How to End a Tenancy From May 2026: CJ Hole’s Guide to the New Possession Rules

From 1 May 2026, private landlords in England will only be able to recover possession if they can rely on a valid legal ground. The government has issued updated guidance on the new possession grounds so landlords and letting agents in the Private Rented Sector can get ready for the changes brought in by the Renters’ Rights Act.

From that date, the process for ending a tenancy becomes more structured: identify the ground (or combination of grounds) that fits your situation, serve notice with the correct notice period for that ground, and if your tenant is still in place when that notice expires, you can issue a court possession claim straight away. In many cases, you can rely on more than one ground in the same claim.

Above all, there is one non-negotiable rule: the court cannot grant a possession order unless the tenant’s deposit has been correctly protected in a government-approved tenancy deposit scheme.

The grounds are split into two main categories:

  • Mandatory grounds: If you can show that the ground applies, the court is required to give possession.
  • Discretionary grounds: Even where you prove the ground, the judge will weigh up the circumstances and decide whether it is reasonable to grant possession.

Mandatory grounds

Ground 1

You can use this ground where you, or a close family member, need to move into the property, but not during the first 12 months of the tenancy, and you can only take up occupation once possession has been granted. Notice to be given: 4 months

Ground 1A 

If you have a genuine intention to sell the property, you can seek possession, but not within the first 12 months of a new tenancy; social landlords/PRPs cannot rely on this ground until 2027. Notice to be given: 4 months

Ground 1B 

This ground is only for Rent to Buy properties, and can be relied on where the tenant has been offered the chance to buy at the end of the scheme, but does not do so; social landlords/PRPs cannot rely on it until 2027. Notice to be given: 4 months

Ground 2

If a lender needs to take back the property to sell it because mortgage payments have fallen into arrears, they can apply for possession, and the tenant will be required to leave on the date ordered by the court. Notice to be given: 4 months

Ground 2ZA

Where you sublet under a superior lease that is ending within 12 months, this ground can only be relied on if you are an agricultural landlord, provide supported accommodation, or represent a company that is at least 50% council-owned; social landlords cannot rely on this ground until 2027. Notice to be given: 4 months

Ground 2ZB 

Where you sublet under a superior lease that was for a fixed term of more than 21 years, and that lease is ending, has ended, or will not be extended within 12 months, you can seek possession on this ground. Notice to be given: 4 months

Ground 2ZC 

After a superior lease ends, the landlord under that lease can become your tenant’s landlord and apply to court for possession, but only where you originally let the property on an assured tenancy and you were an agricultural landlord, a supported accommodation provider, a company at least 50% council-owned, or a PRP; the notice must be served by the superior landlord, and where the original landlord was social, this ground cannot be relied on until 2027. Notice to be given: 4 months

Ground 2ZD

Where the superior lease was for a fixed term of more than 21 years and has expired, the superior landlord can seek possession, but they must apply to the court within 6 months of the lease reverting to them. Notice to be given: 4 months

Ground 4 

This ground is available exclusively to universities and colleges for student accommodation, and only where the property was let to students at some point during the 12 months prior to the start of the tenancy. Notice to be given: 2 weeks

Ground 4A

If your property is a student HMO and is needed for a new group of full-time students in line with the academic year between 1 June and 30 September, you can seek possession, but only if the tenancy was not agreed more than six months before it began and you gave advance notice that you intended to rely on this ground. Notice to be given: 4 months

Ground 5 

Where the property is primarily used to house a minister of religion and is needed for that purpose again, you can seek possession on this ground. Notice to be given: 2 months


Ground 5A

Where you need the property to house an employed or self-employed agricultural worker, you can seek possession on this ground. Notice to be given: 2 months

Ground 5B

Where the property was let to a tenant because they met specific employment requirements (for example, key worker criteria) and they no longer meet those requirements, you can seek possession so the home can be let to someone who does; social landlords/PRPs cannot rely on this ground until 2027. Notice to be given: 2 months


Ground 5C 

If the tenant was housed because they were employed by you, you can seek possession if their employment ends; this also applies where the tenancy was not intended to last for the full length of employment and the property is needed for a new employee, and where the home is let to police constables who are not classed as employees. Notice to be given: 2 months

Ground 5D

Where a social landlord or PRP has let a property based on employment criteria and the tenant no longer meets those conditions, possession can be sought on this ground, but only from 2027 when the changes apply to the social rented sector. Notice to be given: 2 months

Ground 5E 

If the property is usually used as supported accommodation and is to be rented out as supported accommodation again, you can seek possession on this ground, but not if the tenant needs the property for supported accommodation. Notice to be given: 4 weeks


Ground 5F 

If you rented out your property as supported accommodation, you can seek possession on this ground where the support has stopped, or funding has ended, or the accommodation is no longer suitable because the tenant’s support needs have changed. Notice to be given: 4 weeks

Ground 5G 

If the property was used as temporary accommodation for statutory homelessness duty and the council has told you it is no longer needed, you can seek possession, but you must start the process within 12 months of being notified; social landlords/PRPs cannot rely on this ground until 2027. Notice to be given: 4 weeks

Ground 5H

If the tenancy was granted as stepping-stone accommodation with lower rent and eligibility criteria (such as being within a certain age range and/or in work or actively seeking work), you can seek possession if the tenant no longer meets the criteria or if the agreed stepping-stone period has ended; social landlords/PRPs cannot rely on this ground until 2027. Notice to be given: 2 months

Ground 6

If you need to redevelop or demolish the property and the tenant cannot live there while the work is carried out, you can seek possession on this ground, though it is usually not available in the first six months of a tenancy; social landlords may need to provide suitable alternative accommodation unless the tenant was warned before the tenancy began, and social landlords/PRPs cannot rely on this ground until 2027. Notice to be given: 4 months

Ground 6A

If you are a social landlord and your tenant has been living in decant accommodation because their original home was or is being redeveloped, you can seek possession on this ground from 2027, as long as suitable alternative accommodation is available for them. Notice to be given: 4 months

Ground 6B

If a court orders you to regain possession following enforcement action for a legal breach, you can seek possession and may be required to pay compensation. Notice to be given: 4 months

Ground 7 

If someone inherits the tenancy but was not living in the property immediately before the tenant died, you can seek possession, usually within 12 months of the death; social landlords/PRPs cannot rely on this ground until 2027. Notice to be given: 2 months

Ground 7A

 If the tenant, household member, or visitor is convicted of serious crime, breaches an antisocial behaviour order, or a closure order blocks access for 48+ hours, you can apply immediately, but any possession order cannot take effect until 14 days after notice is served. Notice to be given: none

 

Ground 7B 

If the Secretary of State notifies you that your tenant has no Right to Rent under immigration law, you can seek possession on this ground. Notice to be given: 2 weeks

Ground 8 

If your tenant owes at least 3 months’ rent (monthly) or 13 weeks’ rent (weekly or fortnightly) on both the notice date and the hearing date, you can seek possession under this mandatory ground; it will fail if arrears drop below that level by the hearing, and arrears caused solely by delayed Universal Credit do not count. Notice to be given: 4 weeks

Discretionary grounds

Ground 9

If your tenant has been offered suitable alternative accommodation, you can seek possession on this ground, but the court will decide whether eviction is reasonable. Notice to be given: 2 months

Ground 10

If your tenant has fallen into rent arrears, you can apply for possession before the debt reaches 3 months’ rent, but the court will only make a possession order if it decides that eviction is reasonable in the circumstances. Notice to be given: 4 weeks

Ground 11

If your tenant has repeatedly delayed paying rent, you can try to evict them, but you must give notice before applying to court. Notice to be given: 4 weeks

Ground 12

If your tenant has broken one or more tenancy terms that are not related to rent, you can try to evict them, but you must give notice before applying to court. Notice to be given: 2 weeks

Ground 13

If your tenant has allowed the condition of the property to get worse, you can try to evict them, but you must give notice before applying to court. Notice to be given: 2 weeks

Ground 14

If your tenant, someone living with them, or a visitor commits antisocial behaviour, or commits a serious offence in or near the property, you can apply to the court straight away, but the court cannot make a possession order until 14 days after notice is served. Notice to be given: none

Ground 14A

If your tenant has carried out domestic abuse, you can try to evict them, but only where their partner or someone living with them has left and is unlikely to return; social landlords/PRPs cannot rely on this ground until 2027. Notice to be given: 2 weeks

Ground 14ZA

If your tenant, or any other adult living in the property, is convicted of an offence linked to a riot, you can seek to evict them, but you must serve notice before making a court application.  Notice to be given: 2 weeks

Ground 15

If your tenant has allowed the condition of the furniture to get worse, you can try to evict them, but you must give notice before applying to court. Notice to be given: 2 weeks

Ground 17

If your tenant, or someone acting on their behalf, gave false information to get the property, you can try to evict them, but you must give notice before applying to court. Notice to be given: 2 weeks

Ground 18 

If your tenant is in supported accommodation and does not engage with the support, you can try to evict them, but you must give notice before applying to court. Notice to be given: 4 weeks

Need help choosing the right ground?

If you’re not sure which ground fits your situation, or what notice period you should be giving, it’s safest to get some expert guidance before you serve any documents. Your local CJ Hole lettings team can talk you through how the new rules work in practice, help you identify the most suitable ground (or combination of grounds), and check your notices and paperwork so your position stays protected.

For extra reassurance, you can also read our guide to what the Renters’ Rights Act means for self-managing landlords, or contact your nearest branch for advice tailored to your properties.

 

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