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

If you are a self-managing landlord, it’s natural to have concerns about how the Renters' Rights Bill will affect your ability to regain possession of your property. One major change is that Section 21 Notices, which currently allow landlords to evict tenants without providing a reason, will no longer be available for use.

Attempting to serve a Section 21 Notice after the Bill comes into effect could result in significant legal consequences, such as fines or having the notice declared invalid. While the Bill introduces significant changes, it does not remove 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 achieve 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 need to move into the property, this Ground 1 is available. However, it cannot be used within the first 12 months of a new tenancy, and you must provide tenants with 4 months' notice.  Please also note that you will not be allowed to re-market or re-let the property within 12 months of the expiry of the Notice (or commencement of the court process if later), should your plans change.
2. Selling the Property: Landlords who wish to sell their property can regain possession using Ground 1A, however, it cannot be used within the first 12 months. A 4 month notice period applies in this case as well.  Please also note that you will not be allowed to re-market or re-let the property within 12 months of the expiry of the Notice (or commencement of the court process if later), should your plans change.
3. Rent Arrears: The mandatory threshold for rent arrears has increased from 2 to 3 months, and the notice period has been extended from 2 to 4 weeks to give tenants more time to resolve arrears. Grounds 8, 10 and 11 are available.
4. Tenant Fault Grounds: If a tenant fails to meet their responsibilities, such as engaging in anti-social or criminal behaviour, landlords can seek possession under Ground 7A.
5. Other Mandatory Grounds: There are other mandatory grounds available for Landlords to use which cover:

Redevelopment of the property

Compliance with an enforcement action

Death of a tenant

6. Other Circumstances: There are various other discretionary grounds available for Landlords to use which cover:

Rioting, subletting, smoking

Deterioration of the property or furniture

Tenancy obtained by false statement

Court Involvement

As in the current system, landlords must go to court if tenants do not leave voluntarily. The court will require evidence that the ground for possession is valid. For mandatory grounds, possession will be awarded if the ground is proven. For discretionary grounds, the court will also consider whether eviction is reasonable.

Protections for Tenants

To balance landlord rights with 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 give tenants more time to find alternative accommodation, reducing the risk of homelessness.

Staying Prepared as a Landlord

1. Understand the New Rules: Familiarise yourself with the changes introduced by the Renters' Rights Bill. Knowing your rights and obligations is key to effective property management.
2. Keep Clear Records: Document everything from rent payments to communications with tenants and property inspections. This evidence will be crucial if you need to prove a ground for possession.
3. Review Your Tenancy Agreements: Update your agreements to align with the new legislation and clearly outline tenant and landlord responsibilities.
4. Seek Professional Advice: Consult a legal expert if you have concerns about how the changes affect your situation. They can provide guidance to ensure you are fully compliant.

A Call to Action for Landlords in the Salisbury, Wilton, and Warminster area

If you’re a landlord in these areas, consider joining a landlord association, landlord networking or Facebook group for advice and support. These groups offer resources, updates on legislative changes, and forums for sharing experiences with other landlords. Staying informed and connected can help you navigate these changes with confidence.

Key Takeaway: Landlords can still take possession of their properties under the Renters' Rights Bill, but the process is more structured to ensure fairness. By staying proactive and informed, you can continue to manage your properties effectively while respecting tenants' rights.