Landlords are facing a more complicated route to recovering possession of their properties following the introduction of the Renters’ Rights Act. Rising tenant challenges, increased litigation and pressure on the courts could make possession proceedings more costly and time-consuming.
The Renters’ Rights Act introduced major changes to the possession process from 1 May 2026, including the abolition of Section 21 ‘no-fault’ evictions. Landlords must now rely on specific grounds under the revised Section 8 process when seeking possession.
Law firm Thackray Williams says it has seen a sharp increase in instructions from landlords seeking vacant possession, as well as from tenants challenging eviction notices.
For landlords, the message is clear: recovering possession now requires more preparation and careful record-keeping.
Why Are Evictions Becoming More Complicated?
Before the changes, landlords could use Section 21 to seek possession without having to establish a specific reason.
That route is no longer available for new possession proceedings.
Landlords now need to rely on the appropriate Section 8 grounds and follow the relevant legal process. Where a tenant challenges the notice, the matter may progress to court, potentially adding further time and expense.
This means landlords need to ensure their tenancy records and supporting evidence are accurate before beginning possession action.
The Cost of a Longer Possession Case
Thackray Williams has warned that more contested cases, combined with pressure on the court system, could lead to longer and more expensive litigation.
The financial impact of a delayed possession case can extend well beyond legal fees.
Landlords may also face:
The longer a property remains tied up in a possession dispute, the greater the potential impact on cash flow.
For landlords with multiple properties, being able to see rental income, tenancy status and property costs together can make it easier to understand how an individual problem affects the wider portfolio.
Tenant Challenges Could Add Further Pressure
Thackray Williams says it has seen increased instructions from tenants who have received eviction notices.
The firm links this to wider pressure in the rental market, where tenants may find it difficult to secure affordable alternative accommodation.
This could contribute to more contested possession cases and put additional pressure on courts already dealing with backlogs.
For landlords, this means serving a possession notice may only be the beginning of the process.
If a tenant challenges the claim, landlords may need to provide evidence, attend proceedings and wait for a court decision.
That makes having a clear documentary trail increasingly important.
Preparation Starts Before Possession Action
Landlords should keep accurate and accessible records throughout a tenancy, rather than trying to gather everything when a possession issue arises.
Important records can include:
Keeping this information organised can help landlords quickly establish what has happened during a tenancy and locate documents if they are required later.
For landlords managing several properties, Propell brings property, lettings and compliance information together in one place, making it easier to keep track of key records across a portfolio.
Don’t Overlook Cash Flow
A lengthy possession process can be particularly difficult for landlords who rely on rental income to cover mortgages and other property costs.
Even after possession is granted, there may be additional time and expense before a property can be repaired, re-let or sold.
This is why landlords should have a clear view of their portfolio's financial position and understand which properties could be most affected by prolonged vacancies or rent disruption.
Keeping track of lettings, rental performance and property information can help landlords make better-informed decisions when circumstances change.
What Does This Mean for Landlords?
The Renters’ Rights Act has not removed a landlord's ability to recover possession.
However, the process is now more dependent on specific legal grounds, correct procedures and supporting evidence.
With the possibility of more contested cases and court delays, landlords should allow for the fact that possession may not happen as quickly as expected.
The best approach is to treat possession as a process rather than a single event.
That means maintaining accurate records, monitoring tenancy information and keeping compliance documentation up to date throughout the tenancy.
For landlords using Propell, property, letting and compliance information can be kept together, giving them a clearer overview of what is happening across their portfolio.
The Bigger Picture
The private rented sector is continuing to change, with landlords facing new possession rules alongside wider registration and compliance requirements.
As the regulatory environment becomes more demanding, staying organised is becoming increasingly important.
A landlord may not be able to control how quickly a tenant challenges a possession claim or how long a court case takes. But they can control how prepared they are when a problem arises.
Keeping the right information organised and accessible can help landlords respond more efficiently and avoid unnecessary delays caused by missing records.
With possession proceedings becoming more complex, good portfolio management is no longer just about knowing where your properties are. It is about having the information needed to manage each tenancy effectively.
Frequently Asked Questions
1. Can landlords still evict tenants after the Renters’ Rights Act?
Yes. Landlords can still seek possession using the applicable Section 8 grounds, but the Section 21 ‘no-fault’ route has been abolished for the new regime.
2. Why could possession take longer?
A tenant can challenge a possession claim, and contested cases may need to go through the courts. Increased litigation could add further pressure to an already stretched court system.
3. What records should landlords keep?
Landlords should maintain accurate tenancy, rent, inspection, maintenance, compliance and communication records. A clear documentary trail can be particularly important if a possession claim is challenged.
