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Section 8 possession evidence checklist
Since Section 21 ended on 1 May 2026, possession in England runs on evidence. The ground has to be named and proved, and the paperwork is no longer a gate you pass on the way to a hearing — it is the case. Work through what you actually hold, and see which gaps are the ones that decide claims.
Nothing you tick here is sent anywhere. This is a checklist, not legal advice.
The tenancy paperwork
Certificates — held and served
The record of how the tenancy ran
The notice itself
8 decisive gaps
0 of 11These 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 — not that 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 by the judge on the whole picture, which is exactly 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 particular checklist is England only, and a confident answer to the wrong question is worse than no answer.
The gap is almost never the certificates
Most landlords who work through this list find the certificates and the agreement are fine. What is 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 record cannot be reconstructed once a dispute starts — a note made at the time is evidence, and 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.
Readiness checklist
Signed tenancy agreement on file
Uploaded 14 Mar 2025
Deposit protected with a reference recorded
MyDeposits · ref ending 4471
Gas safety, EICR and EPC in date
Earliest expiry 2 Feb 2027
No open repair older than 28 days
Boiler service open 31 days
Timeline
2 Aug · Phone call · You → Tenant
Discussed missed July rent, agreed a plan
14 Jul · Repair logged
Boiler not firing — engineer booked
1 Jul · Rent due, unpaid
£700 · balance now £1,400
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 a confident 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 contemporaneous repair log — 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, and an hour of their time before you serve is cheaper than a failed claim.
Keep the record as it happens
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