How possession grounds under Section 8 are changing: part one

But don’t worry – the government is expanding and strengthening these possession grounds to help landlords run their businesses.

Keep reading for practical insights into this part of the Renters’ Rights Act (RRA) and what to expect from the new system.

The end of Section 21

Since their introduction under the Housing Act of 1988, Section 21 ‘no-fault’ evictions have given landlords a fast and straightforward way to seek possession of a property. They can ask the tenant to leave after two months’ notice and use a court possession order if needed. This convenience often makes it their preferred choice over a Section 8, where specified grounds are required.

From the tenant’s point of view, however, the existence of Section 21 means a less predictable home life. While most landlords treat people well, some unscrupulous ones might use the threat of a Section 21 to discourage tenants from requesting better living conditions.

The new and improved Section 8

The government wants to improve the system. From the start of May this year, landlords can no longer serve any Section 21 notices and must rely on Section 8 to seek possession of a property. For this reason, the government is strengthening and expanding the powers of the existing Section 8 to strike a balance between the rights of landlords and tenants.

Let’s look at how Section 8 is changing.

Revised grounds for possession

The RRA broadens the list –  from 21 to 37 –  to give landlords more grounds to end a tenancy. The possession grounds can be mandatory or discretionary:

• Mandatory grounds mean the court must grant possession if the ground is proven. For example, if the landlord or close family want to move into the property.
• Discretionary grounds mean it’s up to the court to decide whether to grant possession, based on the specific circumstances. For example, if the landlord believes the tenant has failed to look after the property and provides evidence of damage, the court will decide if eviction is reasonable or not.

New grounds include 1A, which allows landlords to recover possession if they plan to sell their property. (They must give at least four months’ notice and wait until after the first 12 months of periodic tenancy.) We’ll discuss this in more detail in a blog post next month.

Other grounds have been strengthened. For instance, anti-social behaviour can be tackled under Grounds 7A and 14, so landlords can begin legal proceedings immediately after serving notice. Here’s the government list of grounds and the notice you must give. In general, notice periods are longer than in the current system.

If a landlord thinks they have grounds for possession, their next step is to start court proceedings.

The court process

Under the new system, there will be no accelerated possession proceedings, and courts won’t make possession orders on paper. All claims will require a court hearing, meaning landlords will need to cover higher litigation costs.

However, once a possession order is granted, it will remain effective, and the landlord can use bailiffs.

Final thoughts

Getting ready for the new way of working? We’ll publish the second part of this blog post – on specific new grounds of Section 8 – next month. You can also find more information on the government website.