More than 28,000 landlords used a possession route last year that no longer exists following the abolition of Section 21.
Latest figures from the Ministry of Justice show 28,598 accelerated possession claims were made in 2025, a process that relied entirely on Section 21 notices.
Under the Renters’ Rights Act 2025, which comes into force on 1 May 2026, both Section 21 and the accelerated possession route have been scrapped, marking a major shift in how landlords regain control of their properties.
The change means landlords must now rely on statutory grounds for possession, requiring a more structured and evidential approach through the courts.
SECTION 8 NOTICE
Previously, accelerated possession offered a faster, often paper-based route without the need for a court hearing, making it a widely used option for landlords seeking to recover properties.
Landlords must now serve a Section 8 notice, citing specific grounds such as serious rent arrears, anti-social behaviour, intention to sell, or plans to move into the property. In most cases, this will involve court proceedings and supporting evidence.
The reforms also introduce a distinction between mandatory and discretionary grounds, affecting how predictable possession outcomes will be.
MANDATORY OR DISCRETIONARY
David Goddard (main picture), Joint Head of Dispute Resolution and Litigation at Clifton Ingram LLP, says: “The accelerated possession figures show how much of the market relied on a process that no longer exists. Landlords must now understand what has replaced it.
“Possession grounds under the new regime are either mandatory – where the court must grant possession if the ground is established – or discretionary – where the court decides whether it is reasonable to do so. This distinction affects how predictable the outcome will be.”
FAILED CLAIMS
He adds that errors in serving notices could result in delays and failed claims, urging landlords to review processes and seek advice before taking action.
The reforms also reshape tenancy structures, with assured shorthold tenancies replaced by periodic agreements and stronger protections for tenants, including restrictions on rent increases and greater security of tenure.
Goddard says: “The private rental sector has entered a new legal era, and the data reinforces just how significant that shift is. Landlords who adapt quickly and take advice where needed will be in a stronger position than those relying on outdated assumptions.”
