Since 1 May 2026, landlords in England must navigate possession claims exclusively through Section 8 of the Housing Act, as Section 21 has been abolished. This shift places greater emphasis on strict compliance with legal documentation, as courts now have the authority to block possession claims if required paperwork is incomplete or incorrect.

Seven Essential Documents for Possession Claims

Landlords must ensure seven key documents are in order to avoid delays or refusals in possession proceedings. These documents are mandated by various statutes and failure to comply can result in significant penalties or even criminal sanctions.

1. Gas Safety Certificate (CP12)

Under the Gas Safety (Installation and Use) Regulations 1998, landlords must have all gas appliances, fittings, and flues inspected annually by a Gas Safe registered engineer. A copy of the certificate must be provided to existing tenants within 28 days of the inspection and to new tenants before they move in. Non-compliance can lead to unlimited fines and, in severe cases, custodial sentences. Historically a barrier to valid Section 21 notices, the gas safety certificate remains critical under the new Section 8 regime, influencing courts’ decisions on possession.

2. Electrical Installation Condition Report (EICR)

The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 require landlords to have fixed electrical installations inspected and tested by a qualified professional at least every five years. Reports must be shared with tenants within 28 days of inspection and prior to new tenancies. Any identified Code C1 or C2 issues must be remedied within 28 days or sooner if specified, with written confirmation of repairs. Local authorities may impose civil penalties up to £40,000 for breaches.

3. Energy Performance Certificate (EPC)

Landlords must hold a valid EPC before marketing or letting a property, as stipulated by the Energy Performance of Buildings (England and Wales) Regulations 2012. The current minimum energy efficiency standard is an EPC rating of E; properties rated F or G cannot be let without an official exemption. EPCs last for ten years and must be provided to tenants before tenancy commencement and included in listings. Penalties for non-compliance can reach £5,000. Although the government has proposed raising the minimum to EPC C, this is not yet law.

4. Smoke and Carbon Monoxide Alarm Evidence

The Smoke and Carbon Monoxide Alarm (England) Regulations 2015, amended in 2022, require at least one smoke alarm on every storey with living accommodation and a carbon monoxide alarm in rooms with fixed combustion appliances, excluding gas cookers. Alarms must be tested and confirmed working on the first day of a tenancy. Landlords must repair or replace faulty alarms promptly when reported. Local authorities enforce compliance, with fines up to £5,000 for failure to act on remedial notices. Documenting alarm checks with tenant-signed dated photographs is a simple and effective compliance measure.

5. Deposit Protection and Prescribed Information

Sections 213 to 215 of the Housing Act 2004 require landlords to protect tenancy deposits in a government-approved scheme within 30 calendar days of receipt and to serve tenants with prescribed information detailing the deposit and tenancy terms within the same timeframe. These are separate obligations often confused by landlords. Failure to comply can lead to court penalties ranging from one to three times the deposit amount. While Section 21 notices are no longer relevant, courts and local authorities continue to enforce these requirements rigorously.

6. Right to Rent Records

The Immigration Act 2014 mandates landlords to verify every adult tenant’s legal right to rent in the UK before tenancy commencement, regardless of nationality. Checks must be conducted within 28 days prior to the tenancy start and records retained for at least 12 months after tenancy ends. Civil penalties for first breaches can reach £10,000 per occupier, escalating to £20,000 for repeat offences. Knowingly renting to someone without the right to rent carries criminal penalties of up to five years’ imprisonment and unlimited fines. Proper checks provide landlords with a “statutory excuse” against penalties even if tenant status changes later.

7. Written Statement or Renters’ Rights Act (RRA) Information Sheet

For tenancies created on or after 1 May 2026, landlords must provide a written statement of key tenancy terms before the agreement is signed, as required by the Assured Tenancies (Private Rented Sector) (Written Statement of Terms etc and Information Sheet) (England) Regulations 2026. For existing tenancies predating 1 May 2026 with written or partly written agreements, landlords must serve the official Renters’ Rights Act Information Sheet 2026 by 31 May 2026. Failure to provide these documents can result in civil penalties up to £7,000, increasing to £40,000 for continuing breaches beyond 28 days.

What this means for landlords

The abolition of Section 21 and the exclusive use of Section 8 for possession claims mean that courts now scrutinise landlords’ compliance with statutory obligations more closely than ever. Missing or invalid documentation can block possession claims regardless of the strength of the legal ground. Moreover, local authorities have enhanced enforcement powers, including civil penalties and Rent Repayment Orders of up to two years’ rent.

Financial exposure from non-compliance can be severe. For example, a missing EICR can attract penalties up to £40,000, unprotected deposits can result in fines of up to three times the deposit value, and failure to provide the RRA Information Sheet can lead to fines up to £7,000 or £40,000 for ongoing breaches. These penalties accumulate quickly and compound the risk of losing possession claims.

Landlords are advised to audit all required documents immediately, establish renewal reminders, and maintain dated proof of all tenant communications and certificates. This proactive approach is essential to safeguard possession rights and avoid costly enforcement actions.

Source: Based on reporting from Property118

TLA Training Academy

The Landlord Association has launched its new Training Academy for UK landlords, providing structured guidance, compliance education, and practical knowledge to support landlords at every stage. Members can now complete the programme and become TLA Certified Landlords at no additional cost as part of their membership.

Landlords can explore the Academy here: https://landlordassociation.org.uk/tla-academy/

Those looking to join and access the full training and certification can register here: https://landlordassociation.org.uk/landlord-association-membership-uk/

TLA update

The Landlord Association is currently onboarding new service providers into its Trusted Partner Hub, a new initiative designed to support landlords, tenants, letting agents, and property managers with vetted, high-quality services. As one of the fastest growing landlord associations in the UK, TLA offers partners direct access to an engaged and active member base at the point of need. Service providers across legal, maintenance, insurance, finance, mortgages, tenant screening, and property services can register their interest here: https://landlordassociation.org.uk/become-a-tla-service-partner/