The Renters' Rights Act (RRA) came into force in May 2026, abolishing Section 21 no-fault evictions in England. Every possession claim must now be brought under Section 8 of the Housing Act 1988 - the fault-based route that requires landlords and agents to evidence specific legal grounds. Get the process wrong, and you are back to square one.

What the New Rules Actually Require

Section 21 is gone. That means the relatively straightforward "no-fault" notice route no longer exists. Instead, every possession claim runs through Section 8 of the Housing Act 1988, where the landlord or agent must prove one or more of the statutory grounds - rent arrears being the most common.

That sounds manageable. It is not, if the paperwork trail is incomplete.

Mike Carter, litigation partner at Bermans law firm and a practising advisor to letting agents and landlords, put it plainly: "Unless they get their paperwork exactly right, it could feel like snakes and ladders - where missing a step or failing to meet the criteria will likely result in them having to start the process all over again." (Letting Agent Today, 29 April 2026.)

The consequences are concrete. A possession hearing can be adjourned or struck out entirely if the required documentation is not in order. For an agent managing a property on behalf of a landlord, that failure is not just the landlord's problem - the agent carries direct liability for process errors.

The Three Areas Most Likely to Trip You Up

Carter identified non-compliance as a "high-risk game" (Letting Agent Today, 29 April 2026). Based on the RRA requirements, the risk clusters in three places.

Rent arrears documentation. The arrears ground under Section 8 of the Housing Act 1988 requires a precise, up-to-date arrears schedule. Gaps, rounding errors, or a ledger that does not match the tenancy agreement will weaken your claim.

Tenancy documentation. The tenancy agreement, prescribed information, deposit protection certificate, and any required notices must all be present and correctly served. Missing or incorrectly dated prescribed information is a common reason claims are struck out before they reach a hearing.

Communication trails. Courts expect evidence that the landlord or agent attempted to resolve arrears before issuing a Section 8 notice. Emails, letters, and call logs need to be dated, saved, and organised before you file.

Less than two-thirds of letting agents were reported as ready for evictions post-RRA in the same period (Letting Agent Today, April 2026). If your process has not been audited against the new requirements, it likely has gaps.

What Agents Need to Do Before Filing

Carter's advice is direct: "Proper planning, reviewing processes, and ensuring all documentation is fully compliant." (Letting Agent Today, 29 April 2026.) That is not bureaucratic caution - it is the minimum required to avoid a wasted hearing fee and months of lost time.

Before filing any Section 8 claim under the Housing Act 1988, check the following. Does the arrears ledger reconcile exactly to the tenancy agreement rent figure? Are all prescribed documents present and correctly served? Is there a dated communication trail showing arrears contact? Has the correct Section 8 notice period been observed for each ground relied upon?

Carter's summary is worth keeping visible: "Those who fail to plan and satisfy all the criteria simply won't get possession and could find themselves sent back to square one." (Letting Agent Today, 29 April 2026.)

The RRA has raised the compliance bar for every possession claim. Agents who treat the new process as a version of the old one will find out the hard way that it is not.