Possession Grounds Reform Under the RRA 2025: Schedule 1 Walk-Through for Landlords

Schedule 1 of the Renters' Rights Act 2025 (2025 c. 26) is the most consequential amendment to the assured-tenancy possession regime since the Housing Act 1988 itself. It restructures Schedule 2 of the 1988 Act (the catalogue of grounds for possession against assured tenants) in seven distinct ways: it introduces one wholly new ground (Ground 1A landlord intent to sell), amends Ground 1 (landlord and family occupation) to remove the old prior-notice gate and add a 1-year prior-tenancy condition, raises the Ground 8 rent-arrears threshold from 8 weeks to 13 weeks (3 consecutive months on monthly tenancies), reshapes Ground 14 anti-social behaviour with the new relevant-factors test under RRA 2025 s.4, harmonises notice periods across the regime, locks the 12-month re-letting restriction in the new HA 1988 s.16E (inserted by RRA 2025 s.15), and integrates the broader RRA enforcement architecture against landlords who misuse the grounds.

This guide walks through the Schedule paragraph by paragraph. For the operational counterpart (notice mechanics, evidential pack composition, service rules under LPA 1925 s.196), see our companion page on the operational mechanics of Section 21 abolition under the RRA 2025. For the broader tax-implications framework, see the tax implications page. For the headline rule-of-law summary, see our Section 21 abolition guide.

Where the Reform Sits in the Statute Book

The reformed grounds catalogue is not a free-standing document. To find the operative text, three sources need to be read together:

• Housing Act 1988 Schedule 2 (as amended) contains the grounds in their current substantive form. This is the consolidated text a court will refer to at a possession hearing. Source: legislation.gov.uk HA 1988 Sch 2.
• RRA 2025 Schedule 1 contains the amendments. To understand what changed and why, the Schedule 1 text is the audit-trail source. Source: legislation.gov.uk RRA 2025 Sch 1.
• RRA 2025 ss.4, 5, 15, and 16 contain free-standing provisions that interact with the grounds: s.4 the relevant-factors test for ASB, s.5 the prescribed-form notice regime, s.15 inserting HA 1988 ss.16I to 16L (the enforcement architecture covering the 12-month re-letting restriction and other landlord misconduct), and s.16 the procedural and appeals rules for the new civil penalty regime.

The reform took substantive effect on 1 May 2026 under SI 2026/421 reg.2 (Commencement No. 2 Regulations). Existing fixed-term ASTs current on 30 April 2026 converted to periodic assured tenancies on commencement; all subsequent possession claims run through the reformed Section 8 framework regardless of whether the underlying tenancy began before or after 1 May 2026.

The Seven Structural Changes Schedule 1 Makes

At a high level, Schedule 1 effects seven distinct structural changes to HA 1988 Sch 2:

1. Inserts new Ground 1A: landlord intent to sell, mandatory, 4-month notice, 1-year prior-tenancy condition.
2. Amends Ground 1: removes the prior-notice gate, expands the qualifying-occupier set, adds the 1-year prior-tenancy condition, 4-month notice.
3. Amends Ground 6: substantial works ground updated to reflect the post-AST regime, 4-month notice.
4. Amends Ground 8: raises the mandatory rent-arrears threshold from 8 weeks to 13 weeks (weekly) or 3 consecutive months (monthly), preserved at notice and hearing.
5. Reshapes Ground 14: new relevant-factors test under RRA 2025 s.4 structures the court's discretion; the ground itself remains discretionary.
6. Harmonises notice periods across the regime: 4 months for landlord-led mandatory grounds (1, 1A, 6), 2 weeks for serious tenant-default mandatory grounds (Ground 8), 2 weeks for most discretionary grounds, immediate for the most serious ASB grounds.
7. Locks the enforcement spine: RRA 2025 s.15 inserts HA 1988 s.16E (12-month re-letting restriction) and ss.16I-16L (financial penalty architecture) backing Grounds 1 and 1A with £40,000 per-offence civil-penalty exposure.

New Ground 1A: Landlord Intent to Sell

Ground 1A is the new pillar for portfolio rationalisation. Pre-reform, a landlord wanting to sell with vacant possession had to use Section 21 because no Schedule 2 ground addressed sale intent. The Section 21 route required no reason and no evidential support; the post-reform landscape requires both.

Substantive Requirements

• The landlord must demonstrate genuine intention to sell the dwelling or grant a long lease (a lease for a term of more than 21 years, which sits outside the assured-tenancy regime under HA 1988 Sch 1 para 3D inserted by RRA 2025 s.31).
• The tenancy must have begun at least 1 year before the relevant date (the relevant date is the date the notice of proceedings is served).
• The 4-month notice period applies, which is the longest in the reformed regime alongside Grounds 1 and 6.

Operational Consequences

The genuine-intention element is the attack surface in defended hearings. Tribunals are increasingly testing it, particularly where landlords have served Ground 1A and then attempted to re-let. The 12-month re-letting restriction (HA 1988 s.16E) backs the integrity of the ground by criminalising any re-let within 12 months of recovery; this is not a re-test of intent at re-let stage but a hard prohibition with strict-liability consequences.

Where Ground 1A Cannot Be Used

• Tenancies of less than 1 year at the relevant date (the 1-year condition is a structural bar, not a discretionary factor).
• Where the landlord has no plausible disposal route (no agent instructed, no marketing started, no valuation obtained). Possession will likely fail at the genuine-intention stage.
• Where the dominant motivation is to re-let at a higher rent or to a preferred tenant cohort; that is the territory the 12-month re-letting restriction was designed to police.

Amended Ground 1: Landlord and Family Occupation

Pre-reform Ground 1 was procedurally hobbled by the prior-notice rule: the landlord had to give written notice before the tenancy started that the property might be required for landlord-occupation, which made the ground unavailable in any tenancy where this notice had not been served (the vast majority of routine BTL grants). Schedule 1 removes the prior-notice gate entirely and adds a new structural gate in its place.

The Qualifying-Occupier Set

The intended occupier must be one of: the landlord, the landlord's spouse, civil partner, child, parent, parent-in-law, grandparent, or qualifying step-relationship within the set. The property must be intended as the occupier's only or principal home (not a second home, not a holiday property, not an investment-monetisation cover story).

The 1-Year Prior-Tenancy Condition

Ground 1 cannot be invoked until the tenancy has been in place for at least 1 year before the relevant date. The condition is structural, not discretionary; tribunals will not exercise discretion to overlook a tenancy that has been running for 11 months. The condition prevents Ground 1 being used as a sham route to vacant possession on newly-commenced tenancies.

Aborted Occupation and the 12-Month Restriction

Where Ground 1 possession is recovered but the intended occupation does not in fact happen (the intended occupier changes plans, deteriorating circumstances make the move impractical), the 12-month re-letting restriction under HA 1988 s.16E still binds. The landlord cannot re-let the property for 12 months. Aborted-occupation cases are increasingly investigated by local housing authorities because they are the easiest territory in which to test the genuine-intention element retrospectively.

Amended Ground 8: Rent Arrears at Higher Threshold

Ground 8 is the most-used mandatory ground in the assured-tenancy regime. The arrears threshold was previously 8 weeks (weekly rent) or 2 months in arrears (monthly rent), tested both at the date of notice and at the date of hearing. Schedule 1 raises the threshold to 13 weeks (weekly) or 3 consecutive months (monthly). The "at notice and hearing" rule is preserved.

The Threshold Mechanics in Detail

• Tested at the date of notice (the notice must state arrears at the threshold or above) and at the date of the hearing (the arrears must still be at the threshold or above when the court considers the claim).
• If the tenant pays down below threshold between notice and hearing, the mandatory route is lost; the court cannot grant possession on Ground 8.
• The discretionary Ground 10 (some rent arrears, any amount of unpaid rent due) remains available and can be pleaded alongside Ground 8 in the same notice and proceedings. If Ground 8 fails on threshold, Ground 10 may still succeed if the court considers it reasonable to grant possession.
• The "3 consecutive months" formulation on monthly tenancies is new; pre-reform Ground 8 used "2 months in arrears" which could be satisfied by intermittent partial payments. The consecutiveness requirement is stricter.

Why the Threshold Was Raised

The policy reasoning behind the raise was twofold: protecting tenants in temporary financial difficulty from rapid possession action, and forcing landlords to engage with rent-arrears resolution (payment plans, mediation, universal-credit-administrative-delay tolerance) before reaching for the mandatory route. The discretionary Ground 10 + reasonableness test now mediates outcomes that would previously have been routine Ground 8 grants.

Ground 6: Substantial Works

Ground 6 covers the case where the landlord intends to demolish, reconstruct, or carry out substantial works to the dwelling that cannot reasonably be done with the tenant in occupation. Schedule 1 amends Ground 6 to align with the post-AST regime and the 4-month notice period. The substantive test (works must require vacant possession; the landlord must intend to carry them out) is preserved.

What Counts as Substantial Works

• Demolition (full or partial) where the dwelling will be rebuilt.
• Reconstruction work that materially alters the layout or structure of the dwelling.
• Major external or structural works (re-roofing, structural-wall replacement, foundation work).
• Refurbishment work substantial enough that it cannot reasonably be done while the tenant is in occupation (typically internal works requiring the entire dwelling to be unoccupied, with the tenant unable to be temporarily accommodated within the building).

Evidence: detailed scope-of-works document, surveyor or architect engagement letter, planning-permission documentation where applicable, building-regs application, contractor quotations or signed contracts, and a statutory declaration of intent. Cosmetic refurbishment (re-painting, kitchen and bathroom updates that can be done in phases with the tenant in occupation) does not meet the Ground 6 threshold.

Discretionary Grounds Reform: Ground 14 Anti-Social Behaviour

Ground 14 (causing or being likely to cause nuisance, annoyance, illegal activity, or breach of certain prohibitions) remains discretionary; the court must be satisfied both that the ground is established and that it is reasonable to grant possession. RRA 2025 s.4 introduces a new relevant-factors test that structures the court's discretion.

Factors the Court Must Take Into Account

Section 4 directs the court to consider specified relevant factors when exercising the discretion under Ground 14. These factors may include:

• The impact of the behaviour on neighbours and the wider community.
• The cumulative pattern of behaviour, not just isolated incidents.
• Any warnings issued to the tenant and the tenant's response.
• Any mediation offered and whether it was accepted or rejected.
• The vulnerability of the tenant (e.g. mental-health condition, learning disability) and whether reasonable adjustments have been made.
• The risk of homelessness and the alternative-accommodation prospects.

What the Test Does Not Do

The relevant-factors test does not raise the substantive threshold for Ground 14 (the ground is established on the same conduct test as before). It structures the discretionary stage that follows establishment. Cases that previously cleared Ground 14 on both establishment and reasonableness will typically still clear it; cases at the margin (where the conduct was real but the tenant has a strong reasonableness defence) now have a more structured framework for the court's decision.

The 12-Month Re-letting Restriction as Enforcement Spine

The new HA 1988 s.16E (inserted by RRA 2025 s.15) is the single most significant operational change accompanying the Schedule 1 reforms. It binds landlords who recovered possession on Ground 1 or Ground 1A and prevents them from re-letting the property as an assured tenancy for 12 months. The restriction:

• Runs for 12 months from the date possession was recovered (not from the date of notice).
• Covers both letting the property to a new tenant and advertising or arranging for re-let through an agent.
• Is enforced through HA 1988 s.16J (criminal offence) and s.16K (civil penalty up to £40,000 as alternative to prosecution).
• Operates on a strict-liability basis; there is no defence that the landlord changed their mind, that the sale fell through, or that occupation became impractical.
• Can stack against multiple offences across a portfolio, each carrying the £40k cap.

The restriction is the spine that gives the reformed Grounds 1 and 1A their integrity. Without it, a landlord could serve Ground 1A on a sham sale intention, recover possession, then re-let immediately at a higher rent or to a preferred tenant. The restriction makes that approach commercially unworkable and legally risky.

How the Old Section 21 Toolkit Maps Onto the New Grounds

For landlords used to operating under Section 21, the question of how to handle a routine vacant-possession need now requires mapping the old reflex onto the new grounds. The mapping looks like this:

Pre-reform scenario (Section 21 use case)	Post-reform route	Notice period	Key difference
Sell the property with vacant possession	Ground 1A (new)	4 months	Must demonstrate sale intent; 12-month re-let restriction binds.
Reclaim for landlord or family occupation	Ground 1 (amended)	4 months	1-year prior-tenancy condition; 12-month re-let restriction binds.
Carry out major refurbishment	Ground 6 (amended)	4 months	Works must be substantial; must require vacant possession.
Recover for end of fixed term (no other reason)	No direct equivalent	n/a	This use case has no replacement; periodic-tenancy default removes the "fixed term ended" route entirely.
End an under-performing tenancy without a specific tenant fault	No direct equivalent	n/a	Landlord must wait for a tenant-default ground (Ground 8, 10, 11, 12) or rely on Ground 1A if a sale is genuinely intended.
Recover for non-payment of rent (sub-threshold)	Ground 10 (discretionary)	2 weeks	Discretionary route; landlord must demonstrate reasonableness.
Recover for substantial arrears	Ground 8 (amended)	2 weeks	Threshold raised to 13 weeks / 3 consecutive months.

The two "no direct equivalent" rows are the most operationally significant. The Section 21 routes that did not require a specific reason (end-of-fixed-term, end-of-relationship-with-tenant) are no longer available at all under the reformed regime. Landlords who relied on those routes need either a genuine sale plan (Ground 1A) or to accept the tenant for the indefinite continuation of the periodic tenancy.

Practical Sequencing When One Ground Fails

The reformed grounds catalogue allows multiple grounds to be pleaded together in a single notice and proceeding, provided the factual narratives are compatible. Sequencing decisions need to be taken before notice is served because mid-proceedings ground changes are procedurally difficult.

Ground 8 + Ground 10 Combination

This is the most common pleading combination. Ground 8 (mandatory, 13 weeks threshold) and Ground 10 (discretionary, any amount of arrears) operate on the same underlying factual narrative (the tenant is in arrears). If Ground 8 fails because the arrears pay down below threshold before hearing, Ground 10 can still succeed on reasonableness. Pleading both in the same notice is standard practice.

Ground 1A + Ground 8 Incompatibility

Ground 1A (landlord intent to sell) and Ground 8 (rent arrears) cannot be pleaded together because the factual narratives are inconsistent: serving Ground 1A asserts the landlord wishes to recover for sale, which is hard to reconcile with simultaneously pursuing the tenant for rent arrears that the landlord wishes to continue receiving until the sale. Tribunals look unfavourably on inconsistent pleadings.

Ground 1 + Ground 1A Sequencing

Where the landlord has both a family-occupation plan and a sale-fallback, the standard approach is to serve Ground 1 first (because the family-occupation plan is the primary motivation), and if possession is recovered but occupation does not happen, the property is constrained by the 12-month re-letting restriction in any event. Switching to a sale within the 12-month window is permitted (the restriction only bars re-letting, not sale), so the Ground 1 path covers both contingencies. Serving Ground 1A first only makes sense where sale is the primary intent.

Ground 14 + Ground 12 Sequencing

Where a tenant is engaging in both anti-social behaviour and breach of covenant (typical: unauthorised subletting plus nuisance from the sub-tenant), Ground 14 (ASB) and Ground 12 (breach of obligation) can be pleaded together. Ground 14 is the stronger ground because it carries the immediate-notice route; Ground 12 covers the alternative narrative if the ASB does not meet the evidential bar.

The Architecture in One Line

Schedule 1 of the RRA 2025 replaces the Section 21 no-fault eviction route with a structured Schedule 2 grounds catalogue: one entirely new ground (1A), two amended mandatory grounds (1 and 8), a reshaped discretionary ASB ground (14), harmonised notice periods, and a 12-month re-letting restriction (HA 1988 s.16E inserted by RRA 2025 s.15) that backs the two most-misused grounds with a £40,000-per-offence enforcement layer. The architecture rewards landlords who plan sequencing decisions pre-notice and penalises those who treat the new grounds as a Section 21 replacement requiring no evidential pack.