Renters' Rights Act guide
4 of 10In force

Getting your property back

Section 21 has gone. You need a ground, the right notice, and often a court order.

Section 21 ‘no-fault’ notices ended on 1 May 2026. To get a property back you now serve a section 8 notice on the new form (Form 3A), naming one or more grounds and setting out their full wording.

Some grounds are mandatory: if you prove them, the court must order possession. Others are discretionary: the court decides whether it is reasonable.

What changed

  • Ground 1 (you or close family moving in) and Ground 1A (selling): four months' notice, and the notice cannot end within the first 12 months of the tenancy.
  • After using Ground 1 or 1A you cannot re-let or market the property to let from the day you serve notice until 12 months after the notice ends. Breaking this is a criminal offence.
  • Ground 8 (serious rent arrears): mandatory, four weeks' notice. Arrears must be at least three months' rent for a monthly let, both when you serve notice and at the hearing.
  • Ground 12 (breach of the tenancy) needs two weeks' notice. Ground 14 (anti-social behaviour) can start straight away. Both are discretionary.
  • Using a ground you do not reasonably believe you can prove is a breach. Doing it knowingly or recklessly, where the tenant then leaves, is a criminal offence.

What it means for you

  • Treat getting possession as a process measured in months. A contested case can run close to a year with court delays.
  • If you plan to sell with vacant possession, the earliest a tenant can be required to leave is twelve months into the tenancy, after four months' notice.
  • Keep evidence of your intention, such as an agent's instruction or the family member's plans. Sham use of these grounds is how landlords get caught.
  • Selling with the tenant in place avoids all of this. The tenancy simply passes to the buyer.
  • Serving notices is now easy to get wrong. It is worth having a solicitor do it.

Is your property still worth the risk?

Add your property and LEXIT shows what it leaves you after costs, mortgage and tax for each of the next ten years, including the April 2027 tax rates, and what a sale would leave you.

Talk to us about selling

General information about the law in England, checked on 4 November 2026. It is not legal advice. Rules and dates can change, and individual cases turn on their facts.

Sources: GOV.UK: Guide to the Renters' Rights Act; GOV.UK: Implementation roadmap; GOV.UK: Repossessing your property on or after 1 May 2026; Renters' Rights Act 2025 on legislation.gov.uk.