From May 2026, landlords will face a major change in how they regain possession. Private landlords in England will no longer be able to bring a tenancy to an end using a no-fault notice, and will instead need to rely on one or more specific legal grounds introduced under the Renters’ Rights Act. To support landlords and letting agents through the transition, the government has published updated guidance explaining how the new possession process is expected to operate in practice.
Under the new approach, a possession claim starts with the ground itself. You will need to identify the ground, or combination of grounds, that matches your situation, then serve notice using the correct notice period linked to those grounds. If the tenant remains in the property once that notice has expired, you can proceed straight to issuing a court claim for possession.
One requirement applies across the board: the court cannot grant a possession order unless the tenant’s deposit has been correctly protected in a government-approved tenancy deposit scheme.
The grounds fall into two main types: mandatory and discretionary. Mandatory grounds leave the court with little room to manoeuvre, because once the ground is proven, possession must be granted. Discretionary grounds give the judge more scope to consider the wider circumstances, meaning possession will only be ordered where it is reasonable to do so.
Mandatory grounds
Ground 1
You can use this ground where you, or a close family member, need to move into the property, but not during the first 12 months of the tenancy, and you can only take up occupation once 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 restricted to Rent to Buy properties and can be used where the tenant is offered the option to purchase at the end of the scheme but does not take it up. Social landlords and PRPs will not be able to use this ground until 2027. Notice to be given: 4 months
Ground 2
If a lender needs to take back the property to sell it because mortgage payments have fallen into arrears, they can apply for possession, and the tenant will be required to leave on the date ordered by the court. Notice to be given: 4 months
Ground 2ZA
Where you sublet under a superior lease that is due to end within 12 months, you can only rely on this ground if you are an agricultural landlord, a supported accommodation provider, or a company that is at least 50% council-owned. Social landlords cannot use 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
Once a superior lease has come to an end, the landlord under that lease can effectively step into your shoes as your tenant’s landlord and apply to the court for possession. This is only possible where the original letting to the tenant was an assured tenancy and you were an agricultural landlord, a supported accommodation provider, a company that is at least 50% council-owned, or a PRP. The notice must be served by the superior landlord, and where the original landlord was a social landlord, this ground cannot be used until 2027. Notice to be given: 4 months
Ground 2ZD
Where the superior lease was granted for a fixed term of more than 21 years and has come to an end, the superior landlord can apply for possession, but must issue court proceedings within six months of the lease reverting to them. 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 at some point in the 12 months before the tenancy began. Notice to be given: 2 weeks
Ground 4A
If your property is a student HMO and you need it for a new group of full-time students for the next academic year (between 1 June and 30 September), you can use this ground to seek possession. This is only available where the tenancy was not agreed more than six months before it started, and the tenant was warned that you might rely on this ground. Notice to be given: 4 months
Ground 5
If the property is mainly used to house a minister of religion and is required for that purpose again, you can seek possession under this ground. Notice to be given: 2 months
Ground 5A
If you require the property to accommodate an employed or self-employed agricultural worker, you can seek possession using 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
If the tenant was housed because they were employed by you, you can seek possession if their employment ends; this also applies where the tenancy was not intended to last for the full length of employment and the property is needed for a new employee, and where the home is let to police constables who are not classed as employees. Notice to be given: 2 months
Ground 5D
Where a social landlord or PRP has let a property based on specific employment criteria and the tenant no longer meets those requirements, possession can be sought under this ground, but only from 2027, when the new rules are extended to the social rented sector. Notice to be given: 2 months
Ground 5E
If the property is generally used as supported accommodation and is required for that use again, you can rely on this ground to seek possession, but not where the existing tenant still needs that particular property as supported accommodation. Notice to be given: 4 weeks
Ground 5F
If you rented out your property as supported accommodation, you can seek possession on this ground where the support has stopped, or funding has ended, or the accommodation is no longer suitable because the tenant’s support needs have changed. 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 you to take back the property following enforcement action for a legal breach, you can seek possession and may be ordered to pay compensation. Notice to be given: 4 months
Ground 7
If a person inherits the tenancy but was not living in the property immediately before the tenant’s death, you can seek possession, typically within 12 months of the date of death. Social landlords and PRPs will not be able to rely on this ground until 2027. Notice to be given: 2 months
Ground 7A
If the tenant, household member, or visitor is convicted of 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 apply for possession on this ground, but the court will still decide whether it is reasonable to grant eviction. Notice to be given: 2 months
Ground 10
If your tenant has fallen into rent arrears, you can apply for possession before the debt reaches 3 months’ rent, but the court will only make a possession order if it decides that eviction is reasonable in the circumstances. Notice to be given: 4 weeks
Ground 11
If your tenant regularly pays the rent late, you may be able to seek eviction on this ground, but you must serve notice before making a court application. Notice to be given: 4 weeks
Ground 12
If your tenant has broken one or more tenancy conditions that are not rent-related, you can seek eviction on this ground, but you must serve notice before applying to the court. Notice to be given: 2 weeks
Ground 13
If your tenant has allowed the condition of the property to deteriorate, you can seek eviction on this ground, but you must serve notice before applying to the 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
If your tenant has carried out domestic abuse, you can try to evict them, but only where their partner or someone living with them has left and is unlikely to return; social landlords/PRPs cannot rely on this ground until 2027. Notice to be given: 2 weeks
Ground 14ZA
If your tenant, or another adult living at the property, is convicted of an offence connected to a riot, you can seek eviction on this ground, but you must serve notice before applying to the 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 offered, you can seek eviction on this ground, but you must serve notice before applying to the court. Notice to be given: 4 weeks
Support with Possession Grounds and Notices
With so many grounds and notice periods to follow, it’s easy to feel unsure about which route applies, how to structure your notice, or how best to present the facts if the matter ends up in court. A small error at the notice stage can cause delays and may even mean starting again.
Your local Ellis & Co lettings team can help you make sense of the new rules and apply them to your situation. We can talk through the most suitable ground, or combination of grounds, review your notice and supporting documents, and help ensure your paperwork is consistent and compliant before you take the next step.
For more information, you can read our guide to what the Renters’ Rights Act means for self-managing landlords and speak to your nearest Ellis & Co branch for advice shaped around your property and your long-term plans.
