How Landlords Can Regain Possession in 2026
May 2026
With Section 21 abolished, a common question from Fulham landlords is how they can get their property back when they need to. Regaining possession of your rental property is still possible, but the route, paperwork and preparation have changed.
Here's what landlords need to know.
Section 21 Is Gone - What Replaces It?
Section 21 allowed landlords to end a tenancy without giving a specific reason. Under the Renters' Rights Act, this route has been abolished. As of May 2026, all possession claims must go through Section 8, using one of the recognised statutory grounds.Legitimate reasons to regain your property still exist, but the difference is that you need to be clear about what those reasons are and follow the correct legal process.
The Main Options for Repossession
|
Reason |
Ground type |
Key requirements |
|
Significant rent arrears (3+ months) |
Mandatory |
Arrears must remain at hearing. 4 weeks’ notice. |
|
Repeated rent arrears history |
Mandatory |
3 occasions in 3 years. 4 weeks’ notice. |
|
Anti-social behaviour |
Mandatory / discretionary |
Evidence required. Immediate notice possible for severe cases. |
|
Selling the property |
Mandatory |
Not in first 12 months. 4 months’ notice. Proof of intent. |
|
Landlord or family moving in |
Mandatory |
Not in first 12 months. 4 months’ notice. Proof of occupation. |
|
Breach of tenancy terms |
Discretionary |
Unauthorised subletting, damage, etc. 2 weeks’ notice. |
The Possession Process for Landlords
- Serve the correct Section 8 notice. This must cite the relevant ground(s), include all required information and observe the correct notice period. Errors at this stage can invalidate the claim.
- Wait for the notice period to expire. If the tenant has not vacated once the notice period has ended, you can apply to the court for possession.
- Apply to the County Court. Submit your possession claim together with supporting evidence showing that the relevant ground has been met.
- Attend the court hearing. For mandatory grounds, the court must grant possession if the ground is proven. For discretionary grounds, the judge will consider whether granting possession is reasonable.
- Instruct a bailiff if necessary. If the tenant does not leave after a possession order has been granted, a court-appointed bailiff can enforce the order.
What Landlords Need to Have in Place Before Serving Notice
Under the previous Section 21 process, procedural errors could often be corrected by serving a fresh notice. Under Section 8, mistakes such as relying on the wrong ground, using the wrong notice period or omitting required information may mean having to start the process again from the beginning.Detailed, accurate records are now one of a landlord's most valuable assets.
These should include:
- Rent statements showing the full payment history.
- Written communications with tenants, particularly regarding any tenancy issues.
- Inspection reports and maintenance records.
- Photographs documenting the condition of the property.
Our lettings and property management team has guided Fulham landlords through regulatory change for more than 30 years. Whether you need advice on serving notice, gathering evidence or managing the possession process from start to finish, we're here to help.
Call us on 020 8563 0202 or fill out our enquiry form to discuss your options under the Renters' Rights Act.
Lawsons & Daughters
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