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NextComings & Goings Print
Sophie Lang
Section 8 is about to become the main possession route, and the industry, and frankly the court system, is nowhere near ready.
For years, Section 8 has been the quiet one in the corner. It existed, we all knew where it was, but most of the time we didn’t need to talk to it. Section 21 did the heavy lifting, and when things got messy, Section 8 was often handed straight to a solicitor with a polite “over to you”.
That approach is about to stop working.
In a matter of months, Section 8 becomes the default route to possession. Not the backup. Not the awkward one you avoid if you can. The actual process. And the reality is that many agents haven’t used Section 8 notices regularly, or at all.
That wouldn’t matter if Section 8 were simple. It isn’t.
Section 8 is not one process. It is a collection of grounds, each with its own rules, notice periods and tolerance for mistakes. Some are mandatory. Some are discretionary. All of them rely on evidence. And none of them reward vague records or flimsy information.
Courts like paperwork. Proper paperwork.
And this is where another problem comes in. The court system is already stretched, under resourced and inconsistent. Judges do not have the time or patience to fix badly prepared cases. When the system is under pressure, small errors become an easy reason to throw a case out or adjourn it. which we have increasingly seen with Section 21 cases that have reached court.
Wrong dates. Incomplete notices. Patchy evidence. Missing audit trails. Any one of these can derail a possession claim.
Not because the landlord doesn’t have a valid reason, but because the process hasn’t been followed properly. Section 8 lives and dies on audit trails. Rent arrears need clean timelines. Anti-social behaviour needs clear logs. Communication needs to be recorded properly. If it isn’t written down, it doesn’t exist.
A lot of agencies don’t always record at this level, not because they are bad at their jobs, but because they’ve never had to. Section 21 allowed for a lighter touch. Section 8 does not.
Which means CRMs suddenly matter a lot more than they did before.
Now is the time to look honestly at how your systems are being used. Are arrears chased in a consistent way. Are warnings logged properly. Are inspection notes clear enough that someone outside your business, or a judge, could follow what happened and when.
If you wouldn’t be comfortable handing your file to a judge, it needs work.
Teams need training too. Real training. Not just what the grounds are, but how they actually play out in practice. What strengthens a case. What quietly weakens it. How to explain the process to landlords without causing panic or making promises that can’t be kept.
This isn’t about turning agents into lawyers. It’s about agents understanding the framework they now operate in, and the reality of a court system that will not cut anyone any slack.
There’s also a commercial reality here. Landlords are nervous. Possession is one of the biggest stress points they have. Agents who can explain Section 8 calmly and confidently will stand out. Agents who look unsure or immediately reach for a solicitor’s phone number will not.
With only three full months to go, this isn’t something to deal with later. The prep work needs to happen now, while there’s still breathing space.
Section 8 isn’t new. It’s just stepping into the spotlight. The agents who get familiar with it now will manage just fine. The ones who don’t will be learning on live cases, under pressure.
And that’s not where anyone wants to be.
Sophie Lang is co-founder of Lang Llewellyn & Co.
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