Regaining Possession in 2026: What Landlords Need to Know (Before It’s Too Late) ⏰

Regaining Possession in 2026: What Landlords Need to Know (Before It’s Too Late) ⏰

Gravesham landlords need to prepare for major changes to possession rules. These changes make planning ahead essential 📋. If you’re unsure how this affects your property, read 👇 on or speak to M&M for clear, local advice .

If you’re a landlord in Gravesham or the surrounding areas, the way you regain possession of your rental property is changing in a big way! Whether you’re thinking about selling, dealing with rent arrears 💷, or planning ahead for the future, it’s important to understand your options before you need them.

Here are the key points you should know, in plain English 👇

 
Existing Section 21 Notices – Deadlines Matter ⏳

If you’ve already served a Section 21 notice before May 2026, there is now a clear time limit:
• You must start court proceedings within 6 months of serving the notice,
• Or by 26th July 2026 — whichever comes first.

If you miss this deadline, you may lose the ability to rely on that notice and be forced to start again under the new rules. If you’re a Gravesham landlord sitting on a served notice, this is something you should check straight away.
 

Section 8 – Ground 1: Selling or Moving Back In 🏡

Going forward, Ground 1 under Section 8 is expected to become one of the most commonly used routes to regain possession (aside from rent arrears). This applies if:
• You want to sell the property 
• You or a close family member want to move back in 

Here’s how it works:
• The notice period is 4 months
• You can’t use this ground in the first 12 months of a new tenancy
- You can serve notice at month 8, but
- You can’t start court proceedings until after the first 12 months has passed
• If you evict in order to sell, you cannot re-let the property for 12 months
- So no “testing the market” — you’ll need to be sure this is the right decision 

For landlords in Gravesham considering selling in the near future, this makes forward planning absolutely essential.
 

Section 8 – Rent Arrears 💷

For rent arrears cases, the thresholds are also changing:
• The tenant must be in at least 3 months’ arrears before notice can be served
• The notice period will be 4 weeks

This means local landlords will need to monitor arrears more closely and act promptly, rather than letting situations drag on 👀.
 

Re-Letting a Property: A New Check for Landlords 🔍

When marketing a property for rent in Gravesham, there’s an important new rule:
• If a landlord has used Ground 1 to regain possession in the last 12 months,
- That property cannot be re-let during that 12-month period.

As part of our process at M&M Estate & Letting Agents, we’ll be checking this with all new instructions to make sure everything is fully compliant before going to market ✅.
 

What This Means for Gravesham Landlords

The message is simple: the rules are getting tighter, and mistakes are getting more expensive. Whether you own one buy-to-let in Gravesend or a larger portfolio across the borough, getting the timing and the process right is crucial.

If you’re thinking about selling, worried about arrears, or just want to understand how these changes affect your property, speak to us first 💬. A quick chat could save you months of stress and unnecessary legal costs.


📞 Got a question straight away? Contact our team - we're here and ready to help!

📍 M&M Estate Agents, Gravesend, DA12 1AH
📞 01474 321957
📧 lettings@mandmprop.co.uk


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