Serving a notice of possession on or after the 1st May you will only be able to give your tenant a notice on a section 8 of the Housing Act 1988 to end the tenancy.
On or after the 1st May the private rented sector will have a new section 8 which you should give your tenant if you wish your tenant to leave and return your possession. The new form will be called the 3a Form.
The Government will provide a new 3a Form beforehand.
There are various grounds for possession which we have referred to in our previous article here.
Deposit rules
All possession grounds will be required to show that your tenants deposit was protected to a Government scheme, you complied with the requirements that apply to the scheme when you received the deposit including serving the terms and conditions. You gave the tenant required information about the deposit protection known as prescribed information.
The prescribed information you should give a tenant includes;
- Details of the protection scheme.
- Confirmation of the amount protected.
- Your contact details.
- Information on how the tenant can get the deposit back at the end of tenancy.
If you cannot prove to the court you have met the deposit protection requirements, or you have returned the deposit, you can only use ground 7a and 14 for anti-social behaviour. It is therefore essential that you ensure that the deposit has been legally registered.
Compliance with legal requirements
You will need to comply with the legal requirements for particular grounds of possession you have used. You therefore need to be aware that certain occasions you cannot serve notice to sell the property within the first 12 months. In order to use some grounds you must have told the tenant at the start of the tenancy you would have to use them.
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Making a claim for possession
If your tenant doesn’t leave by the notice date, you’ll need a court order. From May 1, 2026, the private sector will use the county court process, similar to the current section 8 process. You’ll apply through the paper-based possession claim online service, requiring supporting documents.
The court will follow specific procedures depending on whether the tenant defends the claim.
Ensure your paperwork is correct, or eviction will likely be impossible.
Worried about the Renters Reform Bill and the changes? Don’t have a guarantor or a rent guarantee scheme? Contact us to find out what you need to do in order to obtain one. Call us on 01273 827090 or click here.