Section 8 – your new route to possession

It’s now almost two months since the Renters’ Rights Act came into force, with section 21 abolished to make way for 37 revised section 8 grounds, as the new route to possession. As part of a new series, we will be taking a deep dive into these grounds, looking into how and when you can use them, notice periods and the level of evidence needed to support your claim.  

One of the biggest changes to come in under the Renters’ Right Act – the loss of section 21 – was a decision that sent shockwaves through the landlord community when the initial intention was announced by the Conversative Government back in 2019. 

Introduced under the Housing Act 1988, section 21, the so-called ‘no fault’ eviction was, historically the most common route to possession, chosen by many landlords as the simplest and most timely way of taking back their properties, with the paper-based court route,allowing landlords to regain property without a court hearing. 

And while landlords did not have to provide their tenant with a reason for repossession, almost inevitably there was one, with section 21 preferred to the section 8 grounds-based process as it was more straightforward.  

Indeed, back in 2019 when the announcement was made, our own research showed that of those who had used the courts in the previous 12 months, almost 75% had used section 21. However reasons were overwhelmingly linked to tenant behaviour, with more than 70% saying they used section 21 due to rent arrears, and 28% saying it was down to anti-social behaviour. ​​​

Revised grounds

In our response to proposals for the Renters’ Rights Bill, and its previous iteration, the Conservatives’ Renters (Reform) Bill, we stressed the need for revised grounds under section 8 of the Housing Act to ensure landlords could still take possession of their property in a timely fashion in legitimate circumstances.  

During conversations with various housing secretaries, and housing ministers, we made the point that landlords with good tenants who pay their rent in full and on time are unlikely to want to evict them from their homes for no reason – and that successful long-term tenancies are what both landlords and tenants want. 

As a result of these conversations the Government has introduced 37 revised grounds under which you can apply for possession of your home – up from 17 under the previous Housing Act rules.  

Like the Housing Act grounds, those coming in under the Renters’ Rights Act  are split into mandatory and discretionary categories. 

• Mandatory grounds: If you can prove to a judge that your circumstances meet the criteria of the mandatory ground then the judge has to grant a possession order – they cannot legally refuse. 

• Discretionary grounds: If you use a discretionary ground the decision as to whether to grant possession is at the court’s discretion. This means a judge can dismiss the claim or suspend the order – even where you have proved the facts.

How do I know which ground to use?

The ground you use will reflect the circumstances you are in – with a full list available here – and unless you have a valid ground you will not be able to repossess your property. 

Some of these grounds are likely to be used more frequently than others, for example ground 1a, indicating intention to sell and ground 8, for serious rent arrears will inevitably come into play more frequently than, for example,  ground 5, which is available where the property is normally used to house a minister of a religion and you need it for that purpose again.

What do I need to do?

Once you have identified the ground you want to use, familiarise yourself with the terms. Many include caveats and specific notice periods; for example when it comes to rent arrears, any unpaid rent that is due to delays in Universal Credit payments cannot be counted when you are calculating what you are owed. 

You should also give some thought to any potential defence your tenant could raise and the evidence you need to collect to prove your case to the courts. 

Over the coming weeks we will be taking a deep dive into some of the more common grounds you are likely to use, to share our advice and expertise. We will also talk you through the forms you will need to fill in to serve a section 8 notice, as well essential guidance and templates for everything from covering letters for your section 8 notice to rent schedule templates.

How long will the section 8 process take?

This was one of our key questions of the Government ahead of the introduction of the Renters’ Rights Act earlier this year. With court wait times already hitting eight months ahead of the new Act coming in, we have serious concerns about the courts’ abilities to cope with demand, with the paper-based process abolished, meaning every possession claim will need a court hearing. 

In his exclusive article for our members’ magazine Property Housing Minister Matthew Pennycook pledged to ‘continue to support the justice system with funding to make sure the courts and tribunals have the resources and capacity they need to cope with any increased demand’, with end-to-end digitisation of the court process – promising to slash waiting times, promised by April/May next year. 

We will continue to monitor the situation and the impact of court waiting times on you and your businesses, while guiding you through the new – and complex regulatory landscape. 

Next week: We will be taking a deep dive into ground 1 and 1a, whereby either a member of your close family wants to move into the property, or you want to sell. 

To find out more about the section 8 grounds watch our Renters’ Rights Act podcast special, where we talk to property dispute expert and managing director of Woodstock Legal Services Carly Jermyn about how the grounds are likely to work in practice.

More information

• For more detail about the new grounds-based possession process visit our exclusive Renters’ Rights members hub here. 
• The NRLA's award-winning training academy runs a course on section 8 notices, including what to do before serving notice, completing and serving the notice correctly and what to do if your tenant issues a counter claim. For more information and to book click here. 
• The academy also runs a comprehensive Renters' Rights Act training offer. Click here to book your place.