There will be a new way to serve notice on tenants regarding rent arrears, and landlords must ensure any valid section 21 notice is in place before relying on previous procedures. Under the new framework, the traditional no-fault route will change, particularly following the proposed Renters Rights Bill, which has been discussed extensively in the House of Lords and debated at Committee stage.
For a full breakdown of these changes, see Renters Reform Bill overview, which explains how reforms will affect landlords renting a home and managing tenancies going forward.
For landlords who want to protect your property financially, considering options such as building insurance through providers like iInsure365 — such as their comprehensive landlord insurance & policy comparison service — can help you manage risk, particularly if you need to evict tenants under the new system.
However, this does not cover the following:
• People on a licence to occupy
• Resident landlords
• Furnished holiday lets
• Claims against trespassers
• Commercial lettings
• A tenancy where the annual rent exceeds £100,000
Serving of a Notice
On or after 1st May 2026 you will only be able to give your tenant notice under Section 8 of the Housing Act 1988 to end the tenancy. This will be referred to as the Section 8 notice or notice of possession. Unlike situations where a valid section 21 notice would previously apply, you must now clearly demonstrate grounds for possession.
This means you must have a reason, known as grounds for possession, to end the tenancy. Before proceeding, many landlords seek legal advice to ensure compliance with updated tenancy agreements and statutory obligations when managing an assured shorthold tenancy.
Landlords concerned about arrears should also review rent guarantee and tenant arrears protection options to help safeguard income if tenants fail to pay.
Landlords should also check that their tenancy agreements are up to date and compliant with reforms introduced by the Renters Rights Bill. These changes will impact everything from rent increases to how landlords handle properties to rent.
Grounds for Possession
Ground 1 – Mandatory Grounds
Occupation by landlord or family
If you or a close family member need to move back into the property, you may rely on this ground. However, you cannot ask your tenant to leave within the first 12 months of a new assured shorthold tenancy.
You must give your tenant a notice period of four months before applying to court for a possession order. Taking early legal advice can help ensure the process runs smoothly and avoid unnecessary legal expenses. This also gives tenants time to find somewhere else or secure somewhere else to live.
In the current environment, many landlords also consider additional protection such as rent guarantee or loss of rent cover, particularly where rent increases or missed payments may impact income.
Ground 1a – Selling of a Dwelling House
You may use this ground if you intend to sell the property. Again, this cannot be used within the first 12 months of the tenancy.
You must give a four-month notice period before applying to court. After regaining possession of the property, you will not be able to relet it for a further 12 months. This can affect landlords managing multiple properties to rent.
Ground 8 – Rent Arrears
You may use this ground if the tenant has at least three months’ rent arrears or, for weekly tenancies, is 13 weeks in arrears.
The tenant must owe the required amount at both the notice date and the hearing date. If they reduce the arrears below the threshold before court, eviction under this ground will not succeed, making it harder to evict tenants.
Tenants remain legally obliged to pay the rent, and failure to do so may jeopardise their housing security. However, if arrears arise solely due to delays in Universal Credit, eviction may not proceed.
You must give a notice period of four weeks before applying to court for a possession order. During this time, tenants may need to arrange somewhere else to live or explore alternative properties to rent.
Section 12 and Other Considerations
In addition to the updated possession rules, landlords should be aware of provisions such as Section 12, which may apply in specific tenancy circumstances. Understanding how Section 12 interacts with other legislation is important, particularly when dealing with rent increases or tenancy breaches.
Failure to follow correct procedures under Section 12 or issuing an invalid notice could delay your ability to regain possession. This is why ensuring any valid section 21 notice previously served complies with requirements remains critical during the transition period.
Protecting Yourself Under the New Rules
With the Renters Rights Bill progressing through the House of Lords, landlords must prepare for significant reform. Ensuring any historic valid section 21 notice is compliant will not be sufficient once the changes are implemented.
Landlords without a guarantor or rent protection policy should consider guarantee insurance to secure rental income if tenants fail to pay the rent. Appropriate insurance covers, including building insurance, can further protect your property and reduce exposure to unexpected legal expenses.
For those managing multiple properties to rent, staying compliant is essential. Whether dealing with rent increases, tenancy disputes, or needing to evict tenants, preparation is key.
To compare policies and get covered, visit the iInsure365 landlord insurance quote page.
Final Thoughts
The reforms will significantly change how landlords approach renting a home, from issuing notices to handling disputes. Tenants must also be given sufficient notice period to make arrangements and find somewhere else, ensuring fairness across the sector.
Understanding how rules like Section 12 apply, ensuring every valid section 21 notice meets requirements, and preparing for changes to rent increases will help landlords stay ahead.