Regaining Possession of Your Property

In our experience, it is rare for a landlord to seek possession of their property during a tenancy; after all, a long and uninterrupted lease is typically the most profitable outcome.

There are, however, occasions when vacant possession becomes necessary, whether to reoccupy, sell, or when a tenant has failed to meet their obligations under the tenancy agreement, including the non-payment of rent.

Historically, these circumstances have been addressed through either a Section 21 or Section 8 Notice. However, under the Renters’ Rights Act, Section 21 is to be abolished. From 1st May, landlords will instead need to rely on a Section 8 Notice and prescribed grounds for possession (the number of which has been increased) to lawfully regain their property.

Grounds for Possession

The Act gives 37 Grounds in total, and categorises them as either Mandatory or  Discretionary Grounds. Landlords can use a combination of both or use multiple grounds to rely upon.

Mandatory Grounds

We expect these to be most commonly relied upon and used by Landlords when they, or a family member, wish to reoccupy their property or to sell. There are conditions, such as 4-month notice periods and a prohibition on reletting the property for 12 months after vacant possession is achieved.

Discretionary Grounds

The discretionary grounds typically cover common breaches of tenancy agreements and, in isolation, are not recommended for use to obtain possession. As the names suggest, they are discretionary, and reasonableness will be decided upon by the courts.

Click here to see our list of Possession Grounds that we think will be relevant for our  Landlords.

An evidence-based approach is critical. A Section 8 notice served without appropriate grounds is not only likely to fail, but may even constitute an offence and be subject to a fine or a rent repayment order.

Final Thoughts for Landlords

Prevention remains better than cure. Taking steps to ‘Know Your Tenant’ prior to the commencement of a tenancy can significantly reduce the likelihood of possession proceedings becoming necessary.

At Hurford Salvi Carr, our referencing process includes:

• Identity verification
• Pre-referencing questionnaire
• Rental history checks
• Enhanced third-party referencing

While these measures reduce risk, they cannot eliminate it entirely. Landlords may therefore wish to consider a Rent Protection policy as an additional safeguard.

Good Property Management

Robust property management is essential. Maintenance records, inspection reports, documented communication, and evidence that tenants have been given opportunities to remedy breaches will place landlords in a significantly stronger position should possession become necessary.

For landlords seeking short-term flexibility to generate rental income, the new legislative framework may prove restrictive. In some cases, a hybrid approach combining short and long-term rental strategies may offer a more suitable solution.

Click here to find out more about our Short Lets service.