For decades, the assured shorthold tenancy gave landlords a simple exit route. Serve a Section 21 notice, wait out the notice period, and regain possession without giving a reason. That route is closing. The Renters' Rights Act removes Section 21 entirely and moves all tenancies onto a periodic footing, with possession only available through defined grounds under Section 8. For landlords and tenants across Kent, this is not a minor tweak. It changes how tenancies start, how they run, and how they end.
What periodic tenancies actually mean
Once the reform is in force, new and existing tenancies become periodic rather than fixed term. There is no six or twelve month contract that automatically renews or expires. Instead, the tenancy continues on a rolling basis, typically month to month, until either the tenant gives notice to leave or the landlord establishes a valid ground for possession. For tenants, this removes the anxiety of a fixed end date and gives genuine flexibility to leave with proper notice once they have settled in. For landlords, it means rethinking the assumption that a tenancy naturally ends at a point you chose in advance. Every tenancy now continues indefinitely unless a specific, evidenced reason brings it to a close.
How the new possession grounds work
With Section 21 gone, landlords rely entirely on Section 8 grounds to regain a property. These grounds fall broadly into two categories: mandatory and discretionary. Mandatory grounds mean that if the landlord proves the ground applies, the court must grant possession. Discretionary grounds mean the court decides whether it is reasonable to grant possession even where the ground is proven.
Key mandatory grounds landlords should understand include selling the property, moving in a landlord or close family member to live there, and significant rent arrears. Each carries its own notice period and evidential requirements. Selling and moving-in grounds typically cannot be used within the opening period of a tenancy, which is designed to stop landlords using them as a disguised version of the old no-fault eviction. Arrears grounds require the tenant to owe a specified level of unpaid rent both when notice is served and at the hearing, so landlords need accurate, dated rent records rather than a rough sense that payments have slipped.
Discretionary grounds cover situations such as anti-social behaviour, breach of tenancy conditions, and persistent late payment of rent that has not reached the mandatory threshold. These require the landlord to present evidence to a judge and persuade the court that eviction is a reasonable outcome given the full circumstances. This is a materially higher bar than serving a no-fault notice, and landlords should expect court proceedings to take longer and demand more preparation.
What this means for landlords in practice
The practical shift is from a paperwork exercise to a case-building exercise. Landlords who previously relied on Section 21 as a fallback now need to manage tenancies with the same discipline a business would apply to any long-term contract. That means keeping a clear, dated record of rent payments and arrears, documenting any communication about property condition or behaviour, and understanding exactly which ground applies before serving any notice.
It also means being realistic about timescales. Court possession claims take time to list and hear, and discretionary grounds in particular can be contested. Landlords planning to sell a property or move in a family member need to plan several months ahead rather than assuming a fixed notice period will deliver vacant possession on a set date. Where landlords intend to use the sale or moving-in grounds, they should be prepared to show genuine intent, since these grounds exist to protect a real change of circumstances, not a routine way to end a tenancy.
Good record keeping becomes the single most valuable habit a landlord can build. A simple, up to date ledger showing rent due, rent paid, and any arrears accumulated will make a rent arrears ground straightforward to evidence. Written notes or messages relating to property condition, noise complaints, or breaches of tenancy terms will do the same for discretionary grounds. Landlords who treat this as routine administration, rather than something to assemble only once a problem arises, put themselves in a far stronger position if a possession claim becomes necessary.
What this means for tenants in practice
Tenants gain a meaningful increase in security. Without a fixed term expiring and without the threat of a no-fault notice, a tenant who pays rent on time and meets their obligations has a much clearer, more defensible position. This does not mean tenancies cannot end. Rent arrears, breach of tenancy terms, or a landlord's genuine need to sell or move in remain valid routes to possession. Tenants should understand that discretionary grounds still allow a court to grant possession where there is a persistent pattern of late payment or a breach of the tenancy agreement, even if the arrears threshold for a mandatory ground has not been reached.
Tenants giving notice to leave a periodic tenancy should check the specific notice period required under their agreement and confirm it in writing, keeping a copy for their own records. This protects both parties from disputes about when notice was given and when a tenancy is due to end.
Practical steps for landlords right now
Start by reviewing every tenancy agreement in a portfolio and identifying which will move onto the periodic model. Set up or refine a rent tracking system so that arrears figures are accurate to the day, since mandatory grounds depend on precise thresholds. Where anti-social behaviour or property damage becomes an issue, begin recording it immediately with dates and detail rather than relying on memory. If a sale or a family member's need to move in is likely within the next year, take early legal advice on timing, since these grounds cannot be used within the opening period of certain tenancies and require genuine evidence of intent.
Practical steps for tenants right now
Keep your own record of rent payments, ideally with bank statements or transfer confirmations, so you can demonstrate your payment history if it is ever questioned. Read your tenancy agreement carefully to understand the notice period you must give if you decide to leave. If a landlord raises a possession claim, understand which ground they are relying on, since mandatory and discretionary grounds carry very different obligations and different chances of being contested successfully.
The bigger picture for Kent's rental market
Across Kent's mix of coastal towns, commuter belts and rural villages, the end of Section 21 changes the working relationship between landlords and tenants from a fixed-term arrangement with a built-in exit to an ongoing relationship governed by conduct and circumstance. Investors weighing new purchases should factor in longer, more evidence-based possession processes when assessing risk. Existing landlords should treat the transition as a prompt to tighten administration rather than a reason for alarm. Tenants should see it as a genuine increase in stability, provided they continue to meet their side of the agreement. Understanding the grounds, keeping clean records, and acting early on any dispute will serve both sides far better than trying to navigate the new system reactively once a disagreement has already begun.