How Will Landlords Regain Possession Without Section 21?

A plain-English guide for landlords in Medway and across Kent

Updated March 2026 • Renters’ Rights Act 2025

⚠️ Section 21 ends 1 May 2026. The last valid Section 21 notice must be served by 30 April 2026. After that, possession relies entirely on Section 8 grounds.

If you’re a landlord in Chatham, Gillingham, Rochester or anywhere across Medway, you’ve probably been asking: without Section 21, how do I get my property back?

The honest answer: you still can – but the rules are changing. The Renters’ Rights Act 2025 abolishes ‘no-fault’ evictions and replaces them with an expanded set of legal grounds under Section 8 of the Housing Act 1988. Done properly, possession is absolutely still achievable.

What Replaces Section 21?

Section 8 has always existed – it allows possession when a specific legal ground is met. Previously, landlords often bypassed it in favour of Section 21 because it was quicker and required no evidence.

Under the new Act, Section 8 grounds have been expanded from 17 to 37. New mandatory grounds now cover situations previously handled by Section 21 – including selling your property and moving back in. From 1 May 2026, all tenancies also become periodic (rolling) – fixed terms are abolished.

The Key Grounds for Possession

Selling the Property – Ground 1A (New, Mandatory)

• 4 months’ notice required (up from 2 months under Section 21)
• Cannot be used in the first 12 months of the tenancy
• Cannot re-let for 12 months after possession is granted

Thinking of selling? If you need vacant possession, serving a Section 21 before 30 April 2026 may be worth considering – the notice period is half that of Ground 1A.

Moving Back In (or a Family Member) – Ground 1 (Mandatory)

• 4 months’ notice required
• Covers you, or a close family member (parent, sibling, child, grandparent, grandchild)
• Cannot be used in the first 12 months of the tenancy. Genuine intention must be evidenced.

Serious Rent Arrears – Ground 8 (Mandatory, Amended)

• Threshold raised from 2 months to 3 months’ arrears (13 weeks if weekly/fortnightly rent)
• Notice period: 4 weeks (increased from 2 weeks)
• Arrears must still exist at the time of the court hearing. Court must grant possession if proven.

Anti-Social Behaviour – Ground 14 (Discretionary)

Immediate notice possible. Covers harassment, criminal behaviour, persistent nuisance. Evidence is essential: neighbour statements, police reports, council records.

Breach of Tenancy – Ground 12 (Discretionary)

2 weeks’ notice. Covers subletting without permission, property damage, illegal use. Court decides whether it’s reasonable to grant possession.

The Possession Process After May 2026

The accelerated possession procedure is gone. Every contested eviction now requires a full court hearing.

1. Serve a Section 8 notice – using the new prescribed Form 3, stating the correct ground and notice period.
2. Wait out the notice period – ranges from immediate (serious ASB) to 4 months (sale/moving in).
3. Apply to court if the tenant doesn’t leave – within 12 months of serving notice.
4. Court hearing – present your evidence. For mandatory grounds, the court must grant possession if proven.

Important: your tenant’s deposit must be properly protected in an approved scheme. Without it, most Section 8 grounds will be unavailable to you.

What Medway Landlords Should Do Right Now

1. Act on any current possession needs before 30 April 2026 – the Section 21 window closes permanently.
2. Check every deposit is protected in an approved scheme.
3. Review tenancy agreements – fixed-term clauses are redundant after 1 May 2026.
4. Start keeping detailed records – rent payment history, maintenance, tenant correspondence. Document everything.
5. Get professional advice – fines of up to £40,000 apply for serious breaches. The stakes are higher than before.

The Bottom Line

The end of Section 21 is a significant shift – notice periods are longer, every eviction requires evidence, and court timelines may stretch. But landlords are not powerless.

The new framework rewards landlords who are organised, compliant, and well-advised. If that’s you – or if you want to get there before May – get in touch. We work with landlords across Chatham, Gillingham, Rochester, Rainham and Strood every day.

Please get in touch if you would like more detail on how to prepare your rental property
Jatinder: 07976 329426 / 01634 564422