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Section 8 possession evidence checklist

Since Section 21 ended on 1 May 2026, possession in England runs on evidence. Work through what you hold and see which gaps decide claims.

Nothing you tick here is sent anywhere. This is a checklist, not legal advice.

Why are you seeking possession?

The ground changes the notice period and some of what you need to evidence.

The tenancy paperwork

  • Why it matters and what to do

    It is the document the whole claim is built on. Every other obligation you are about to rely on is one this agreement created.

    If you don't: Find the signed copy and store it against the tenancy — not in an email thread from three years ago. If it was never signed, get advice before serving anything.

  • Why it matters and what to do

    Protection on its own is not the proof — the reference is. Its absence is a defence a tenant can raise against your claim, and it is one of the first things a duty solicitor checks.

    If you don't: Get the reference from your scheme (TDS, DPS or mydeposits) and record it against the tenancy alongside the amount and the date protected.

  • Why it matters and what to do

    Serving it is a separate duty from protecting the deposit, and landlords who did the first routinely cannot evidence the second.

    If you don't: Re-serve it now if you cannot prove the original service, and keep a dated record of how it was sent.

Certificates — held and served

  • Why it matters and what to do

    Holding a valid certificate and having served it on the tenant are two different questions, and only the second is usually in dispute. A gap in the middle of a tenancy is visible in the record even when today's certificate is in date.

    If you don't: Keep every year's record rather than only the current one, and keep a dated record of the tenant receiving each.

  • Why it matters and what to do

    Five-yearly, and the same held-versus-served distinction applies. A missing EICR also feeds straight into a disrepair counterclaim.

    If you don't: Book the inspection if it has lapsed, and send the report to the tenant in a way you can evidence later.

  • Why it matters and what to do

    The weakest of the three on its own, but its absence gets cited alongside the others to build a picture of a tenancy run loosely.

    If you don't: Check the expiry — ten years from issue — and send a copy to the tenant.

The record of how the tenancy ran

  • Why it matters and what to do

    Ground 8 turns on the arrears figure still holding up at the hearing, not on what it was the day you served notice. A running balance cannot show that. Dated periods can.

    If you don't: Rebuild the ledger period by period from your bank statements before serving anything, and keep it current from then on.

  • Why it matters and what to do

    The Renters' Rights Act raised Ground 8 from two months to three on 1 May 2026, and the level has to hold at the hearing. A tenant who pays a month down on the court steps takes the mandatory ground away.

    If you don't: Below the threshold, Grounds 10 and 11 are still open but discretionary — the judge decides, which makes everything else on this list matter more, not less.

  • Why it matters and what to do

    A disrepair counterclaim is a common response to an arrears claim. Your maintenance history can end up on trial alongside the rent ledger, and “I sent someone round at some point” is not an answer to it.

    If you don't: Log every report, what you did, and when it was resolved — including the ones you fixed the same week, because those are what show a pattern of responding.

  • Why it matters and what to do

    “The landlord never responded” against “I called them on the 3rd” is the most contested category there is, and almost nobody keeps a record of it. The party with the contemporaneous note wins that exchange.

    If you don't: Write down calls and doorstep conversations the same day, with the date. A note made at the time is evidence; one written after the dispute started is argument.

The notice itself

  • Why it matters and what to do

    Four weeks for the arrears grounds (8, 10 and 11), raised from two. Four months for Grounds 1 and 1A. Serving short does not shorten the process — it restarts it.

    If you don't: Check the period against the specific ground before serving, and diarise the earliest date proceedings can be issued.

8 decisive gaps

0 of 11

These are the gaps that routinely decide claims. Close them before serving notice rather than after.

  • A signed tenancy agreement, on file and findable. Find the signed copy and store it against the tenancy — not in an email thread from three years ago. If it was never signed, get advice before serving anything.
  • Deposit protected, with the scheme reference recorded. Get the reference from your scheme (TDS, DPS or mydeposits) and record it against the tenancy alongside the amount and the date protected.
  • Prescribed information served on the tenant, with proof. Re-serve it now if you cannot prove the original service, and keep a dated record of how it was sent.
  • Gas safety record in date, and given to the tenant. Keep every year's record rather than only the current one, and keep a dated record of the tenant receiving each.
  • A dated rent ledger: what was due, what was paid, period by period. Rebuild the ledger period by period from your bank statements before serving anything, and keep it current from then on.
  • Arrears at three months' rent (or thirteen weeks), at service and still at the hearing. Below the threshold, Grounds 10 and 11 are still open but discretionary — the judge decides, which makes everything else on this list matter more, not less.
  • The right notice period for the ground you are using. Check the period against the specific ground before serving, and diarise the earliest date proceedings can be issued.
  • A repair history with dates, responses and outcomes. Log every report, what you did, and when it was resolved — including the ones you fixed the same week, because those are what show a pattern of responding.
  • EICR in date, and given to the tenant. Book the inspection if it has lapsed, and send the report to the tenant in a way you can evidence later.
  • EPC in date, and given to the tenant. Check the expiry — ten years from issue — and send a copy to the tenant.
  • A log of what you told the tenant, and when. Write down calls and doorstep conversations the same day, with the date. A note made at the time is evidence; one written after the dispute started is argument.
What this checklist cannot tell you

Whether your ground is made out. Ticking every box means the evidence exists. It doesn't mean the facts support possession, that the notice is validly drafted, or that a judge will exercise a discretionary ground your way. Grounds 10 and 11 in particular are decided on the whole picture, which is why the repair log and the communication record matter as much as the rent ledger.

For a property in Wales, Scotland or Northern Ireland, none of this applies: those are separate regimes with their own grounds and notice periods. LetBuddy handles all four nations, but this checklist is England only.

The gap is almost never the certificates

What's missing is the middle of the tenancy, and it can't be rebuilt once a dispute starts.

Every tenancy builds a dated record as it runs, and you export it as one PDF for your solicitor.
Why the middle of the tenancy matters

Most landlords who work through this list find the certificates and the agreement are fine. What's missing is the middle of the tenancy: which repair was reported when, what was done about it, what was said on the phone in March. That can't be reconstructed once a dispute starts. A note made at the time is evidence. One written afterwards is argument.

LetBuddy builds it as the tenancy runs. Every rent period, repair, certificate, notice and logged conversation lands on one dated timeline per tenancy, and exports as a single PDF for your solicitor.

Common questions

What evidence do I need for a Section 8 possession claim?

A signed tenancy agreement, proof the deposit was protected with its scheme reference, evidence the prescribed information was served, in-date gas safety, electrical and EPC certificates that were actually given to the tenant, a dated rent ledger showing what was due and what was paid in each period, a repair history with dates and outcomes, and a log of what you communicated to the tenant and when. The communication log is the piece most landlords do not have and the one most often disputed.

How much rent arrears do I need for Ground 8?

Three months' rent unpaid for a monthly tenancy, or thirteen weeks where rent is paid weekly or fortnightly. The Renters' Rights Act raised this from two months on 1 May 2026, and the arrears have to still be at that level at the hearing rather than only when the notice was served.

How much notice do I have to give under Section 8?

Four weeks for the rent arrears grounds (8, 10 and 11), raised from two weeks on 1 May 2026. Four months for Ground 1 (you or a family member moving in) and Ground 1A (selling the property), neither of which can be used in the first twelve months of a tenancy.

Does this checklist apply in Wales, Scotland or Northern Ireland?

No. Section 8 of the Housing Act 1988 is an England regime. Wales runs the separate Renting Homes (Wales) Act 2016, and Scotland and Northern Ireland have their own eviction routes with different grounds, notice periods and tribunals. Using this checklist for a property outside England would give you an answer to the wrong question.

Is a disrepair counterclaim likely if I claim for arrears?

It is the routine response. A tenant defending an arrears claim will commonly counterclaim for disrepair, which puts your maintenance history in front of the judge alongside your rent ledger. A repair log kept at the time (reports, what you did, when it was resolved) is the answer to it, and it has to have been kept as the tenancy ran rather than assembled afterwards.

Does this checklist store what I tick?

No. It runs entirely in your browser. Nothing you tick is sent to a server, saved, or tied to an account, and you do not need to sign up to use it.

Is this legal advice?

No. It is a checklist of the evidence a possession claim in England commonly turns on, built from published guidance. Whether a ground is made out on your facts is a question for a housing solicitor. An hour of their time before you serve is cheaper than a failed claim.

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