Guidance on obtaining Possession: Section 8 Notice

The Renters’ Rights Act introduces significant changes to the private rented sector, including the removal of fixed-term tenancies, increased compliance obligations for landlords, and enhanced rights for tenants.

Section 21 ‘no fault’ evictions have been abolished. Instead, landlords must rely solely on Section 8 and the expanded grounds for possession contained in Schedule 2 of The Housing Act 1988.

The new legislative changes include prohibitions on serving a notice to quit, making informal or verbal demands for possession, or issuing any document that purports to be a notice of possession outside the statutory regime.  A breach of these provisions may result in an initial financial penalty of up to £7,000.

Additionally, a landlord may commit an offence if they knowingly or recklessly rely on a ground for possession that is not valid.

Landlords in Wales

For Landlords in Wales there are different rules for terminating occupation contracts under the Renting Homes (Wales) Act 2016. Please see: Renting Homes Wales for guidance on obtaining possession. 

Resources for Landlords

For more information concerning the recent reforms, landlords should download the Renters’ Rights Act Guidance for Residential Landlords and Guidance: Existing Tenancies & Renters’ Rights Act.

For detailed guidance on how to obtain possession following the Renters’ Rights Act, download the following documents:

• Guidance Notes: Section 8 Housing Act 1988
• Section 8 Notice – How to Complete
• Letter Sending Section 8 Notice to Tenant