Main legal grounds landlords can use to seek possession
There are a number of legal grounds a landlord may be able to use to end a tenancy. Below are some of the main grounds that may apply from 1 May 2026.
Rent Arrears
A landlord may be able to seek possession if a tenant has built up serious rent arrears. For the mandatory rent arrears ground, the tenant will usually need to owe at least:
The arrears must usually meet the required threshold both when notice is served and at the court hearing.
In most cases, landlords must give 4 weeks’ notice before starting court action.
Persistent late payment of rent
A landlord may also be able to seek possession where a tenant has repeatedly paid rent late, even if they are not in enough arrears at the time of the hearing to meet the mandatory rent arrears ground.
This ground may apply where there is a pattern of persistent arrears or repeated delayed payments.
In most cases, landlords must give 4 weeks’ notice before starting court action.
Landlord Selling the Property
A landlord may be able to recover possession if they genuinely intend to sell the property.
This ground cannot usually be used during the first 12 months of a new tenancy, and landlords must usually give the tenant 4 months’ notice.
Where this ground is used, landlords are generally restricted from marketing or re-letting the property for 12 months after using the ground, subject to limited exceptions.
The landlord or a close family member wants to move in
A landlord may also be able to seek possession if they, or a close family member, genuinely intend to move into the property as their home.
As with the selling ground, this cannot usually be used during the first 12 months of a new tenancy, and landlords must usually give the tenant 4 months’ notice.
Where this ground is used, landlords are generally restricted from marketing or re-letting the property for 12 months after using the ground.
Redevelopment or major works
A landlord may be able to seek possession where substantial redevelopment or major works are planned and the tenant could not reasonably remain in the property while the work is carried out.
This ground is intended for genuine redevelopment or major works, not minor improvements or cosmetic upgrades.
In most cases, this ground cannot usually be used during the first 6 months of the tenancy, and landlords must usually give 4 months’ notice.
Breach of tenancy agreement
A landlord may be able to seek possession where a tenant has breached the terms of their tenancy agreement.
Examples might include:
In most cases, landlords must give 2 weeks’ notice before starting court action.
Anti-social behaviour
A landlord may be able to seek possession where a tenant, a member of their household, or a visitor has engaged in anti-social behaviour.
This can include behaviour that causes nuisance, alarm, distress, harassment, or serious disruption to neighbours or the local community.
For this ground, a landlord can usually begin court proceedings immediately after serving notice, although the court cannot normally make a possession order for 14 days from the date the notice is served.
Important to know
The grounds above are a summary of some of the main legal reasons a landlord may be able to seek possession from 1 May 2026. Whether a landlord can successfully regain possession will depend on the facts of the case, the ground being relied on, and the outcome of any court proceedings.
In most cases, landlords must follow the correct legal process, serve the right notice, and provide appropriate evidence where required.
A note on timing
This page reflects the possession rules that apply in England on and after 1 May 2026. Different rules applied before that date, and some notices served before 1 May 2026 may have been subject to transitional arrangements.
