Defending a Possession Claim: Your Rights Under the Renters' Rights Act 2025
We defend tenants against possession claims across London, using every ground available under the Renters’ Rights Act 2025
If you’ve received a possession claim from your landlord, you are not required to leave your home immediately, and since 1 May 2026 you have more legal protection than ever before. Section 21 “no-fault” evictions have been abolished in England, so any claim against you must now rely on one of the specific grounds set out in Section 8 of the Housing Act 1988 — and your landlord must prove that ground in court. Many claims fail because of defective notices, missing paperwork, or a landlord who hasn’t met a legal requirement.
Our housing solicitors in London help tenants understand exactly what’s being claimed against them, identify every available defence, and represent them at County Court possession hearings. Below, we explain what changed under the Renters’ Rights Act 2025, which grounds a landlord can now use, how the defence process actually works, and the mistakes that most often cost tenants their case.
What Changed on 1 May 2026: Section 21 Is Gone
Section 21 “no-fault” evictions no longer exist in England. Under the Renters’ Rights Act 2025, landlords could serve a Section 21 notice for the last time on 30 April 2026, and had until 31 July 2026 to start court proceedings on any notice served before the abolition date. From 1 May 2026, virtually all private tenancies automatically converted into periodic assured tenancies, and a landlord can only seek possession by relying on a specific ground under Section 8 of the Housing Act 1988. If you were served with a Section 21 notice after 30 April 2026, or a claim was issued after 31 July 2026 on an old Section 21 notice, that notice is very likely invalid — and that alone can defeat the claim. (GOV.UK: Renters’ Rights Act information sheet; Shelter England)
This is good news for tenants in one specific way: because there is no more “automatic” no-fault route, every possession claim now has to be justified — and every justification can be challenged
The Grounds a Landlord Can Use Under Section 8
A landlord seeking possession must specify one or more grounds in their notice and prove it in court. Mandatory grounds mean the court must order possession if the ground is proven, regardless of your circumstances. Discretionary grounds mean the judge weighs your circumstances and can refuse or delay possession even if the ground is technically made out.
| Ground | Type | What it covers | Notice period |
|---|---|---|---|
| Ground 1 | Mandatory | Landlord (or close family) wants to move in | 4 months, and cannot be used in the tenancy’s first 12 months |
| Ground 1A | Mandatory | Landlord intends to sell the property | 4 months, and cannot be used in the tenancy’s first 12 months |
| Ground 4A | Mandatory | Student let, property to be re-let to new students | 4 months, restricted to the June–September academic changeover |
| Ground 6 | Mandatory | Landlord plans substantial redevelopment | 4 months; cosmetic works don’t qualify |
| Ground 7A | Mandatory | Serious anti-social behaviour (conviction or behaviour order) | 2 weeks |
| Ground 8 | Mandatory | Serious rent arrears — 3+ months’ rent owed (monthly tenancies) or 13+ weeks (weekly) | 4 weeks |
| Ground 9 | Discretionary | Suitable alternative accommodation offered | 2 months |
| Ground 10 | Discretionary | Some rent owed, below the Ground 8 threshold | 4 weeks |
| Ground 11 | Discretionary | Persistent late payment of rent | 4 weeks |
| Ground 12 | Discretionary | Breach of another tenancy term (not rent) | 2 weeks |
| Ground 14 | Discretionary | Anti-social behaviour causing nuisance or annoyance | No minimum — can start immediately |
This table covers the grounds most commonly used against residential tenants; the full list, including Grounds 2, 2ZA–2ZD, 5, 7, 13, 14A, 14ZA, 15 and 17, is on GOV.UK.
Two things worth knowing if you’re facing a Ground 8 claim specifically: the arrears threshold and notice period both increased under the 2025 Act (previously 2 months’/8 weeks’ arrears and 2 weeks’ notice), and if your arrears are solely caused by a delay in a Universal Credit payment you’re entitled to, the court is required to disregard that shortfall when deciding whether Ground 8, 10 or 11 is made out. (Shelter England)
How the Court Process Works Now
With the accelerated Section 21 procedure gone, every possession claim goes through the standard court process under Part 55 of the Civil Procedure Rules. In practice that means:
- Claim issued — your landlord files Claim Form N5 with detailed Particulars of Claim setting out the ground(s) relied on and the evidence for them (for example, rent statements for a Ground 8 claim, or estate agent instructions and a valuation for a Ground 1A sale claim).
- Compliance checks — before the court can grant possession, it must be satisfied the landlord has met certain statutory gateways, including protecting your deposit correctly under the Housing Act 2004 and registering the property on the new Private Rented Sector (PRS) Database under Section 90 of the Renters’ Rights Act 2025. If either hasn’t happened, the claim can be dismissed or adjourned — regardless of whether the ground itself is otherwise sound.
- You respond — you have a limited window to file your defence (see below).
- Hearing — a district judge considers whether the ground is proven, whether the procedural requirements were met, and, for discretionary grounds, whether it’s reasonable to order possession at all.
This is a materially fairer process than the old accelerated Section 21 route, which often didn’t require a hearing at all — but it also means there’s more, not less, for a landlord to get wrong, and more opportunities to challenge a defective claim.
Which Form Do You Need to Defend a Possession Claim?
If you’ve been served with a standard possession claim for a rented property, the form you need is Form N11R — not Form N11B, which was only used for the now-abolished accelerated Section 21 procedure and no longer applies to claims issued after 1 May 2026. If the claim was issued online, you can also respond through the Possession Claim Online (PCOL) service. (GOV.UK: Form N11R)
You typically have 14 days from the date you receive the claim form to file your defence — the court can allow more time in some circumstances, but you shouldn’t rely on that. Your defence should set out, as applicable: any defect in the notice or claim documents, any failure by your landlord to meet a statutory requirement (deposit protection, PRS database registration, gas safety or EPC certificates), why possession wouldn’t be reasonable on a discretionary ground, and the basis for any counterclaim. The form must be signed by you, your solicitor, or an appointed litigation friend. (Shelter England)
Possible Defences to a Possession Claim
Depending on your circumstances, you may be able to rely on:
- An invalid or defective notice — wrong form, wrong notice period, incorrectly served, or (for a pre-1 May 2026 Section 21 notice) one that’s now time-barred entirely
- Non-registration on the PRS Database — a new, straightforward ground to challenge a claim outright under the Renters’ Rights Act 2025
- Deposit protection failures — your deposit wasn’t protected in a government-approved scheme, or you weren’t given the prescribed information
- Missing safety documentation — no valid EPC, Gas Safety Certificate, or EICR provided
- Disputed or overstated arrears — for a Ground 8/10/11 claim, evidence that the arrears figure is wrong, includes unlawful charges, or is caused by a delayed Universal Credit payment
- Unreasonableness on a discretionary ground — for Grounds 10, 11, 12 or 14, evidence of your circumstances, steps taken to remedy the issue, or the hardship eviction would cause
- Procedural errors in how the claim itself was issued or served
Every case turns on its own facts, and the strength of a defence depends heavily on evidence — so getting advice as soon as you’re served, rather than after a hearing date is set, makes a real difference.
Counterclaims Worth Raising
If your landlord is relying on rent arrears, you may be able to bring a counterclaim that reduces or extinguishes what’s owed, including for:
- Disrepair — damages for a landlord’s failure to keep the property in good repair
- Deposit protection breaches — a penalty of one to three times the deposit if it wasn’t protected or the prescribed information wasn’t provided
- Harassment or illegal eviction attempts by the landlord
A successful counterclaim can offset arrears directly, which matters most where a landlord is relying on the mandatory Ground 8 threshold — reducing the arrears figure below three months’ rent can take the ground out of play entirely.
Common Mistakes Tenants Make — and How We Help
- Ignoring the claim form or missing the 14-day deadline. The court can grant possession without hearing your side if you don’t respond in time.
- Assuming a possession claim automatically means eviction. Many claims are defective — wrong grounds, missing PRS database registration, unprotected deposits, or incorrect notice periods.
- Not raising every available defence, particularly the newer PRS Database and Universal Credit disregard points that didn’t exist before the Renters’ Rights Act 2025.
- Not bringing a counterclaim for disrepair or deposit breaches that could offset arrears.
- Attending the hearing without representation, especially now that every claim gets a full hearing under Part 55 rather than a paper-based accelerated process.
At Adam Bernard Solicitors, our London housing solicitors review your notice and claim documents for defects, identify every available defence and counterclaim, prepare and file your Form N11R, and represent you at your County Court hearing — negotiating with your landlord’s solicitors for a delay, suspension, or better outcome wherever possible.
Why Choose Our Housing Solicitors
Our solicitors are SRA-regulated, listed on the Law Society’s Find a Solicitor directory, and have represented tenants in possession proceedings across London for over 15 years. We stay current on housing law as it changes — including the Renters’ Rights Act 2025 reforms — so your defence reflects the rules that actually apply to your case today, not the rules that applied before May 2026.
Frequently Asked Questions
Has Section 21 really been abolished?
What form do I use to defend a possession claim?
How long do I have to respond to a possession claim?
Can my landlord still evict me without giving a reason?
What is the PRS Database, and how can it help my defence?
Can I be evicted for rent arrears if I'm waiting on Universal Credit?
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