Legal

Section 8 Possession: A Landlord's Guide

How to use Section 8 to regain possession after Section 21 abolition. Mandatory and discretionary grounds, notice periods, and evidence requirements.

Max fine: No direct fines, but improper eviction attempts can lead to prosecution

Deadline: Notice periods depend on the ground used

Key Facts

Only route to possession after Section 21 abolition
Mandatory grounds: court must grant if proved
Discretionary grounds: court decides if reasonable
Notice periods vary from 2 weeks to 12 months
Strict evidence requirements for all grounds

Section 8 After the Renters' Rights Act

With the abolition of Section 21 no-fault evictions under the Renters' Rights Act 2025, Section 8 becomes the sole route for landlords to regain possession. This makes it essential to understand the grounds available, the evidence required, and the procedures to follow.

Mandatory Grounds

Mandatory grounds require the court to grant possession if the ground is proved. Key mandatory grounds include Ground 1 (landlord needs to live in the property — requires 4 months' notice and cannot be used in the first 12 months of a tenancy), Ground 2 (mortgage lender requiring sale), Ground 6 (substantial works needed), Ground 7 (death of tenant), and Ground 8 (serious rent arrears of at least 2 months). The Renters' Rights Act modifies several of these grounds.

Evidence Requirements

Under the new regime, courts will scrutinise evidence more carefully. For rent arrears, you need comprehensive payment records, correspondence, and attempts to resolve. For anti-social behaviour, you need incident logs, third-party reports, and any warnings issued. For property damage, you need dated photographs, inspection reports, and repair costs. RightHold's Section 8 Evidence Builder helps you compile court-ready evidence.

The Possession Process

Step 1: Serve a valid Section 8 notice with the correct notice period for your ground. Step 2: If the tenant doesn't leave, apply to court for a possession order. Step 3: Attend the hearing with your evidence bundle. Step 4: If granted, enforce the order through county court bailiffs if needed. Errors at any stage can invalidate the process.