Will I Still Be Able to Take Possession of My Property?

Landlords: What You Need to Know About the Renters' Rights Bill

If you're a self-managing landlord, the Renters' Rights Bill may raise concerns about your ability to regain possession of your property. One of the most significant changes is the removal of Section 21 Notices, which currently allow landlords to evict tenants without providing a reason.

After the Bill takes effect, attempting to serve a Section 21 Notice could lead to legal consequences such as fines or the notice being declared invalid. While the Bill introduces important changes, it still protects your rights as a landlord.

Here’s what you need to know:

Grounds for Possession

The Renters' Rights Bill aims to protect responsible landlords while ensuring tenants are shielded from arbitrary evictions. To do this, it clarifies and expands the grounds for possession under a Section 8 Notice:

1. Moving Back In
If you or a close family member needs to move into the property, you can use Ground 1. However, it cannot be used within the first 12 months of a new tenancy, and you must give tenants 4 months' notice. Also, you won't be able to re-market or re-let the property for 12 months after the notice expires or the court process begins, should your plans change.

2. Selling the Property
If you wish to sell your property, you can regain possession using Ground 1A. As with Ground 1, it cannot be used within the first 12 months, and a 4-month notice period applies. You also won’t be allowed to re-market or re-let the property for 12 months after the notice expires or the court process begins.

3. Rent Arrears
The threshold for rent arrears has increased from 2 to 3 months, and the notice period has been extended from 2 to 4 weeks, allowing tenants more time to resolve their arrears. Grounds 8, 10, and 11 are available in these cases.

4. Tenant Fault Grounds
If a tenant fails to meet their responsibilities—such as engaging in anti-social or criminal behavior—you can seek possession under Ground 7A.

5. Other Mandatory Grounds
There are additional mandatory grounds available for landlords, including:

• Redevelopment of the property

• Compliance with an enforcement action

• Death of a tenant

6. Other Discretionary Grounds
There are various other discretionary grounds for landlords to use, such as:

• Rioting, subletting, smoking

• Deterioration of the property or furniture

• Tenancy obtained by false statements

Court Process

As with the current system, landlords will need to go to court if tenants do not leave voluntarily. The court will require evidence to support your ground for possession. For mandatory grounds, possession will be granted if the ground is proven. For discretionary grounds, the court will also assess whether eviction is reasonable.

Protections for Tenants

To ensure fairness and tenant security, the Bill introduces:

• A 12-month protected period at the start of a tenancy, during which landlords cannot use moving-in or sale grounds.

• Extended notice periods to provide tenants with more time to find alternative accommodation and reduce the risk of homelessness.

Staying Prepared as a Landlord

Here’s how you can stay ahead:

• Understand the New Rules: Familiarise yourself with the changes introduced by the Renters' Rights Bill. Knowing your rights and obligations is essential for effective property management.

• Keep Clear Records: Document everything—from rent payments to tenant communications and property inspections. This evidence will be crucial if you need to prove a ground for possession.

• Review Your Tenancy Agreements: Ensure your agreements are updated to reflect the new legislation, clearly outlining tenant and landlord responsibilities.

• Seek Professional Advice: If you're unsure about how the changes affect you, consult a legal expert. They can offer guidance to help you stay compliant.

Key Takeaway

The Renters' Rights Bill means landlords will still be able to regain possession of their properties, but the process will be more structured and fair. By staying informed and proactive, you can continue managing your properties effectively while respecting tenants' rights.

Take Action Now

Feeling overwhelmed by the rental reform changes? We’re here to simplify it for you. Our blog breaks down everything landlords need to know—without the myths. If you're in Bookham, Guildford, Leatherhead, or the surrounding areas, contact us for tailored advice. Call us at 01372 456 804 or email info@pwdproperty.co.uk.