Following the abolition of Section 21 evictions, landlords in England must now rely exclusively on Section 8 of the Housing Act 1988 to regain possession of rental properties, utilising grounds amended by the Renters’ Rights Act.
The change requires landlords and letting agents to understand the distinction between mandatory and discretionary grounds for possession, as well as ensuring compliance requirements are met before serving notice.
Mandatory grounds for possession
Under mandatory grounds, courts must grant a possession order if the landlord proves the ground and has served a valid Section 8 notice with the required notice period. These grounds cover circumstances including landlord occupation, family member occupation, property sale, mortgage lender requirements, ending of superior leases, student accommodation, redevelopment, and enforcement action.
Additional mandatory grounds address supported or homelessness-related accommodation, severe anti-social or criminal behaviour, lack of right to rent, and substantial rent arrears requiring at least three months’ arrears at both notice and hearing stages.
Discretionary grounds and reasonableness test
Discretionary grounds allow courts to grant possession if the ground is proved and the court considers it reasonable to do so. Evidence must establish not only the facts but also wider context, including impact, history of warnings or support, and why alternative measures would not resolve the issue.
These grounds include suitable alternative accommodation, rent arrears or persistent late payment, breach of tenancy obligations, property deterioration, anti-social behaviour, employment-linked lettings, false statements to obtain tenancy, and other specific circumstances.
Compliance requirements
Before serving Section 8 notice, landlords must verify completion of all compliance obligations. Required documentation includes electrical installation condition reports (EICR), gas safety records, energy performance certificates (EPC), How to Rent guides, deposit protection and prescribed information, and the Renters’ Rights Act Information Sheet where applicable.
Common errors that can derail proceedings include using incorrect forms, providing wrong notice periods, misstating grounds, including inaccurate tenancy details, missing ground-specific preconditions, and failing to retain proof of service. The changes come as housing market transactions face volatility and increased regulatory pressure across the sector.
Notice and evidence requirements
Form 3A must be completed with correct grounds, tenancy details and notice periods. Service must be provable through personal service recorded with acknowledgement or process server’s certificate, postal service by recorded delivery with certificates of posting retained, or email service only where tenancy agreements expressly permit.
Evidence bundles for trial must include tenancy agreements and renewals, rent variations or assignments, proof of landlord’s title, completed Form 3A with proof of service, rent schedules to hearing date, witness statements, and correspondence including pre-action letters, warnings, payment plans and offers.
Compliance documents required include deposit protection records, prescribed information, EPC, gas safety records, How to Rent guide, EICR remedial evidence, Renters’ Rights Act Information Sheet, and relevant licences or consents.
Ground-specific evidence
For new grounds including sale (Ground 1A), student HMO (Ground 4A) and persistent arrears (Ground 8A), additional evidence is required. Property sale claims require demonstration of intent at hearing date through offers such as Memorandum of Sale or active marketing evidence including estate agent correspondence, listing screenshots and viewing records, along with proof the tenancy has run for minimum 12 months and the property will not be re-let within 12 months of possession.
The procedural changes affect landlords navigating an increasingly complex regulatory environment, as estate agents manage transactions under new compliance frameworks. Industry professionals emphasise that possession claims will now depend on accurate notices, compliant documentation and evidence-led preparation.
The shift from Section 21 to Section 8 represents a fundamental change in how landlords regain possession of properties, with success dependent on meeting specific evidentiary standards and procedural requirements from the outset of proceedings.
