Possession claims after section 21: guidance for social landlords

According to UK government figures, the number of landlord possession claims in April to June 2026 – the period when the Renters' Rights Act 2025 (the Act) came into effect – showed a 6% increase compared with April to June 2025.

With 23,635 claims served over the three-month period, the need for landlords to be able to regain possession of their residential rental properties remains high.

From October 2027, private registered providers of social housing seeking to regain possession will need to proceed under section 8 of the Housing Act 1988, relying on the Schedule 2 grounds as amended by the Act.

To succeed, they will need to demonstrate compliance and ensure their claim is based on the right grounds, correctly served and properly evidenced. Failure on any one point could undermine the application.

For housing providers, that means possession cases will need to be approached not simply as procedural claims, but as evidence-led tenancy management decisions.

Relevant evidence should include:

• a current Electrical Installation Condition Report (EICR), with any Code 1 (C1) or Code 2 (C2) remedials completed
• a Gas Safety Record (where applicable) showing service at tenancy commencement and annually thereafter
• an energy performance certificate (EPC), as served at tenancy commencement, and current rating, and
• the written statement of terms, which is required as a part of the tenancy agreement before any new tenancy starts from 1 May 2026.

Where a deposit was taken, retain the scheme certificate and proof that the prescribed information was served within the statutory timeframe. For pre-1 May 2026 tenancies, proof is also needed that the Renters' Rights Act Information Sheet was served by 31 May 2026.

For a claim to be successful, it must be based on the right grounds, ensuring the correct notice period is given. The amended Schedule 2 grounds include a number of routes that may be relevant to social landlords, depending on the tenancy, property and reason possession is sought.

With mandatory grounds, the court is required to make the possession order if the grounds are proved and the notice requirements are met. Complete and precise evidence is therefore essential.

The amended mandatory grounds include several routes relevant to social landlords as follows, but the practical question is whether the factual and evidential conditions for the specific grounds can be proved.

• Grounds 1A and 1B concern sales. Ground 1A applies where the landlord intends to sell its freehold or leasehold interest or grant a lease exceeding 21 years, subject to the tenancy having begun at least one year before the date in the section 8 notice, unless a compulsory acquisition notice has been served. Ground 1B is more specific to private registered providers selling under buy-to-rent arrangements, provided any requirement to offer the property to the tenant has been met. Both require at least four months' notice.
• Ground 2 applies where a mortgagee is exercising a power of sale and requires vacant possession. Grounds 2ZA to 2ZD may be relevant where the landlord's interest sits below a superior lease, including where that superior interest is due to end or has been validly terminated. These grounds are likely to be fact sensitive and will require clear title, lease and notice evidence.
• Grounds 5 to 5H and 6 to 6B cover more specific circumstances, including homelessness duty tenancies, redevelopment, alternative accommodation during redevelopment, and cases where continued occupation would prevent compliance with enforcement action, such as improvement notices, prohibition orders, licensing issues or planning enforcement.
• For tenancy breach cases, ground 7A provides a mandatory route for serious antisocial or criminal behaviour, while ground 8 applies where there are rent arrears of at least three months, both when the section 8 notice is served and at the hearing. In both cases, a formal section 8 notice must still be served.
• Ground 7B applies where the tenant has no right to rent.

By contrast, with discretionary grounds it is not sufficient to prove the ground; the court must also be persuaded that it is reasonable to order possession, addressing proportionality and alternatives.

The discretionary grounds most likely to arise for social tenancies include:

• alternative accommodation
• rent arrears or persistent rent arrears
• breach of tenancy obligations
• deterioration of the property or furniture
• antisocial behaviour (ASB) and
• false statements made to obtain the tenancy.

For these grounds, proving the breach is only the first stage. The court must also be satisfied that possession is reasonable, so evidence should show the tenancy history, impact of possession on neighbours, any notices issued and support offered or given, alternatives explored and why possession is now the only effective remedy. 

Common pitfalls include:

• serving the wrong form
• providing the wrong notice period
• misstating the ground
• incorrect tenancy details
• failing to meet ground‑specific preconditions (e.g. minimum tenancy length for ground 1A) and
• inadequate proof of service.

The prescribed form – Form 3A – must be completed accurately and provide the correct notice period for the grounds relied on.

Service of the form must be correct and provable. It can be via personal service where the date and time is recorded contemporaneously and, if possible, a signed acknowledgement or process server's certificate should be provided.

Alternatively, it can be by both recorded delivery and first‑class post, which is deemed served on the second working day after posting; obtain a certificate of posting and keep a copy of the addressed envelope. Email or electronic service only applies if the tenancy agreement expressly permits service by that method.

Where multiple teams are involved, social landlords should ensure responsibility for notice preparation, service and evidence retention is clearly documented.

For most section 8 claims, social landlords will need:

• the tenancy agreements and any renewals, rent variations or assignments
• evidence of the landlord's title or status where relevant
• the section 8 notice (completed Form 3A and proof of service)
• an up-to-date rent schedule, cross‑referenced to bank statements where necessary and
• witness statements from housing, income or ASB officers and any other relevant witnesses.

In addition to compliance documents, correspondence with the tenant evidencing warnings, payment plans, offers and support offered should also be submitted, especially where the court has discretion.

Some of the new grounds introduced under the Act require specific evidence, such as the following.

• Ground 1A (sale): The key issue is proving a firm and settled intention to sell at the hearing date. Evidence should show the tenancy has run for the minimum 12 months, that the property will not be relet within 12 months and that a sale is actively being pursued. Where an offer has been received, this may include a memorandum of sale, draft contract and conveyancer engagement letter. Without an offer, evidence may include board minutes or written resolutions, estate agent engagement, valuation, marketing particulars, live listings, viewings and offers.
• Ground 8A (persistent arrears): Landlords must prove at least three instances within three years when arrears reached three months' rent. Clearing arrears before the hearing does not defeat the ground, but the statutory pattern must be proved precisely. The rent account should tell the full chronology, supported by bank statements, a schedule of qualifying dates and calculations, tenancy agreements confirming rent and variations, and correspondence showing reminders, payment plans and default notices.

Gaining possession will still be possible under the new system, but housing providers will need to approach claims as evidence-led decisions. They will need to identify the correct ground, demonstrate compliance, record the steps taken before proceedings and prove that the required notice and supporting evidence are in place.