Residential landlord and tenant

Section 21 was abolished on 1 May 2026. If you hold residential property and you have not reviewed your documentation since, the position is not what you think it is.

What has actually changed

There is no longer a route to possession that does not require a ground. Possession runs through section 8 of the Housing Act 1988 and the amended grounds in Schedule 2, and the ground has to be made out on evidence.

The transitional window closed on 31 July 2026, so notices served under the old regime are spent.

Three changes with immediate commercial consequences:

Ground 1A — sale. Mandatory, four months’ notice, cannot be used in the first twelve months of a tenancy, and prevents you marketing the property to let — including as a short-term let — for twelve months after the notice is served. For a portfolio that is a sequencing decision rather than a form.
Ground 8 — arrears. Now requires three months’ arrears, up from two, with four weeks’ notice. Action that could once begin at two months now cannot, which changes cash flow planning on a portfolio.
Ground 4A — student HMOs. A new mandatory ground where all occupants are full-time students.

Why your paperwork matters more than it did

Section 21 forgave a great deal. A landlord with imperfect documentation could still recover possession, because the route did not require a ground.

Section 8 is less forgiving. The tenancy agreement, the deposit protection, the prescribed information, the safety certificates and the records all now feed into whether a ground can be established and defended.

The time to find a problem in your documentation is before you need possession, not after a tenant stops paying. A defect discovered at that point cannot usually be cured quickly enough to help.

What we advise portfolio landlords to do now

Review the documentation across the portfolio — tenancy agreements, deposit protection and prescribed information, gas and electrical certification, and the records that support each.
Map your intentions against the grounds. If you expect to sell units in the next two years, Ground 1A’s twelve-month restrictions mean the order and timing of notices matters. Working that out in advance is considerably cheaper than discovering it afterwards.
Review arrears procedures against the three-month threshold, including what you do at one and two months now that possession cannot start.
Check your agents are current. A managing agent working from pre-May 2026 practice is a liability.

The other side of the relationship

We also act for tenants, though not against our own landlord clients and not on the same matter.

Deposit protection. Failure to protect a deposit or serve prescribed information carries financial consequences for the landlord and is frequently overlooked.
Disrepair. Landlords’ repairing obligations, and claims where they have not been met.
Unlawful eviction and harassment, which are criminal as well as civil matters.
Defending possession claims, where a ground is not made out or the procedure was not followed.

What we are not

We are not a volume possession practice. If what you need is the cheapest possible possession order on a single property, there are firms who do that at a price we would not try to match, and you should use one.

What we do is advisory work for people who hold residential property as an investment: getting the documentation right, planning the sequence, and dealing with the matters that are actually contested.

What it costs

£400 per hour plus VAT with an estimate by stage.

A portfolio documentation review — establishing whether your agreements and records support the grounds you are likely to need — is a fixed fee based on the number of units. For anyone holding more than a handful of properties it is the single most useful piece of work available at the moment.

Questions

Questions people ask us

Can I still use section 21?

No. It was abolished on 1 May 2026, the last valid notices had to be served by 30 April, and the transitional window for proceedings closed on 31 July 2026.

I want to sell. What do I do?

Ground 1A is the mandatory ground for sale. Four months’ notice, not usable in the first twelve months of the tenancy, and it prevents you marketing to let — including short-term lets — for twelve months after service. If there is any chance you would re-let instead, decide before the notice goes out.

My tenant is two months in arrears. Can I start?

Not on Ground 8, which now needs three months. Other grounds may be available depending on the circumstances, and there are steps worth taking at two months that are not possession proceedings.

Does my old tenancy agreement still work?

It may, but it was probably drafted for a regime that no longer exists. Documentation that was adequate under section 21 is not necessarily adequate now, and this is worth checking before you need it.

My agent says nothing has changed. Are they right?

No. If an agent is telling you that in September 2026, that is itself a reason to review the arrangements.

Start with a conversation

A free 20-minute call. Tell us what has happened and we will tell you whether we can help, what it would involve and roughly what it would cost.

No charge

A free 20-minute call

Tell us what has happened and we will tell you whether we can help, what it would involve and roughly what it would cost. No advice is given on this call and there is no charge for it.

£350 plus VAT

A paid strategy session

One hour with a partner, followed by a written summary of your position and options. For people who want proper advice without instructing a firm yet. Credited in full against your fees if you go on to instruct us.

Or reach us directly

We answer enquiries the same working day.

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