Possession after Section 21: a careful guide for England landlords
How to approach possession grounds, evidence and notices after the 1 May 2026 reforms—without relying on an outdated template.
In brief
Possession is now a fact-specific process. The correct ground, notice period, evidence and court route depend on why possession is sought and what has happened during the tenancy. Treat any checklist as a starting point—not a substitute for current forms or legal advice.
01
Start with the reason and the evidence
Government guidance covers grounds including rent arrears, antisocial behaviour, sale and occupation by a landlord or close family member. Each ground has its own conditions. Record the facts first, then identify the ground; do not reverse-engineer the evidence around a preferred notice.
02
Use the current process
Before serving anything, confirm that the ground applies, the evidence is complete, the prescribed form is current and the notice period is correct. The rules can differ where there are existing proceedings, transitional arrangements or disputed facts.
- Download forms from an official source.
- Keep proof of how and when the notice was delivered.
- Do not describe an email open as proof that a statutory notice was served.
03
Escalate uncertainty early
A defective notice can cost time and money. If the ground, service method, tenancy status or evidence is uncertain, obtain advice from a housing solicitor or another appropriately qualified adviser before serving.
Rules and rollout dates can change. Recheck these primary sources before acting.