Government Releases New Guidance on Eviction Process Under the Renters Rights Act

The government has issued fresh guidance outlining how landlords will need to handle evictions once the Renters Rights Act takes full effect. The new rules, which come into force from 1 May 2026, introduce separate procedures depending on the reason for seeking possession, creating a more divided and process-heavy system for landlords.

Under the guidance, evictions based solely on unpaid rent must be submitted through the Possession Claim Online Service (PCOL). Meanwhile, all other Section 8 possession claims will continue to rely on the traditional, paper-based route. The split in process marks one of the most significant procedural shifts for landlords in recent years and signals a further tightening of requirements within the private rented sector.

What Are the New Notice Requirements & Grounds for Possession Under the Renters Rights Act?

The government maintains that landlords must issue tenants with the correct notice period for each ground under the Renters Rights Act. These grounds include both mandatory and discretionary reasons for ending a tenancy, and failing to follow the correct notice rules will put the entire claim at risk.

If a tenant does not vacate the property within the notice period, landlords may take the matter to the courts. The list of mandatory grounds, already published by the government, allows courts to grant possession orders where the landlord can provide sufficient proof. This gives landlords more certainty in cases involving persistent arrears or clear breaches of tenancy.

It must be noted that landlords can use PCOL only when seeking possession for rent arrears. This digital service costs £404, lets landlords complete the required court forms online and offers updates throughout the claim process.

But it cannot be used for other standard possession cases, such as regaining the property in order to sell it or for other breaches of the tenancy agreement. This means landlords wishing to evict tenants in order to sell, deal with serious tenancy breaches or recover properties for personal use must still navigate the manual, slower paper system. The divide creates a two-track process that landlords will need to understand long before they serve their first notice.

How Will the Courts Handle Repossession Claims?

Once a landlord submits a claim, the court will send a copy of the claim to the tenant, issue the landlord a notice of issue and claim number, and set a date for the possession hearing. Tenants then have 14 days to file a defence and the court will forward any defence received back to the landlord.

Ahead of the hearing, landlords must provide the court with a full evidence pack. This pack typically includes the N5 and N119 forms, supporting documents and a copy of the tenant’s defence. All paperwork must reach the court at least 14 days before the hearing, or the case risks being delayed.

Most hearings will take place at the local county court and landlords must bring all relevant documents with them. Anyone needing additional assistance, such as translation or accessibility support, should notify the court in advance.

A judge may adjourn, dismiss or grant an outright or suspended possession order. Dismissal can occur for several reasons, including missing paperwork, procedural mistakes, failure to prove the grounds or cleared rent arrears. In such cases, landlords may face the tenant’s legal costs and must restart the entire process if they wish to proceed.

Where possession is granted, tenants must leave by the date ordered, usually within 14 days for mandatory grounds, although extensions of up to six weeks may be granted where there is evidence of extreme hardship.

This is all in line with the end of no-fault evictions promised by the Renters Rights Act.

Does This Guidance Make Repossession Harder for Landlords?

A little.

This guidance adds yet another layer of administrative and financial pressure on landlords. The new system is less forgiving of small errors, and failing to follow the exact procedure could cost landlords time, money and, in some cases, the ability to regain possession.

Landlords must understand that the new process now demands structure, documentation and strategic foresight. Emotion or frustration will not persuade a court; only well-presented evidence and procedural compliance will.

What Should Landlords Do Next?

Landlords who want to remain resilient in the face of the Renters’ Rights Act will need to adjust their operating habits now rather than waiting until 2026.

First, map out all potential possession routes across your portfolio. Understanding which grounds might apply to each tenancy reduces confusion later and helps landlords plan for different outcomes with clarity.

Second, improve evidence-keeping. Courts place the burden of proof squarely on landlords, meaning rent statements, records of anti-social behaviour, photographs of property damage and proof of intended sales must be organised from the outset. Consistent documentation is one of the strongest shields against adjournments and unnecessary dispute.

Third, model both PCOL and paper-based scenarios into your financial planning. With different timescales and costs associated with each route, cashflow planning becomes crucial, particularly for landlords with tight margins or multiple properties.

Finally, evaluate whether certain properties continue to justify the administrative load. Some landlords may find strategic disposals more efficient than repeatedly dealing with complicated tenancies.

Conclusion

The new guidance may feel restrictive, but professionalism offers landlords an advantage. Those who prepare early, document thoroughly and understand the system are far better positioned to defend their rights and minimise costs.

As the rental sector moves into a more regulated era, preparedness, not worry or frustration, will determine which landlords maintain long-term stability.