The Renters’ Rights Act 2025 is now in force and Section 21 notices are a thing of the past. For many landlords, Section 21 has historically offered a degree of flexibility – a route to regain possession without needing to rely on specific grounds. Its removal signals a move towards a more structured, evidence-based system where possession will increasingly depend on clearly defined reasons (i.e. the grounds set out in Schedule 2 of the Housing Act 1988) and the ability to demonstrate them.
The mechanism for regaining possession is changing and one of the key differences is that to obtain possession, a landlord will need to engage with a more structured and evidence-based approach. This new era may encourage a more proactive style of tenancy management. It remains to be seen whether the change in legislation will mean more disputes and more possession proceedings being issued. After all, even with a Section 21 process, if a tenant refused to leave, a landlord always had to apply to the court and evidence their entitlement to rely on that notice to obtain possession.
Where possession depends on defined grounds, landlords will need to ensure that their reasoning stands up to scrutiny. This means being able to evidence matters such as payment history and attempts to resolve issues throughout the tenancy. Some instances will be easier to evidence than others. Record keeping, communication with tenants, and a clear understanding of how a tenancy progresses are all likely to take on greater importance. This may involve landlords taking a more structured approach to documenting key events within a tenancy.
Where court proceedings become inevitable, it will be essential that landlords have a clear strategy from the outset in order to manage that litigation process effectively and to ensure that they are able to satisfy the court that they are entitled to possession of their property.
If you are a landlord or a tenant who needs help navigating these changes, our Property Litigation team is well placed to assist and advise you.
