Section 8 Guide for Landlords | Birmingham & Solihull with Amy Boardman

A practical guide to rent arrears, tenancy breaches and getting your property back in Birmingham and Solihull.

Editorial draft for Amy Boardman’s review. The answers below are proposed wording in Amy’s voice, not a transcript of an interview. Remove this editorial note once approved.

Information checked: 23 October 2026. This article concerns private assured tenancies in England and the possession rules applying to notices served from 1 May 2026. Other tenancy types and earlier notices can follow different rules.

Letting a property is a long-term commitment, but circumstances can change. A tenant may fall behind with the rent, a property may suffer damage, or a landlord may need to sell or move back in.

For landlords, the question is often the same: “What can I do, and where do I start?”

Following the changes introduced by the Renters’ Rights Act 2025, understanding Section 8 is an essential part of managing a rental property. Having a genuine reason to recover possession is only part of the picture. The correct legal ground, supporting evidence and proper procedure all matter.

In this detailed landlord Q&A, Amy Boardman from the Partridge Homes lettings team explains the practical issues to consider. Drawing on the topics explored in Goodlord’s The Section 8 playbook: Arrears, breaches and landlord plans, featuring property solicitor David Smith, we look at what these changes mean for landlords across Birmingham, Solihull, Shirley, Yardley and Sheldon.

Understanding Section 8

1. Amy, what is Section 8?

Amy: Section 8 is the notice procedure a landlord can use when seeking possession of an assured tenancy on one or more legal grounds. Those grounds cover different circumstances, including rent arrears, certain tenancy breaches and a landlord’s intention to sell or occupy the property.

The starting point is to establish why possession is needed and whether the facts satisfy a particular ground. A landlord’s wish to recover the property does not, by itself, establish a right to possession.

2. What has changed since the abolition of Section 21?

Amy: Since 1 May 2026, landlords cannot serve a new Section 21 notice for a private assured tenancy in England. They need an applicable possession ground under the Section 8 process if they are seeking to end the tenancy through the courts.

For landlords, that makes planning and record-keeping especially important. Older advice, templates and notices may no longer be suitable. Cases involving notices served before the change need separate checks against the transitional rules. [1]

3. Does this mean landlords cannot get their properties back?

Amy: No. There are still lawful routes to possession. The key is matching the landlord’s circumstances to the correct ground and satisfying its requirements.

For example, serious rent arrears raise different questions from a landlord wanting to sell. We would want to understand the tenancy history, what has happened, what evidence exists and what the landlord hopes to achieve before discussing next steps.

4. What is the difference between mandatory and discretionary grounds?

Amy: A mandatory ground means the court must order possession if the ground is proved and the relevant legal requirements are satisfied. Grounds 1, 1A and 8 fall into this category.

With a discretionary ground, proving the facts is not enough on its own: the court must also consider whether possession is reasonable. Grounds 10, 11, 12, 13 and 15 are discretionary. The seriousness of the problem, its history and what has been done to resolve it can therefore be very important.

5. Does a Section 8 notice end the tenancy automatically?

Amy: No. It is a step in the possession process, not an eviction order. If the tenant stays, the landlord generally needs a court possession order and, if necessary, lawful enforcement.

A notice expiry date should never be treated as a guaranteed date for receiving the keys. That distinction matters when arranging a sale, a move or works at the property.

6. Do the same rules apply to every rental property?

Amy: No. This guide focuses on private assured tenancies in England. Company lets, resident-landlord arrangements and some high-value lettings can sit outside that framework. For example, tenancies with annual rent above £100,000 are outside the scope of the government’s private assured-tenancy possession guide. [1]

This is particularly relevant where a property is being let through a corporate or relocation arrangement. We need to identify the actual tenancy and contracting parties before choosing the legal route.

Rent arrears and repeated late payments

7. What should I do when a tenant first misses a payment?

Amy: Check the account, establish whether the payment is genuinely missing and contact the tenant promptly and professionally. A banking issue, a change in circumstances and a refusal to pay need different responses.

Keep a clear record of what was due, what arrived and what the tenant has said. If a payment date is agreed, record it and follow up. Early communication gives everyone a better opportunity to resolve the problem before the balance becomes harder to manage.

8. Must I wait until three months’ rent is owed before doing anything?

Amy: No. The serious-arrears threshold for Ground 8 is not a reason to leave an account unattended. Contact, reminders, reviewing the circumstances and considering an affordable repayment arrangement can happen much earlier.

Other arrears grounds may also be relevant below that threshold, although they are discretionary. The question is what action is appropriate and proportionate in the circumstances, rather than simply waiting for a particular number to appear on the rent statement.

9. What is Ground 8?

Amy: Ground 8 is the mandatory serious-rent-arrears ground. For monthly rent, at least three months’ rent must be unpaid both when the notice is served and at the hearing. For weekly or fortnightly rent, the threshold is at least 13 weeks’ rent.

The calculation needs checking carefully, including any sums the law requires to be disregarded. Reaching a headline balance does not remove the need for a valid notice and the other legal requirements.

10. What does three months’ rent mean in practice?

Amy: If rent is £1,200 a month, three months’ rent is £3,600. This is an amount of unpaid rent, rather than simply a requirement to wait three full calendar months from the first missed payment.

Partial payments can also build up to that amount. For example, paying £600 against a £1,200 monthly charge for six months would produce £3,600 of arrears, assuming no other payments, credits or adjustments. The actual rent schedule and due dates must always be checked.

11. What if the tenant pays some money before the hearing?

Amy: The balance must be updated. If the relevant arrears fall below the Ground 8 threshold by the hearing, the court cannot order possession on that ground.

For example, reducing an otherwise qualifying £3,600 balance to £3,000 on a £1,200 monthly tenancy would take it below three months’ rent. Other properly relied-on grounds may still need consideration, but they do not turn into an automatic right to possession.

12. What is Ground 10?

Amy: Ground 10 concerns unpaid rent and can be relevant even when the Ground 8 threshold is not met. It has its own requirements about when rent must be unpaid, which need checking when preparing the notice and proceedings.

It is discretionary. A landlord should therefore expect scrutiny of the amount owed, the explanation, payment efforts and whether possession is reasonable. A small outstanding balance is not a guarantee of eviction.

13. What if the tenant keeps paying late but eventually catches up?

Amy: Ground 11 deals with persistent delay in paying rent. The history can matter even where the account is later brought up to date.

A useful rent schedule shows each payment’s due date and actual receipt date, rather than just the current balance. A repeated pattern needs to be distinguished from an isolated mistake. Ground 11 is discretionary, so the court still decides whether possession would be reasonable.

14. Can Grounds 8, 10 and 11 be used together?

Amy: Where the facts support them, yes. They address different aspects of a rent problem and are often considered together.

That can matter if the arrears reduce after notice is served. However, each ground needs a proper factual basis. Adding several ground numbers without supporting detail is not a substitute for preparing the case properly, and discretionary grounds do not guarantee possession if Ground 8 falls away.

15. How much notice is required for rent arrears?

Amy: Under the current rules covered by this article, Grounds 8, 10 and 11 each require at least four weeks’ notice before possession proceedings can begin. That is the notice period, not the total time needed to recover the property. [2]

If a notice combines grounds, the applicable timing must be checked. Landlords should avoid using an old template simply because it worked for a previous tenancy.

16. What if the arrears involve Universal Credit?

Amy: The reason for non-payment matters. For Ground 8, qualifying rent unpaid only because the tenant has not yet received a Universal Credit award containing housing costs must be ignored when calculating the threshold. That differs from a tenant receiving the money and not paying the rent. [3]

It would be too broad to say that receiving benefits prevents any arrears claim. Discretionary grounds also require careful consideration of the circumstances. Ask for relevant evidence and obtain case-specific advice before deciding how to proceed.

17. Should I agree to a repayment plan?

Amy: A realistic plan can help preserve a tenancy and reduce the debt. It should make clear how the ongoing rent will be paid, what additional amount will reduce the arrears and when the arrangement will be reviewed.

An unaffordable promise is unlikely to solve the problem. Keep the agreement and payment records together, and check any insurance requirements before agreeing arrangements that could affect a claim.

18. What is a suspended possession order?

Amy: In an appropriate discretionary-ground case, a court can make a possession order but suspend enforcement on conditions. Those conditions might require payment of the current rent plus an amount towards arrears.

This means a hearing does not always result in either immediate possession or the claim being dismissed. If the conditions are broken, the landlord must follow the appropriate enforcement procedure; it is not permission to take possession personally.

19. Can a tenant’s complaints about repairs affect an arrears claim?

Amy: Yes. A disrepair counterclaim can affect the amount owed and complicate proceedings. A landlord needs to understand their own position as well as the tenant’s account.

Keep repair reports, contractor instructions, access requests and completion records. Continue dealing with necessary maintenance while addressing arrears. A disagreement about rent should never become a reason to ignore a repair obligation.

Selling, moving back in and family occupation

20. Can I recover possession because I want to sell?

Amy: Ground 1A provides a route where the landlord genuinely intends to sell, subject to its eligibility and timing requirements.

There are exceptions. In particular, it is not available for certain assured tenancies that existed before 1 May 2026 and were not assured shorthold tenancies, sometimes described as assured lifetime tenancies. The tenancy history needs checking before assuming the sale ground is available.

21. How much notice must I give if I want to sell?

Amy: Ground 1A requires at least four months’ notice, and the notice cannot expire before the first 12 months of the relevant tenancy have ended.

Notice can be served during that protected period, provided the expiry date meets the rules. The protected period does not mean every landlord must wait 12 months before serving anything. Equally, four months’ notice does not promise vacant possession four months later.

22. Does the 12-month protection mean I cannot act over serious arrears in the first year?

Amy: No. The protection discussed here concerns the moving-in and selling grounds. It is not a general rule preventing possession action on every other ground during the first year.

If an arrears or breach issue arises, it needs to be assessed under the relevant ground and its own requirements. The landlord should not assume either that they are powerless or that all grounds share the same timetable.

23. What evidence would help demonstrate a genuine intention to sell?

Amy: Keep records that explain the decision and the steps taken: for example, a valuation, written instructions to a selling agent and relevant correspondence about the proposed sale.

Those are examples, not a universal checklist that guarantees a successful claim. The evidence must reflect a real intention. A landlord should not present selling as a reason simply because it appears easier than addressing a different tenancy issue.

24. Can I sell with the tenant still living there?

Amy: A sale with a tenant in situ may be an alternative worth exploring. It can appeal to an investor who wants an occupied rental property, although the tenancy, rent, condition and compliance records will influence the buyer’s assessment.

Before assuming vacant possession is essential, discuss the likely market for both options with your selling agent and solicitor. Do not promise a buyer an empty property by a particular date without understanding the possession position.

25. Can I get the property back to live in myself?

Amy: Ground 1 can apply where the landlord or a qualifying family member intends to occupy the property as their only or principal home.

Like the sale ground, it normally requires four months’ notice and is subject to the first 12 months’ protection. The plan must be genuine, and the proposed occupier must fall within the legal definition. Wanting occasional access or a convenient second home is not the same thing.

26. Does Ground 1 cover any relative or a close friend?

Amy: No. The legislation identifies qualifying relationships; it does not cover everyone a landlord regards as family. A child or parent may qualify, but landlords should not assume a cousin, friend or distant relative does.

Before serving notice, check both the relationship and the intended use of the property. This is an area where a small assumption at the beginning can create a much larger problem later.

27. What if a limited company owns the property?

Amy: Company ownership makes a difference. A company cannot personally live in a home or have family members in the way an individual landlord can. A director should not assume the company can use Ground 1 so that the director or their child can move in.

Identify the legal landlord and obtain advice about the available grounds. The fact that an individual controls the company does not make its property their personally owned property for possession purposes.

28. Can I re-let if my sale falls through?

Amy: Do not assume you can immediately advertise again. Using Ground 1 or 1A triggers restrictions on re-letting and marketing for letting. The restricted period normally runs from service of notice until 12 months after the date specified for proceedings to start. Exceptions and different procedural circumstances require checking. [4][5]

A failed sale does not, by itself, remove the restriction. Before serving notice, consider the implications if your plans change, and get advice before offering the property to another tenant.

29. Could I use the sale ground to replace a tenant with someone paying more?

Amy: No. A possession ground must reflect the true circumstances. Misusing a ground or breaching re-letting restrictions can expose landlords and agents to serious enforcement consequences.

The government identifies financial penalties of up to £40,000 as an alternative to prosecution for certain offences, including prohibited re-letting or remarketing. [4] If the actual issue is the rent level, discuss the lawful rent-review process rather than presenting a false intention to sell.

Tenancy breaches and property condition

30. What is Ground 12?

Amy: Ground 12 concerns a breach of a tenancy obligation other than paying rent. Depending on the agreement and circumstances, unauthorised subletting or prohibited use of the property could be relevant.

Start by reading the actual clause and checking that it is lawful and enforceable. Something being inconvenient or undesirable does not automatically establish a breach, and a breach does not automatically make possession reasonable.

31. Does any breach justify eviction?

Amy: No. Ground 12 is discretionary. The court considers whether possession is reasonable, including the significance of what has happened.

A minor issue that has been put right is different from a serious, repeated breach that continues despite clear requests to stop. Record the concern, explain what needs to change and keep the response. The history is often more informative than a single photograph or message.

32. What if I discover my property advertised as a short-term let?

Amy: Preserve relevant evidence, including the listing, its date and identifying details, and check the tenancy terms. Establish the facts before making accusations: an online advert alone may leave questions about who placed it and whether occupation actually occurred.

Unauthorised short letting can raise possession, insurance and other concerns. Ask the managing agent and a suitable legal adviser to assess the evidence and the appropriate response.

33. What are Grounds 13 and 15?

Amy: Ground 13 concerns deterioration of the property or relevant common parts linked to the conduct of the tenant or other relevant occupiers. Ground 15 concerns deterioration of landlord-provided furniture through ill-treatment by the tenant or relevant people living there.

Both are discretionary. They require more than showing that an item or room looks older than it did at the start. The cause, responsibility, seriousness and evidence all need examination.

34. How do I distinguish damage from fair wear and tear?

Amy: Compare the starting condition with the present condition, allowing for age, quality, length of occupation and normal use. A carpet becoming worn over time is different from avoidable burns or serious staining.

An inventory should describe condition, not just list what is present. Dated photographs, inspection reports and repair records help explain what changed. They also help avoid unfairly blaming a tenant for an existing defect or an ageing item.

35. Is a messy property enough to seek possession?

Amy: Untidiness alone should not be confused with damage or a serious tenancy breach. Focus on evidence of an actual problem, such as deterioration, a safety concern or conduct that breaches a valid obligation.

Explain concerns clearly and allow an appropriate opportunity to address them where circumstances permit. Personal preferences about housekeeping are not a reliable basis for deciding whether a possession claim is justified.

36. How much notice applies to these breach and deterioration grounds?

Amy: Grounds 12, 13 and 15 each normally require at least two weeks’ notice before proceedings can begin. [2] That does not mean a tenant can be removed in two weeks.

The practical preparation should usually start much earlier: establish the facts, document the issue, communicate clearly and assess the response. A short statutory notice period does not compensate for a weak evidence file.

Preparing a case and understanding the process

37. What documents should I keep throughout a tenancy?

Amy: Keep a clear, organised file containing:

• The tenancy agreement and any agreed variations.
• A rent schedule showing due dates, receipts and the running balance.
• Deposit protection records and prescribed information.
• The inventory, check-in record and dated condition photographs.
• Inspection reports and relevant tenant responses.
• Repair reports, contractor records and access arrangements.
• Relevant correspondence and a dated chronology of concerns.
• Any notices and evidence of how and when they were served.

Record facts accurately and retain personal information securely. A useful file should allow someone unfamiliar with the tenancy to understand what happened without having to reconstruct months of messages.

38. Can deposit protection problems prevent possession?

Amy: Yes. Deposit compliance can restrict the court’s ability to order possession on most grounds. Check protection, scheme requirements and prescribed information early. There are statutory exceptions and ways particular issues may be addressed, but the right response depends on the facts. [1]

Returning a deposit should not be assumed to erase all liability for an earlier breach. If there is a problem, obtain advice before progressing the claim.

39. Which form should be used for a new Section 8 notice?

Amy: Government guidance specifies Form 3A, or a form substantially to the same effect, for notices under the current regime. It must identify the grounds, explain why they apply and provide the correct notice. [1]

Preparation should include checking names, addresses, dates, the wording of the grounds and service requirements. Keep the notice and proof of service. A form downloaded years ago should not be assumed suitable today.

40. Can I change the locks if the tenant does not leave?

Amy: No. A landlord must not use self-help eviction to remove a tenant who remains in occupation. Where the tenant does not leave, the court and lawful enforcement process must be followed.

Do not remove belongings, cut off services or apply pressure to force a departure. If a property appears abandoned, seek advice before treating it as surrendered; absence and a lawful end to the tenancy are not necessarily the same thing. [1]

41. How long will possession take, and will I recover the unpaid rent?

Amy: There is no single reliable completion date. The ground, notice period, court availability, evidence, any defence or counterclaim and the need for enforcement can all affect timing.

Recovering possession and recovering money are also separate practical issues. Even where money is awarded, payment may not follow immediately. Budget for uncertainty rather than assuming either that the property will be returned on the notice date or that all losses will be recovered.

42. Can the landlord and tenant agree an end to the tenancy?

Amy: A genuine voluntary surrender may be possible where both parties freely agree. The terms and handover should be documented properly, including the end date, keys, rent and deposit arrangements.

It must not be achieved through threats, misleading statements or pressure. If a statutory notice has already been served, do not assume calling the departure a surrender removes restrictions that have already arisen. Obtain advice on the proposed arrangement.

Reducing risk and getting support

43. How much difference does referencing make?

Amy: Referencing helps assess an applicant’s circumstances before the tenancy begins. At Partridge Homes, we use Goodlord for tenant referencing as part of that preparation.

It is an important starting point, but it cannot guarantee future payments. Employment, health and personal circumstances can change. Referencing needs to be followed by accurate paperwork, good communication and active management throughout the tenancy.

44. Is rent protection worth considering?

Amy: It can be useful, but landlords need to understand the actual policy. Check eligibility, exclusions, reporting deadlines, cover limits, any excess and how legal expenses are handled.

Do not assume every policy covers every possession ground or an arrears problem that already exists. If a policy is in place, contact the insurer promptly when an issue arises and check its requirements before instructing solicitors or agreeing arrangements with the tenant.

45. What is your main advice to landlords in Birmingham and Solihull?

Amy: Speak to your managing agent early. Whether it is a missed payment, a recurring breach or a plan to sell, early discussion provides time to check the position and make informed decisions.

Good management means understanding what is happening at the property, keeping records, dealing with maintenance and maintaining clear communication. It also means recognising when specialist legal advice is needed. That preparation supports landlords through difficult situations and gives tenancies the best opportunity to work well.

Talk to Partridge Homes about managing your rental property

Whether you own one rental home or a portfolio, understanding your responsibilities and planning ahead can make a substantial difference.

Partridge Homes supports landlords across Birmingham, Solihull, Shirley, Yardley, Sheldon and the surrounding areas. If you are concerned about your current management arrangements, have an emerging tenancy issue or are considering selling a rental property, speak to our lettings team about your circumstances.

Contact Partridge Homes to discuss your property management requirements and the next steps for your rental property.

This article provides general information, not legal advice on an individual tenancy. Possession grounds, notice requirements and available remedies depend on the facts. Obtain appropriate advice before serving notice or starting proceedings.