Landlord Possessions (Section 8)

Chris Horroll
Chris Horroll
  • Updated

The Renters’ Rights Act requires agents to follow a strict, evidence-based process to recover possession of a property on behalf of a landlord. 

Jupix provides a dedicated Landlord Possession workflow to manage this process and track Section 8 notices and possession claims from start to finish.

This article includes:

 Note

A landlord possession can only be started from an active Assured Periodic Tenancy. For background on the legislation behind this process, see Renters' Rights Act: Key changes.

Understanding grounds for possession

To recover possession you must specify one or more legal grounds. There are two types, and the type affects both the outcome at court and the options available to you in Jupix:

Mandatory grounds

If the ground is proven and the correct process has been followed, the court must grant possession.

Discretionary grounds

The court decides whether to grant possession, and may grant it, refuse it, or issue a suspended possession order.

You can select multiple grounds on a single possession, and you can combine mandatory and discretionary grounds. Including all the grounds that apply gives the strongest case at court.

 Note

Grounds are locked once the Section 8 notice has been served and cannot be edited afterwards. If further grounds arise later, start a separate landlord possession - a tenancy can hold more than one possession

Landlord possession dashboards

Three entries in the Property Management section of the Lettings Dashboard help you track landlord possessions. Each one opens a list of possessions filtered by status:

  • Landlord possessions preparing – possessions you have started but not yet served
  • Landlord possessions S8 served – possessions where the Section 8 notice has been served
  • Possession claims in progress – possessions where a claim has been submitted to the court

Starting a landlord possession

  1. Open the active Assured Periodic Tenancy record
  2. Click Start Termination Process
  3. Click Start Landlord Possession
    Jupix starting a landlord possession.png
  4. Select all the grounds you are using to seek possession
  5. If you are notifying the tenant in advance of serving the formal Section 8 notice, enter the date and any notes
    Jupix starting a landlord possession2.png
  6. Click Save

The possession now appears on the Landlord possessions preparing dashboard. Use this stage to gather the evidence you need to support the selected grounds before you serve the notice.

 Note

The Section 8 notice cannot be served from within Jupix. Serve the notice using the official government form, then record it in Jupix using the steps below. The current Section 8 form is available on gov.uk

Marking a possession as notice (S8) served

Once you have served the Section 8 (Form 3a) document on the tenant:

  1. Open the possession
  2. Click Mark as S8 Served
    Jupix marking a possession as served.png
  3. Enter the date the S8 was served

Jupix calculates the proposed tenancy end date from the served date and the longest notice period applicable to the grounds you selected. You can edit both the served date and the proposed tenancy end date if required.

The possession status advances to S8 Served and it moves to the Landlord possessions S8 served dashboard.

Jupix marking a possession as served2.png

 Note

Notice periods vary by ground, so different possessions will remain on the Landlord possessions S8 served dashboard for different lengths of time. Where more than one ground is selected, Jupix uses the longest applicable notice period

If the tenant leaves before the notice expires

After a Section 8 notice has been served, the tenant may decide to leave before the notice period ends. How you handle this depends on the situation:

The tenant serves their own notice to leave early

A tenant on an Assured Periodic Tenancy can give at least 2 months' notice to leave at any point. Return to the tenancy, click Start Termination Process and start the Tenant Notice Received process – this can run alongside the landlord possession. Once the tenant has vacated, cancel the possession process.

The tenant is moving out when the notice expires

Towards the end of the notice period, click Set Tenancy to Ending on the landlord possession to begin the standard tenant move-out process.

 Note

Only set the tenancy to ending once you are confident the tenant is moving out. Where the tenant may not cooperate – for example, where arrears are the grounds – wait until you are sure, as you may still need to submit a possession claim

Marking a possession as claim submitted

If the tenant does not vacate by the expiry date, you will need to submit a possession claim to the court. The earliest you can submit a claim is the day after the proposed tenancy end date, and Jupix will not let you record the claim as sent before then.

Once you have submitted the claim:

  1. Open the possession
  2. Click Mark as Possession Claim Sent
  3. Enter the Possession Claim Sent date
Jupix Marking a possession as claim submitted.png

The possession now appears on the Possession claims in progress dashboard. When you are notified of the hearing date, enter it on the possession. Jupix then sets an evidence required by date two weeks before the hearing, which is the deadline for submitting your evidence to the court.

Recording the outcome of a possession claim

There are four possible outcomes of a possession claim. Record the relevant one against the possession.

Claim granted

Use this when the court grants the landlord possession. Click Claim Granted, then enter the Hearing Decision Date and Hearing Notes, and edit the Proposed Tenancy End Date as agreed at the hearing. The possession updates to Finalised. Click Set Tenancy to Ending to begin the standard tenant move-out process.

Jupix Marking a possession as claim granted.png

Claim dismissed

Use this when the court does not grant the landlord possession. Click Claim Dismissed, then enter the Hearing Decision Date and Hearing Notes. The possession updates to Finalised.

Claim suspended

Use this when the outcome is a suspended possession order. Click Claim Suspended, then enter the Hearing Decision Date and record the conditions of the suspended order in the Hearing Notes.

 Note

A suspended possession order only applies to discretionary grounds. A suspended possession remains against the tenancy for as long as the tenancy is ongoing

Possession cancelled

Use this if the court hearing is cancelled for any reason. See Cancelling a landlord possession below.

Cancelling a landlord possession

Use this option if the possession is no longer being pursued – for example, if you used Ground 8 and all tenant arrears are paid before the hearing date.

  1. Open the possession
  2. Click Cancel Landlord Possession

Notes, to-dos and supporting evidence

Each landlord possession has its own Notes and To-Dos section where you can add notes, upload or create documents, and set reminders throughout the process. Supporting evidence documents attached here also appear in the Notes grid on the tenancy.

Viewing historic possessions

The Termination tab on a tenancy lets you view historic possessions. Each one can be printed individually, along with its Notes and To-Dos section.

Related articles:

Renters' Rights Act: Key changes

Finishing a tenancy

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