Article 3: Possession Procedure After 2026 – Process, Evidence, and Compliance
Introduction
The procedural reforms introduced by the Renters’ Rights Act 2025 are as significant as the substantive changes. The abolition of section 21 removes the accelerated possession procedure, replacing it with a system that relies entirely on the standard possession process under CPR Part 55.
This fundamentally alters the nature of possession proceedings, transforming them into fully contested civil claims.
From Accelerated to Standard Procedure
Under the pre-2026 regime, landlords frequently relied on the accelerated procedure, which allowed possession claims to be determined without a hearing.
That route is now largely unavailable. As of 1st Augst 2026, all new claims must proceed under the standard procedure, requiring:
- issue of a claim form (Form N5),
- detailed particulars of claim, and
- attendance at a court hearing.
The Role of Evidence
Evidence is now central to every possession claim. Landlords must be prepared provide:
- tenancy agreements,
- rent schedules,
- correspondence records, and
- documentation supporting the chosen ground.
For example, a claim under Ground 1A (sale) may require:
- estate agent instructions,
- valuation reports, and
- evidence of intention to market.
This evidential burden represents a significant shift from the previous regime.
Compliance Requirements
The court may refuse to grant possession unless certain statutory conditions are met:
- Deposit protection compliance under the Housing Act 2004;
- Registration on the PRS database (section 90 RRA 2025).
These requirements operate as a gateway to possession. Even where a ground is clearly established, failure to comply may result in the claim being dismissed or adjourned.
Hearings and Judicial Approach
Possession hearings are likely to become more substantive. Judges will consider:
- whether the ground is made out,
- whether procedural requirements have been met, and
- in discretionary cases, whether it is reasonable to grant possession.
This aligns possession proceedings more closely with mainstream civil litigation and may increase both cost and duration.
Conclusion
The procedural reforms reinforce the central theme of the RRA 2025: possession is no longer a summary process but a structured legal claim requiring preparation, compliance, and evidence.