Following on from last week’s blog about the mad rush ahead of the 31 July deadline, I want to turn to what happens now and the reality of regaining possession under the new system.

Section 21 may have gone, but landlords will still need to recover their properties for all sorts of legitimate reasons. The difference is that they must now rely on one or more of the revised Section 8 grounds. It is still very early, but we are beginning to see how landlords are using the new possession framework.

Among the new possession cases Landlord Action handled in July, rent-related Grounds 8, 10 or 11 were the most commonly used, featuring in 39% of cases. Ground 1A, which can be used when a landlord intends to sell, featured in around three in ten, while Ground 1, covering occupation by the landlord or a member of their family, accounted for 8%. Some cases relied on more than one ground.

None of that is particularly surprising. Rent arrears have always made up a significant part of our work, and we knew there would be landlords looking to sell once the reforms came into force. What matters now is how these grounds work in practice.

One of the messages I really want landlords to understand is that Section 8 is not simply Section 21 with a new number attached to it. You cannot just select the ground that appears closest to your situation, serve a notice and assume the court will grant possession.

Each ground has its own conditions, notice requirements and evidential tests. If you say you intend to sell, that intention must be genuine and you must be prepared to demonstrate it. The same applies if you want to move into the property or regain possession because of rent arrears.

The paperwork mattered under Section 21, but the reason behind the claim will now receive far greater scrutiny. That makes getting the ground right from the outset absolutely critical.

Do not manufacture a reason for possession

I also expect we will see cases in which landlords try to make their circumstances fit a particular ground because they simply want the property back. That is a dangerous approach.

If the ground does not genuinely apply, do not use it. Providing misleading information could cause the claim to fail and leave the landlord facing further costs, delays and potentially more serious consequences.

Landlords must also resist the temptation to take matters into their own hands because the legal process is taking too long. Changing locks, cutting off utilities, entering without permission or attempting to pressure a tenant into leaving can amount to unlawful eviction or harassment.

I understand the frustration. I have dealt with landlords who are owed thousands of pounds, need to sell for financial reasons or urgently require the property back, but bypassing the correct process will usually make an already difficult situation considerably worse.

The Government cannot ignore the courts

For years, I have said that reforming possession law without properly resourcing the courts is only doing half the job.

You can change the notices, create new grounds and rewrite the legislation, but none of it will produce a fair or effective system if it takes months to obtain a hearing and then several more months to enforce an order.

That is unfair to landlords, but it is also unfair to tenants. Prolonged proceedings create uncertainty for everyone. In rent arrears cases, the amount owed may continue to rise while the parties wait, leaving the tenant with an even larger debt and the landlord with a greater loss.

The new system is more evidence-led and potentially more complex, which could place even greater demands on the courts. Yet from what we are seeing in many areas, they still do not have the staffing, technology or enforcement capacity needed to cope.

Everything now depends on how these cases are handled in practice. A possession ground may be robust on paper, but that means very little if landlords and tenants cannot obtain a decision within a reasonable timeframe.

Get advice before the situation becomes urgent

If there is one lesson landlords should take from July, it is not to leave things until the last minute.

Too many people contacted us believing their case was straightforward, only for us to discover a problem with the notice or supporting documents. Others had allowed rent arrears or tenancy issues to continue for months before seeking advice.

Under the new system, early preparation will be even more important. Before serving a notice, landlords should establish:

- Which possession ground genuinely applies.

- What evidence will be needed to prove it.

- Whether the correct notice period is being given.

- Whether the tenancy and compliance records are complete.

- What could happen if the tenant challenges the claim.

- How long the court and enforcement process may realistically take.

Seeking advice early does not necessarily mean immediately beginning possession proceedings. Sometimes a payment plan, negotiation or other form of intervention can resolve the issue before it reaches court. However, landlords need to understand their position while they still have options, not when a deadline is hours away.

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