The Government has now published official guidance confirming how landlords in England must regain possession of their property from 1 May 2026, when the new eviction framework comes into force.
For landlords across the East Midlands, this represents one of the most significant changes to tenancy management in many years. The updated GOV.UK guidance sets out clearly what will be required — and getting it wrong could mean delays, dismissed claims or additional costs.
What’s Changing?
Section 21 (“no-fault”) evictions will end.
From 1 May 2026, landlords will no longer be able to rely on Section 21. Instead, possession will only be possible using specific statutory grounds under Section 8 of the Housing Act 1988.
This means:
- You must have a legally defined reason for seeking possession.
- Some grounds are mandatory (the court must grant possession if proven).
- Others are discretionary (the judge decides if eviction is reasonable).
The new system places greater emphasis on evidence, compliance, and correct procedure.
Periodic Tenancies Become the Default
All assured tenancies will move to periodic (rolling) agreements. Fixed terms will no longer operate in the same way.
Landlords will not be able to rely on a fixed end date to regain possession. Instead, you must use one of the statutory grounds at any stage of the tenancy.
Serving Notice – Accuracy Is Critical
A revised statutory notice (Form 3A) must be used from 1 May 2026.
The notice must:
- Clearly state the ground(s) being relied upon
- Include the full legal wording
- Give the correct notice period
- Specify when court proceedings can begin
Even small errors may invalidate a claim.
Timing Restrictions
Some grounds, including selling or moving into the property, cannot be used within the first 12 months of a tenancy. Notice periods vary depending on the ground used.
Strategic planning before letting will become increasingly important.
Deposit Compliance Still Matters
Courts can refuse possession if:
- The deposit was not protected within 30 days
- Prescribed information was not served correctly
- Deposit compliance remains a key legal requirement.
Court Process & Evidence
If a tenant does not leave after notice expires, landlords must apply to the county court. Claims based solely on rent arrears can be made online; others must use standard court forms.
Strong documentation will be essential. This may include:
- Tenancy agreements
- Rent schedules and bank statements
- Correspondence records
- Evidence supporting the possession ground
Judges will expect clear, organised evidence. Procedural errors remain one of the most common reasons claims fail.
What This Means for East Midlands Landlords
The new framework places greater emphasis on:
- Proactive tenancy management
- Accurate record keeping
- Strict procedural compliance
- Evidence-based decision making
Possession will remain possible where legitimate grounds exist, but it will require careful preparation.
We strongly encourage members to familiarise themselves with the full Government guidance ahead of implementation.
You can read the official guidance here:
If you have questions about how these changes may affect you, please contact the EMPO team.