Consider a rented residential property. The overwhelming likelihood is that this is let under an assured shorthold tenancy (AST). To get possession the letting agent or landlord must serve either a section 8 notice (relying on mandatory or discretionary grounds) or, until 30 April 2026, a section 21 notice (if relying on no-fault grounds).

Assuming you as the agent has taken those steps and complied with any pre-notice procedural requirements, what do you do if the tenant refuses to vacate?

Section 3 of The Protection for Eviction Act 1977 provides that a residential tenant cannot be evicted without a court order. This will incur irrecoverable (but necessary) costs to seek possession of the property.

The tenant may defend the claim. Depending on the contents of the defence, this may result in the landlord being denied possession. Even if possession is obtained, the court might decide to postpone the possession date.

Once the possession date arrives, there is no guarantee the tenant will leave. A warrant of possession must be applied for(to bring in the bailiffs). Often when agents have gone to such lengths to obtain possession, the property will not be left in the best condition. So, on top of court, legal and bailiff’s feesthat will need to be paid by the landlord, there may also be deposit issues and dilapidations that the agent may have to deal with.

These issues, coupled with the Renters’ Rights Act 2025 (“RRA”) coming into force, can provide a particularly nasty headache for those who merely want possession of their properties.

On 1 May 2026 the RRA will abolish ASTs and, by extension, section 21 notices. All existing ASTs will convert to assured periodic tenancies. This means that landlords and agents will only be able to obtain possession if they can rely on at least one ground of the (amended) Schedule 2 of the Housing Act 1988.

The consensus is that the RRA provides greater protection to tenants and will make obtaining possession in many cases more arduous. Accordingly, there are potential steps agents should consider taking imminently.

Get possession now

Is the tenant difficult, or otherwise in breach? If so , can  any of the Schedule 2 grounds be relied upon (once the RRA is in force)? If not, it might be prudent to serve a section 21 notice now. This will involve checking there are no bars to serving a notice (i.e. the deposit is protected, EPC in place, “How to Rent” guide served et al). Advice should be taken as to whether there are any steps which can be taken retrospectively to ensure that the section 21 notice served is valid.

Alternatively, can you reach an agreement with the tenant to vacate the property voluntarily? Offering tenants a financial incentive or a rent-free period (conditional upon the tenants vacating on an agreed date or otherwise giving a notice to quit) could incentive the tenant and result in regaining possession of the property. Of course, any financial incentive to vacate will require the landlord’s blessing (and chequebook).

Tenants often require more time than that provided in a notice to quit to source new accommodation. Being willing to accommodate requests for additional time (without prejudicing their right to obtain possession) can save your landlord’s time and money by avoiding court proceedings. It often results in the tenants leaving on amicable terms.

Rent arrangements 

Agents should ensure that comprehensive referencing takes place to reduce the risk of taking on tenants who are undesirable or cannot pay. While the RRA will prevent rent being demanded in advance (although rent in advance can be accepted if tendered by the tenant after the tenancy has started), agents should consider exploring guarantor arrangements. In theory there is nothing preventing a tenant from paying the rent upfront to a third-party guarantor which would then pay the landlord monthly. However, caution must be exercised and due consideration given to the penalties under the RRA before considering such arrangements.

Good management

If your client landlords currently have good tenants who they want to retain, it is worth recommending to those landlords to consider incentivising the tenants to stay by, for example, keeping any rent increases to small manageable amounts, to discourage the tenants from looking for alternative accommodation. Any issues at the property should be addressed promptly and management should be efficient.

Similarly, well-advised agents will keep detailed records of any tenant-created issues, which can be relied upon if the relationship breaks down and the information is needed to support a possession claim.

In summary, there is significant change on the horizon. This article only scratches the surface on the forthcoming reforms. Agents should ensure that proper advice is taken to ensure their objectives, as well as those of their landlords, can be agreed.

Michael Ellis, partner, and Georgina Salt, Solicitor, at Wilsons Solicitors. 

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