Possession Grounds and Evidence: What Records Matter Under the Renters' Rights Act

Since 1 May 2026 a landlord in England can no longer use section 21 to end an assured tenancy without giving a reason. To regain possession against the tenant's wishes you need a ground, and if the tenant stays after a valid notice, you go to court. GOV.UK's guidance on grounds for possession says the landlord then has to provide evidence that the ground applies.

This post is about the practical side of that: which records are worth having, and why dates matter. It is general information, not legal advice, and it doesn't say whether any particular ground is made out. That is for the court. Check GOV.UK, a solicitor or a landlord association for your own case. For the wider picture, see our post on why landlord records matter.

What the Act changed

The Act's own text is short on detail about evidence. Three provisions are relevant to the paper trail, all in force from 1 May 2026 for specified purposes (check legislation.gov.uk for the exact commencement position):

  • Section 3 and Schedule 1, changes to grounds for possession. Grounds are reformed, including extended grounds for serious, persistent rent arrears and for anti-social behaviour, as set out in the GOV.UK roadmap.
  • Section 4, anti-social behaviour: relevant factors. This amends section 9A of the Housing Act 1988. The court can now consider whether the tenant "has co-operated with any attempt by the landlord to encourage the conduct to cease". For houses in multiple occupation, the court must have particular regard to the effect on other occupiers.
  • Section 5, form of notice of proceedings. This lets regulations require a prescribed form, published by the Secretary of State, for the notice that starts possession proceedings. Use the current official form rather than an old template.

Notice periods and thresholds differ between grounds, and some GOV.UK pages were still being updated when we checked. We haven't repeated figures here: confirm them against the current guidance for the date you serve notice.

Why dated records become more useful

Whatever the ground, the same practical question comes up: what can you show, and when did it happen? A few examples of where a date changes the value of a record:

  • Rent arrears. The history of what was due, what was paid and what you said to the tenant about it. A note that you contacted them "a few times" is weak. A log of each call, text and voicemail, with dates, is not.
  • Anti-social behaviour. Because of section 4, how the tenant responded when you raised a problem is something a court may look at. A record of what you asked them to stop, when, and what they said back is relevant to that.
  • Tenant correspondence. Replies, promises to pay, agreements about access or repairs. These are most useful when made at the time, not reconstructed months later from memory.
  • The notice itself. A copy of what was served, the date, the method, and who was present or what proof of posting you have.

What a useful record looks like

Keep it dated, factual and complete:

  1. Dated. Date and time of each contact, noted when it happens.
  2. Factual. What was said or seen, not opinions about the tenant. "Tenant said payment would be made Friday" is better than "tenant is unreliable".
  3. Complete. Include the contact that doesn't help you. A one-sided record is less convincing than a full one.
  4. Tied to the tenancy. Which property, which tenant, which issue.
  5. Backed up in writing. Confirm phone conversations by text or email the same day, so the other side has had the chance to correct you.

If a complaint comes from a neighbour or another tenant, record who reported it, when and what they said, and think about their privacy before sharing it. The communication guide covers what to log and how long to keep it, including the data protection points.

Where this is easy to lose

The contact most likely to matter is often the least formal. A rent chase left as a voicemail, an ASB complaint passed on by phone while you were out, a text thread on a phone you've since replaced. Keeping tenant contact on a dedicated number, separate from your personal one, puts calls and messages for each property in one place. TenantCall is built for that kind of per-property log, though it is a record-keeping aid, not a substitute for advice or for the official forms.

Where to check

Frequently asked questions

Do landlords need evidence to get possession under the Renters' Rights Act?

Yes. GOV.UK's guidance on grounds for possession says that if a tenant does not leave after a valid notice, the landlord must apply to court and provide evidence that the ground applies. With section 21 'no fault' evictions abolished from 1 May 2026, a landlord in England has to rely on a section 8 ground. This is general information, not legal advice.

What changed for anti-social behaviour possession claims?

Section 4 of the Renters' Rights Act 2025 amends section 9A of the Housing Act 1988. It adds a factor the court can consider: whether the tenant has co-operated with any attempt by the landlord to encourage the conduct to stop. For houses in multiple occupation, the court must also have particular regard to the effect on other occupiers. A dated record of what the landlord raised with the tenant, and how the tenant responded, is therefore relevant. Whether a ground is made out is for the court, so take advice on your own case.

What records should a landlord keep before going to court?

The principle is to keep dated, factual and complete records made at the time: for rent arrears, the rent due and received and every contact about it; for anti-social behaviour, each complaint with its date, who reported it and what was said, and any steps the landlord took; and a copy of the notice with the date and method of service. GOV.UK and the courts do not publish a single checklist of what evidence will be enough, so check the official guidance and take advice from a solicitor or landlord association.