The evidence you'll need for Section 8
HouseFile keeps each property's documents in one place and records when your tenant opened and agreed to each one. If you ever need the property back, that record shows what they were given.
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14 Maple Street
Sarah Johnson · tenancy started 14 Aug
Where things stand
Since 1 May 2026, Section 8 is the only route to possession for most private tenancies in England.
You need a ground, the right notice and evidence for the ground.
Schedule 2 to the Housing Act 1988 now has 37 grounds: 26 mandatory and 11 discretionary. Most need between 2 weeks and 4 months of notice, and several can't be used by private landlords at all.
Evidence is the one part you can't sort out later. Rent records, messages, repair requests and the deposit paperwork are kept as things happen, or not at all.
The deposit rule
If you took a deposit and it isn’t protected in a scheme, or the prescribed information hasn’t been given, the court can’t make a possession order on any ground except 7A and 14.
Grounds 7A and 14 are the antisocial behaviour grounds.
No order until it's put right
Not affected
When the bar lifts
Putting it right late still counts. The bar lifts once you’ve put right whatever was missing:
- the deposit is protected in a scheme, even after the 30-day deadline
- the prescribed information is given, even after the 30 days
It also lifts if either of these happens:
- the deposit is returned to the tenant
- a court claim over the deposit is decided, withdrawn or settled
It doesn’t stop you serving notice. It stops the court making the order.
The gas safety record, EPC and How to Rent guide only ever mattered for Section 21. None of them stops a Section 8 claim.
What HouseFile does today
Every document in one place
Each property’s documents, including the deposit certificate and the prescribed information.
Shared through a link
Your tenant sees their documents through a link you share.
Opened and agreed, with dates
A record of when your tenant opened each document, and when they agreed to the ones you mark as needing agreement.
A report to download
The Compliance report lists who viewed and agreed to what and when, with each document’s version history.
That's how you show the prescribed information was given: the document itself, and the date your tenant opened and agreed to it.
Questions landlords ask
Can I serve a Section 8 notice if the deposit wasn’t protected?
Yes. The deposit rule doesn’t stop you serving notice. It stops the court making a possession order on any ground except 7A and 14, the antisocial behaviour grounds.
Protecting the deposit late lifts the bar, and so does returning it to the tenant. Late protection doesn’t cancel the tenant’s own claim, though: the court can order you to pay them between one and three times the deposit.
What if I never gave the prescribed information?
The same rule applies. Until it’s given, the court can’t make a possession order on any ground except 7A and 14.
Giving it late still counts for possession. As with late protection, the tenant can still claim between one and three times the deposit.
What evidence do I need for a Ground 8 rent arrears claim?
At least 3 months’ rent must be unpaid (13 weeks’ rent if it’s paid weekly or fortnightly) both when you serve the notice and at the hearing. The notice period is 4 weeks.
Have a full rent statement or arrears schedule, the tenancy agreement and proof the notice was served. If you took a deposit, add the protection certificate and proof the prescribed information was given.
A bank statement shows what came in but not what was due. Turn it into a schedule with each due date, each payment and a running balance.
Do I need proof my tenant received the documents?
Proof the notice was served is part of the evidence for the claim, so keep it.
For the prescribed information, it’s for the tenant to show it wasn’t given. A dated record that they received and opened it is still the clearest answer, and the same kind of record helps for any document you rely on.
Does a missing gas safety record or EPC stop a Section 8 claim?
The gas safety record, EPC and How to Rent guide only ever mattered for Section 21. None of them stops a Section 8 claim.
Gas safety checks and a valid EPC are still legal duties in their own right, with their own penalties.
Free tools
General information, not legal advice. Have a solicitor or accredited adviser check your notice and claim before you rely on them.
Keep the paperwork, and the proof it was given
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