How will you evict a tenant when the Righters Rights Act is in force?

The Government has issued new guidelines on evicting tenants after 1 May 2026 when the Act comes into force.

The landscape of residential letting in England is about to change significantly. From 1 May 2026, the government’s new eviction framework will come fully into force, introducing sweeping reforms designed to strengthen tenant security while reshaping how landlords regain possession of their properties.

New official guidance has now been issued through GOV.UK, setting out how the new possession process will operate in practice and what landlords must do to comply with the new rules. Failing to do so could stymie any eviction claim.

For landlords, these changes represent quite a shift in how your tenancies are managed, how your possession actions are planned, and how you comply with the new rules. This guide aims to explain the main requirements and outline the practical steps you, as a private landlord or letting agent, will need to proceed when seeking to evict tenants on or after 1 May 2026.

Remember, this article applies primarily to England and is not a full interpretation of the law. Always seek professional advice before making or not making decisions. Use this guide as a starting point for your research, not an endpoint.

The End of “No-Fault” Evictions

Perhaps the most significant reform is the abolition of so-called “no-fault” Section 21 eviction. Up until 1 May landlords can still serve Section 21 notices and use the old system, but after that date landlords can only regain possession of a property by proving tenant wrongdoing using the new grounds under Section 8 of the Housing Act 1988.

Landlords will from May onwards rely solely on specific statutory grounds for possession – some of which are mandatory (the judge is obliged to issue a possession order if proven) and some are discretionary (where the judge may use judgement). In simple terms, eviction will be harder to achieve, only possible where you can demonstrate a recognised and legally defined reason why the tenant should be removed.

This change is intended to prevent landlords from arbitrarily serving notice. It provides tenants with greater long-term stability and security of tenure which will particularly help families with children at local schools.

It means that landlords must adopt a structured, evidence-based approach when considering possession action. Evictions will effectively become a legal process requiring a real reason for eviction, justification rather than a purely an administrative decision.

Periodic tenancies

Another major reform is the shift from fixed-term tenancies to periodic (continuous) tenancies as the standard form of residential letting in England. All fixed-term assured shorthold tenancies will automatically be replaced by these rolling tenancy agreements.

For landlords, this removes the certainty of a fixed end date when possession could traditionally be regained if the parties so wished. Instead, landlords must rely on Section 8 statutory possession grounds at any stage during the tenancy, whereas the tenant will end the tenancy simply by serving on the landlord a notice to leave – note this two-month notice must end on a rent day so in practice it may be more than two months’ notice.

All this means is that tenancy management cannot be a casual affair, it must be proactively managed. Under the new rules landlords will need to monitor tenant behaviour closely and document everything – keeping copies of all relevant documents and communications with tenants.

Serving a possession notice under the new rules

From 1 May 2026, landlords must use a revised statutory notice known as Form 3A when seeking possession – yet to be provided. The accuracy of this notice is critical. Even minor errors in completion or service may invalidate the claim and force landlords to restart the process, wasting valuable time.

The notice must specify four things:

The ground or grounds for possession being relied upon
The full legal wording of each ground
The correct notice period
The date court proceedings may begin

Failure to follow these requirements precisely is likely to result in delays or dismissal of possession claims.

Possession grounds fall into two categories as explained above: mandatory and discretionary.

Mandatory grounds are where when proven, courts must grant possession. These typically include situations such as anti-social behaviour, serious rent arrears or when a landlord wants to sell or occupy the property.

Discretionary grounds leave judges with the power to refuse possession if an eviction is considered unreasonable. Examples may include tenant conduct issues or breaches of tenancy conditions which don’t fall under the serious category in the judge’s opinion.

From a landlord’s perspective, discretionary grounds carry the greater risk. Without strong supporting evidence and a well-documented tenancy history of bad behaviour, eviction actions are likely to fail.

Notice periods and timing restrictions

Different possession grounds carry different minimum notice periods, all of which can be found in the original Guide to the Renters’ Rights Act. Some grounds require relatively short notice, while others may require longer lead-in times.

In addition, some grounds cannot be used during the early stages of a tenancy. For example, grounds based on a landlord wishing to sell or move into the property won’t operate during the first year of occupation.

These timing restrictions mean landlords must plan their property strategies carefully. Decisions about selling, redevelopment or personal occupation should ideally be carefully considered before they rent to a new tenant.

Deposit compliance becomes critical

The deposit protection rules remain a central compliance requirement under the new regime. Courts may refuse possession if landlords have failed to:

Protect the deposit in an approved scheme within 30 days of receiving it
Provide tenants with the deposit prescribed information
Resolve deposit disputes as appropriate

The possession claim may proceed where the deposit has been returned to the tenant, in full or with any deductions that have been agreed between the parties.

These requirements are not new, they applied under Section 21, but under the new system they continue to operate as a blocking issue. A landlord who fails to comply “to the letter” risks losing the ability to regain possession, regardless of proven underlying eviction grounds.

How to start court proceedings

If a tenant does not leave following service of a valid possession notice, landlords must apply to the local county court for a possession order.

You can progress this as a litigant in person (LIP) or enlist the services of a solicitor to represent you, it’s your decision. A litigant in person must comply with the rules and practice directions contained in the CPR. Landlords would be well advised to consult an eviction specialist such as Landlord Action - https://www.landlordaction.co.uk/

Claims for possession may be initiated online if they are for rent arrears. Landlords may use the Possession Claim Online service where eviction is based solely on rent arrears grounds which allows claims to be issued electronically and it may streamline the process.

For possession claims based on other grounds, landlords must currently use traditional court application forms and submit them through the county court system. Regardless of the route chosen, landlords must provide comprehensive supporting evidence.

This evidence will include such things as tenancy agreements, rent schedules, bank statements showing rent payments and missed rent payments, correspondence records, witness statements, or marketing evidence where sale of the property is claimed as the reason for possession.

You as a landlord will be able to use these methods for any grounds you are using in your possession notice. You will need to fill in the paper standard possession claim form (N5) and the particulars of claim form (N119). A new version of Form N5 will be published before 1 May 2026.

You will also need to post, email or deliver the forms to the county court that covers housing in your area (see the Courts and tribunal website). You can also include a certificate of service (N215) form to give details about who you served notice on and how and when you did this.

One issue that may affect the date of a court hearing is the workload on county courts – there can be considerable delays with some courts, as things currently stand.

If you send your claim by email, you will need to follow the rules on what you can send: you can only send one email, it must not be bigger than 10 megabytes including attachments and the email and attachments must not be longer than 25 pages when printed.

Currently it costs £404 to apply to the court and you can apply for help with court fees either online or on paper before you make a possession claim via paper.

What’s the document procedure?

The court sends your tenant a copy of your application and any other documents and you receive a notice of issue with your claim number – keep it safe for all future correspondence

A date will be set for the possession hearing. If your tenant decides to defend the possession proceedings, they must send a defence to the court within 14 days of being served with the claim papers. In their defence they must explain why they think they should not be evicted.

The court will in turn send you a copy of their defence, and you may want to seek legal advice at this point. Then, at least 14 days before the hearing, you should send a copy of all case documents to the court at the address provided including a copy of the tenant’s defence if they submitted one.

How will court hearing proceed?

Possession hearings normally take place in the county court near to the property. This is normally a relatively informal hearing where both landlord and the tenant are entitled to present their case to the sitting judge.

The key to any successful court appearance, whether in person or represented, is to present your case information in a clear and succinct manner, sticking to the facts and avoiding waffle or getting into verbal arguments with the tenant. Paperwork needs to be detailed and well organised so the judge can decipher it easily – judges have a busy schedule and don’t want to be bogged down with unnecessary rambling detail.

The conclusion may be an outright possession order (warrant) being issued, requiring the tenant to vacate by a specified date, or alternatively an adjournment for another hearing date, a suspended possession order, which usually allows the tenant to remain in occupation provided certain conditions are met over a period, such as making up arrears, or in the worst case the claim may be dismissed if legal requirements are not met.

Judges are extremely pernickety about fine detail. The case may be dismissed if there are mistakes in the forms, you have not followed the correct procedure; you or your representative did not attend the hearing; the judge decides that the ground has not been proved, or your tenants have paid rent that was owed. There is always the possibility you may be ordered to pay the tenant’s legal costs to defend the claim if you lose.

Judges retain discretion to extend possession timelines where an eviction would cause exceptional hardship. This means landlords must anticipate potential eviction delays, particularly in the case of vulnerable tenants.

Providing evidence

You must provide evidence to prove the grounds you’re using to seek possession. Depending on the ground(s) you used, this might include:

a statement or schedule and possibly your bank statements showing rent owed by the tenant
evidence of antisocial behaviour, like witness statements, police reports or documents showing a serious offence or breach of a court order
inventory and pictures showing damage to the property
correspondence and diarised evidence of communications with the tenant
evidence that you intend to sell the property, which could include proof that you have instructed an estate agent
evidence that the tenant has breached the terms of the tenancy agreement. For example, a copy of a property listing showing that the tenant has sublet the property

There is guidance here on the grounds for possession which you will use on and on or after 1 May 2026.

Enforcing possession orders

Unfortunately for landlords obtaining a possession order may not be the end of their troubles.

If tenants fail to leave after a possession order is granted, landlords must apply for enforcement through the court bailiff service.

Bailiffs will attend the property and legally remove occupants if necessary. Landlords must not attempt to evict tenants themselves. Unlawful eviction remains a serious criminal offence and can result in substantial fines and reputational damage.

Where possession proceedings include rent arrears claims, courts may also issue money orders, County Court Judgments (CCJs) enabling landlords to pursue debt recovery.

Landlords should be aware that there is also the possibility that there are long delays because of the workload on the local county court bailiffs.

Tenant appeals

Tenants have the right to challenge possession proceedings. They may apply to set aside court orders or request suspension of enforcement warrants. Many tenant defences rely on technical or procedural errors made by the landlord or representatives rather than disputing the landlord’s underlying claim.

Mistakes can be numerous in nature which can be routed out as loopholes by diligent tenants or their solicitors. Common technical mistakes include things like incorrect notice wording, wrong notice periods, faulty service methods or deposit rules compliance failures etc.

It will be key to success in eviction claims that landlords maintain detailed records throughout a tenancy and ensure strict compliance with all the statutory rules.

Transferring to the High Court

You can apply to transfer your case to the High Court for faster enforcement, but it will cost you more. You will need permission from the county court using form N244 (unless already granted, in which case you should use form N293A. You will get a writ of possession instead of a warrant, which allows High Court enforcement officers to evict your tenant.  It currently costs £123 to apply for a transfer and £80 to seal the writ (plus High Court enforcement fees). 

A practical compliance checklist

To achieve a successful eviction, landlords need to adopt a structured approach:

Confirm tenancy type and the start date
Decide whether to represent yourself, use a solicitor or an eviction specialist
Ensure that you have fully complied with the deposit protection rules and other tenancy regulations
Clearly identify the correct statutory possession grounds
Make sure you have solid evidence to back up your grounds
Calculate and apply correct notice periods
Serve Form 3A accurately and retain proof of service
Compile concise supporting evidence before the court application
Choose the correct court claim route
Prepare thoroughly for the possession hearings
Monitor enforcement deadlines
Keep full written records of tenant interactions

Landlords who treat possession proceedings as a documented legal process rather than an informal dispute resolution exercise are far more likely to succeed.

The real impact on landlords

The new framework will without doubt increase the burden on private landlords in England. Possession cases will take longer, possibly much longer, they will involve more documentation, a court hearing and strong evidence will be crucial.

Landlords will need to adopt robust tenancy management practices, maintaining accurate records, planning strategically should the need arise to regain possession when legitimate reasons arise.

In the residential private rented sector, rather like the commercial property sector has been for many years under the Landlord and Tenant Act 1954, possession will no longer be an exit strategy of convenience as it was under Section 21.

Final thoughts

The coming reforms on 1 May 2026 represent one of the most significant overhauls of the private rented sector (PRS) legislation in decades. These changes are intended to improve tenant security; they also raise the standards by which private landlords must operate.

Preparation and attention to detail is essential. Landlords should have good record-keeping systems and familiarise themselves with the new statutory possession grounds well before the implementation date.

For more detail read this document carefully:

Official landlord possession guidance, GOV.UK
https://www.gov.uk/guidance/renting-out-your-property-guidance-for-landlords-and-letting-agents/repossessing-your-privately-rented-property-on-or-after-1-may-2026

[Main image credit: Katrin Bolovtsova]