🔑 New Grounds for Possession (Section 8)
The abolition of Section 21 means that from 1st May 2026, a landlord must use a Section 8 notice and prove one of the legally specified grounds for possession in court. The grounds are divided into two main categories: Mandatory Grounds (where the judge must grant possession if the ground is proven) and Discretionary Grounds (where the judge may grant possession if it is proven and deemed reasonable).
1. Landlord-Related Mandatory Grounds (New & Reformed)
These grounds are not the tenant’s fault but address the landlord’s genuine need to repossess the property. Landlords must generally give four months’ notice for these grounds and face restrictions to prevent misuse.
| Ground | Reason for Possession | Notice Period | Key Restriction |
| Ground 1 | Landlord or Family Member Moving In | 4 Months | Cannot be used within the first 12 months of a new tenancy. |
| Ground 1A (New) | Sale of Property | 4 Months | Cannot be used within the first 12 months of a new tenancy. Must show genuine intention to market and sell. |
| Ground 6 | Redevelopment/Demolition | 4 Months | Cannot be used within the first 12 months of a new tenancy. Must show a genuine intention to market and sell. |
| Ground 2 | Mortgage Repossession | 4 Months | The lender is seeking possession to sell the property due to the landlord’s default. |
2. Tenant-Related Mandatory Grounds (Fault-Based)
These grounds relate to a tenant’s behaviour or failure to meet tenancy obligations.
| Ground | Reason for Possession | Notice Period | Key Change / Requirement |
| Ground 8 (Reformed) | Serious Rent Arrears | 4 Weeks | The arrears threshold is increased to three months’ rent (or 13 weeks if paid weekly) at both the notice service date and the court hearing date. |
| Ground 8A (New) | Repeated Serious Rent Arrears | 4 Weeks | This new ground targets tenants who repeatedly fall into significant arrears (at least two months’ rent) on three separate occasions within a three-year period, even if they clear the arrears before the hearing. |
| Ground 7A | Serious Anti-Social Behaviour/Crime | Immediate to 4 Weeks | Used for serious, proven anti-social behaviour or criminal activity in or near the property. |
3. Discretionary Grounds
If a discretionary ground is proven, the court will only grant possession if it is deemed reasonable to do so, taking into account all circumstances.
| Ground | Reason for Possession | Key Consideration |
| Ground 10 | Some Rent Arrears | The tenant owes any amount of rent at the time of the notice and court hearing. |
| Ground 11 | Persistent Late Rent Payment | The tenant is persistently late in paying rent, even if the account is never fully in arrears. |
| Ground 12 | Breach of Tenancy Agreement | The tenant has broken a term of the tenancy agreement (other than rent). |
⚖️ Rent Increase Appeal Process: The First-tier Tribunal
Under the new system, rent increases are limited to once per year, and all rent increases must be proposed using a statutory Section 13 notice (specifically the new Form 4A) with at least two months’ notice given to the tenant.
If a tenant believes the increase is excessive, they have the right to challenge it at the First-tier Tribunal (Property Chamber).
The Appeal Procedure
- Receive Notice: The tenant receives the Landlord’s notice proposing the new rent (Form 4A). The notice must state the date the new rent will take effect.
- Lodge the Application: If the tenant disagrees with the proposed rent, they must apply to the First-tier Tribunal before the start date of the proposed new rent. The application is typically made using the Form Rents1.
- No Risk of Eviction: A crucial protection is that a landlord cannot use the tenant’s appeal to the Tribunal as a ground for eviction (such as a discretionary breach of tenancy ground).
- Tribunal’s Role: The Tribunal is independent and provides a free and informal process for dispute resolution.
- Evidence and Determination: The Tribunal reviews evidence provided by both the landlord and the tenant. Their primary task is to determine the “market rent” for the property.
- They look at the rent paid for similar properties in the local area (comparable evidence).
- They consider the condition of the property (often involving an inspection).
- They will set the new rent at a level they consider to be the market rent.
Crucially: The Tribunal can set the rent at the level proposed by the landlord, a lower level, or even a higher level than the landlord proposed, though this is rare. The new rent is usually backdated to the date specified in the landlord’s original Section 13 notice.
Key Protections for Tenants
- Delay to New Rent: Appealing to the Tribunal automatically pauses the rent increase until the Tribunal makes its final determination, providing a period of relief.
- Freedom to Challenge: The removal of Section 21 evictions ensures tenants can challenge rent increases without the threat of a retaliatory ‘no-fault’ eviction.
- Cost: Applying to the First-tier Tribunal is free for the tenant.
