With Section 21 evictions no longer available, how can landlords secure possession of their rental properties? Possession in the private rented sector must now proceed under section 8 of the Housing Act 1988, relying on the Schedule 2 grounds as amended by the Renters’ Rights Act.

To succeed in regaining possession under the new system, landlords and their agents must understand the distinction between mandatory and discretionary grounds and identify the appropriate grounds on which to make your possession application.

This also includes ensuring all compliance requirements are complete and evidenced, notice is served correctly and the the right documents and evidence are prepared.

Mandatory grounds

A mandatory ground is one where, if the landlord proves the ground and has served a valid section 8 notice giving the required notice period, the court must make a possession order.

For agents, the key practical point is that the ground must fit the facts precisely and the evidence must be complete from the outset.

The mandatory grounds now cover a broad range of circumstances. Some relate to the landlord’s own plans, including moving back in, enabling close family members to occupy the property, or an intention to sell.

Others apply where possession is needed because a mortgage lender requires vacant possession, a superior lease is ending, the property is student accommodation, or redevelopment or enforcement action makes continued occupation incompatible.

There are also grounds dealing with 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 stage.

Discretionary grounds 

Discretionary grounds are those where the court may make a possession order if the ground is proved, but it must also be satisfied that it is reasonable to do so.

This means evidence should not only establish the facts relied on, but also show the wider context, including the impact of the issue, any history of warnings or support, and why lesser steps would not resolve the problem.

The discretionary grounds cover situations including suitable alternative accommodation, rent arrears or persistent late payment, breach of tenancy obligations, deterioration of the property or furniture, anti-social behaviour, employment-linked lettings, false statements made to obtain the tenancy and other specific circumstances.

Importance of compliance 

Before serving a Section 8 notice, landlords and agents should check that all letting-stage and ongoing compliance obligations are complete and evidenced.

That includes safety and tenancy documents such as the EICR, gas safety record, EPC, How to Rent guide, deposit protection and prescribed information, and the Renters’ Rights Act Information Sheet, where required.

Gaps can derail possession proceedings, particularly where reasonableness is in issue.”

Gaps can derail possession proceedings, particularly where reasonableness is in issue. Common pitfalls include using the wrong form, giving the wrong notice period, misstating the ground, including inaccurate tenancy details, missing ground-specific preconditions and failing to keep clear proof of service.

Serving notice correctly 

Form 3A must be completed accurately, with the correct grounds, tenancy details and notice period.

Service also needs to be capable of proof. Personal service should be recorded at the time and, where possible, supported by an acknowledgement or process server’s certificate.

Postal service should be by recorded delivery and first-class post, with certificates of posting retained. Email or electronic service should only be used where the tenancy agreement expressly allows it.

Required evidence 

If a claim proceeds to trial, landlords and agents should be ready with a clear evidence bundle that proves both the tenancy and the ground relied on.

Core documents will usually include the tenancy agreement and any renewals, rent variations or assignments, evidence of the landlord’s title or status, and where relevant, the completed Form 3A and proof of service, a rent schedule up to the hearing date, witness statements and correspondence with the tenant, including pre-action letters, warnings, payment plans and offers.

The bundle should also include compliance documents such as deposit protection records, prescribed information, EPC, gas safety records, How to Rent guide, EICR remedial evidence, the Renters’ Rights Act Information Sheet and any licences or consents relevant to the property’s lawful use.

For the key new grounds of sale (Ground 1A), student HMO (Ground 4A) and persistent arrears (Ground 8A), you need to provide additional, ground-specific information.

For example, if the landlord wants to sell the property, they will need to demonstrate this at the hearing date.

Evidence of an offer (such as a Memorandum of Sale) or active marketing (such as estate agent correspondence, screen shots of live listings and records of viewings) will be required, along with proof that the tenancy has run for the minimum 12 months and that the property will not be re‑let within 12 months of obtaining possession.

For agents, the message is clear: successful possession claims will depend on accurate notices, compliant files and evidence-led preparation.