely on a valid statutory possession ground, such as Ground 1 or Ground 1A, and demonstrate that all legal requirements have been met. Accurate documentation and compliance with the legislation can help avoid delays or rejected claims.
A compliance checklist before ending a tenancy
Following a structured process can help reduce delays and improve the likelihood of a successful possession claim.
- Confirm that the tenancy has passed the 12-month protected period.
- Check that Ground 1 or Ground 1A is the correct possession ground.
- Ensure your reason for seeking possession is genuine and supported by evidence.
- Serve the correct notice, allowing at least four months.
- Keep copies of all correspondence and documentation.
- Be prepared to apply to the court if the tenant does not leave after the notice period.
Why professional property management makes a difference
The Renters’ Rights Act has made compliance a central part of effective property management. From selecting the correct possession ground and serving the right notice to meeting all legal requirements, landlords must ensure every step is handled correctly. Professional property management provides expert guidance throughout the process, helping landlords stay compliant, avoid costly mistakes and navigate legislative changes with confidence. Whether you own a single rental property or a larger portfolio, expert support can save time, reduce stress and help protect your investment.
Need help ending a tenancy?
If you’re thinking about ending a tenancy, getting the process right from the outset can save time and prevent unnecessary delays. Country Properties can guide you through the latest legal requirements and help you regain possession in line with current legislation. Speak to your local branch to discuss your next steps.
