Understand the legal grounds for possession

Since the Renters’ Rights Act came into force on 1 May 2026, Section 21 “no-fault” evictions no longer exist. Every possession claim now has to be based on one or more grounds under Section 8 of the Housing Act 1988, and you’ll need to prove that ground in court.

Some grounds are mandatory, meaning the court must grant possession if the ground is proved. Others are discretionary, meaning the court also has to decide it is reasonable to evict. The grounds HMO landlords use most often are:

• Ground 8 (serious rent arrears): mandatory. At least three months’ arrears, both when notice is served and at the hearing. Four weeks’ notice.
• Grounds 10 and 11 (any arrears, or persistent late payment): discretionary. Four weeks’ notice.
• Ground 12 (breach of tenancy): discretionary. Two weeks’ notice.
• Ground 14 (antisocial behaviour or nuisance): discretionary. Proceedings can begin as soon as notice is served.
• Ground 7A (serious antisocial or criminal behaviour): mandatory where there is a relevant conviction, closure order or injunction breach. Proceedings can begin as soon as notice is served.
• Ground 1A (selling) and Ground 1 (moving in): mandatory. Four months’ notice, and not available in the first 12 months of a tenancy. You can’t re-let or re-market the property for 12 months afterwards.
• Ground 4A (student HMOs): mandatory. Possession between 1 June and 30 September, so the property can be re-let for the next academic year. Tenants must be told in writing before the tenancy starts that this ground may be used.

Using a ground you aren’t entitled to, or giving false information to support it, can lead to a penalty of up to £40,000. Only use a ground you can genuinely evidence.

Issue the correct notice

A defective notice is one of the most common reasons possession claims fail. Before serving notice:

• Use the current prescribed Section 8 form and complete every section.
• List every ground you intend to rely on, with a clear explanation of why it applies.
• Give the right notice period. If you rely on more than one ground, the longest notice period applies.
• Serve the notice correctly and keep proof of service, such as a certificate of service or a witness.
• Make sure your compliance is in order: deposit protection, gas safety, EPC, electrical safety and your HMO licence. Gaps can weaken your position in court.

Keep records of everything

The court decides on evidence, so build your file from day one, not when problems start. Keep:

• The written tenancy terms and the date they were provided.
• A full rent ledger showing every payment and missed payment.
• Copies of all letters, emails and texts, including arrears reminders and warnings.
• Inspection reports, photographs and repair records.
• Complaints from other tenants or neighbours, with dates and details, for antisocial behaviour cases.

In an HMO, good records also protect the other tenants, who are often the people most affected by one person’s behaviour.

Follow the proper legal process

Once the notice period has expired, you can apply to the county court for a possession order. If the tenant still doesn’t leave by the date in the order, you’ll need to apply for a warrant so that county court bailiffs can enforce it.

Never try to remove a tenant yourself. Changing the locks, removing belongings, cutting off utilities or pressuring a tenant to leave is an illegal eviction and can lead to prosecution. Councils now have stronger powers to investigate and fine landlords, so the risk has never been higher.

Communicate with the tenant

Possession proceedings should be a last resort. Talking to the tenant early often resolves the problem faster and more cheaply than court:

• Agree a realistic repayment plan for arrears and put it in writing.
• Signpost tenants to support, such as Universal Credit, Discretionary Housing Payments or debt advice.
• For behaviour issues, give clear written warnings that explain what needs to change.
• Consider mediation where disputes are between housemates.

Keep a written record of every conversation. If the case does reach court, it shows you acted reasonably, which matters for discretionary grounds.

Work with a professional HMO property management company in Liverpool

The new rules leave less room for error. An experienced HMO property management company can manage arrears from the first missed payment, keep your compliance and records court-ready, and make sure the right ground and notice are used if possession becomes necessary.

Preventing evictions in the future

The best eviction is the one you never need. Thorough referencing, guarantors where appropriate, clear house rules, regular inspections and quick action on early warning signs will prevent most problems. In shared houses, a well-run property with responsive maintenance also reduces the tension between housemates that so often leads to disputes.

What next?

If you need help with a difficult tenancy, or want to make sure your HMOs are set up correctly under the Renters’ Rights Act, contact Portus Lets on 0151 329 3538 or email hello@portuslets.co.uk.