The New Grounds of Possession from 1 May 2026 – What Landlords Need to Know

From 1 May 2026, the residential possession landscape will change fundamentally. Section 21 will be abolished for Housing Act tenancies, ending the ability to recover possession without establishing a statutory ground. In its place, landlords will rely entirely on the grounds set out in Schedule 2 of the Housing Act 1988, as amended.

While possession will remain possible, it will no longer be procedural. It will be evidential. Courts will expect landlords to justify why possession is required and to demonstrate that their conduct throughout the tenancy has been consistent with the ground relied upon.

Below we set out the principal landlord-led grounds, the evidence likely to be required, and the consequences of misuse.

Ground: Intention to Sell the Property

This new mandatory ground allows a landlord to recover possession where there is a genuine intention to sell the property with vacant possession.

It cannot be used at the outset of a tenancy and is subject to restrictions preventing the landlord from re-letting the property for a defined period after possession is obtained.

Evidence likely to be required

Landlords should expect to provide objective proof that the sale is real and not speculative. This may include estate agent instructions, draft or live sales particulars, correspondence with lenders, or a statutory declaration confirming intention to sell.

Courts are unlikely to accept a bare assertion that a landlord “may” sell at some point in the future.

Consequences of misuse

If a landlord relies on this ground dishonestly, particularly where the property is re-let shortly after possession, the court may dismiss the claim and order compensation. Local authority enforcement, civil penalties and inclusion on the rogue landlord database are also potential consequences.

Ground: Landlord or Family Member Occupation

This ground permits possession where the landlord, or a close family member, genuinely intends to occupy the property as their main home.

It is intended to allow landlords to recover properties for personal use, not as a tactical alternative to section 21.

Evidence likely to be required

Courts will expect credible evidence of genuine intention, such as a sworn statement, proof of current accommodation ending, evidence of the family relationship, or documentation showing preparations for occupation.

This ground will be scrutinised closely, particularly where the landlord owns multiple properties.

Consequences of misuse

Where false claims of personal occupation are exposed, sanctions may include compensation to the tenant, rent repayment orders, civil fines and, in serious cases, prosecution for providing false information to the court.

Ground: Redevelopment or Substantial Works

Possession may be obtained where substantial works are required and cannot reasonably be carried out with the tenant in occupation.

This ground applies to genuine redevelopment, not routine refurbishment or cosmetic improvement.

Evidence likely to be required

Typical evidence will include planning permissions, building control approvals, contractor quotations, work schedules, surveyor reports and proof that works cannot be phased around occupation.

Landlords should expect the court to examine whether possession is truly necessary.

Consequences of misuse

If possession is obtained and the works are not carried out, landlords may face claims for damages, adverse cost orders and enforcement action by local authorities.

Ground: Repeated Serious Rent Arrears

The rent arrears grounds are being strengthened to address situations where tenants repeatedly fall into arrears and then temporarily reduce them to defeat possession proceedings.

This ground focuses on pattern and persistence rather than a single snapshot in time.

Evidence likely to be required

Accurate rent schedules, bank statements, clear records of arrears over time and compliance with pre-action requirements will be essential. Errors or inconsistencies in rent accounting frequently lead to claim failure.

Consequences of misuse

Inflated or inaccurate arrears claims may result in dismissal of proceedings, cost penalties and findings of unreasonable conduct.

The Importance of Truthfulness Under the New Regime

Under section 21, a landlord’s motive was largely irrelevant. From May 2026, motive and honesty will matter.

Courts will have broader powers to penalise landlords who misrepresent their intentions, rely on grounds tactically, or provide misleading evidence. Possession claims may also be scrutinised retrospectively against what actually happens after possession is obtained.

The risk is no longer limited to delay. It includes compensation awards, enforcement action and long-term reputational consequences.

Why Property Management Will Matter More Than Ever

In the new framework, most possession cases will be won or lost long before a notice is served. Evidence will be drawn from how the tenancy has been managed day-to-day.

Accurate records, consistent communication, compliant documentation and early issue management will be critical. Informal or reactive management, which may have sufficed under section 21, now carries materially greater risk.

This is where professional property management becomes essential. Properly managed tenancies reduce disputes, strengthen possession claims when they are genuinely required, and protect landlords from allegations of misuse.

At Hermens Property, we manage tenancies with these realities in mind. We focus on compliance from the outset, maintain clear audit trails, monitor arrears and issues early, and help landlords plan ahead where future sale, occupation or redevelopment is anticipated.

The aim is not simply to regain possession quickly, but to ensure that when possession is needed, it is defensible, proportionate and supported by evidence.

From 1 May 2026, possession will remain available — but only to landlords who are prepared. Those who treat property management as risk management will be best placed to navigate the new regime with confidence.