How Landlords Can Recover Possession Following Housing Reforms

The UK housing reforms, including the abolition of Section 21 “no-fault” evictions, have significantly changed the landscape for landlords seeking to regain possession of their properties.

While these changes aim to enhance tenant protections, landlords still have viable legal avenues to recover possession. At Wilson Browne Solicitors, we help landlords navigate these changes and protect their rights.

Using Section 8 to Recover Possession.

Following the abolition of Section 21, Section 8 of the Housing Act 1988 has become the primary legal route for landlords to recover possession. Unlike Section 21, Section 8 requires landlords to prove specific, legally valid grounds for eviction.

Common Grounds for Possession Under Section 8

1. Rent Arrears (Grounds 8, 10, and 11): Landlords can seek possession if tenants owe rent. Ground 8, a mandatory ground, applies when at least two months’ rent is unpaid, both when the notice is served and at the court hearing.
2. Breach of Tenancy Agreement (Ground 12): Examples include property damage, anti-social behaviour, or illegal activities.
3. Landlord’s Need to Move Back (Ground 1): Landlords who previously lived in the property and now wish to return may use this ground.
4. Property Sale (Proposed New Ground): Under the housing reforms, landlords may also be able to repossess the property if they intend to sell.

At Wilson Browne Solicitors, we ensure landlords fully understand the grounds for possession and guide them in building a strong case under Section 8.

Key Steps for Success

To recover possession effectively, landlords need to follow strict legal processes and present robust evidence. We help landlords with:

• Documenting Tenant Breaches: Clear records of unpaid rent, communications with tenants, and evidence of any breaches strengthen your case.
• Drafting Comprehensive Tenancy Agreements: Well-drafted agreements that clearly outline tenant obligations provide a solid foundation for enforcing your rights.
• Ensuring Compliance: We assist landlords in meeting all statutory requirements, including providing the correct notice period and serving notices correctly.

Exploring Alternative Dispute Resolution (ADR)

Courts now encourage landlords and tenants to resolve disputes through ADR, such as mediation, before pursuing litigation. This approach can save time and costs and preserve relationships. At Wilson Browne, we help landlords engage in ADR effectively, ensuring the best possible outcome.

Navigating Court Proceedings

If ADR fails, landlords can proceed to court using the Section 8 process. Although more complex than the previous Section 21 process, reforms aim to streamline court proceedings for valid possession claims. We offer expert guidance throughout the process, from filing your claim to representing you in court.

Why Choose Wilson Browne Solicitors?

At Wilson Browne, we understand the challenges landlords face in recovering possession under the new housing reforms. Our team of experienced lawyers provides comprehensive support, from advising on grounds for possession to handling disputes and court proceedings.

We take the stress out of the process, ensuring landlords comply with the law while achieving their desired outcomes.

How We Can Help

Recovering possession may have become more challenging, but with the right approach and expert legal support, landlords can protect their investments and navigate the new rules with confidence.

At Wilson Browne Solicitors, we’re here to provide landlords with all the help they need to recover possession and safeguard their rights.

Contact our Commercial Litigation team today to discuss your situation and let our team guide you every step of the way.

Give us a call today at 0800 088 6004, and we’ll discuss your concerns to see if it’s something we can assist you with. And here’s the best part – that initial assessment is completely free and without obligation.