How letting agents and property managers can prepare for changes to Section 8

What’s changing in the regulations?

• Section 21 (which currently allows landlords to evict tenants with two months’ notice after a fixed term ends, without stating a reason) is being scrapped.
• All Assured Shorthold Tenancies (ASTs) will become periodic rolling tenancies with no fixed end date by default.

This means that tenancies are likely to last longer by default. Letting agents and property managers will need a solid legal basis, supported by evidence, if they want to regain possession under Section 8.

Section 8: What agents need to know

Under the updated framework, Section 8 possession claims will rely on specific, legally defined grounds. These include both mandatory and discretionary reasons for ending a tenancy.

Letting agents and property managers should become familiar with the grounds and understand the cases where they can be used.

For example, Ground 13 (tenant has neglected or damaged the property) could be used where the tenant is paying rent on time but is causing damage to the property or furniture through neglect or misuse.

Ground 15 (tenant has damaged furniture or let others do so) could be used in a case where the tenant is subletting without permission, in breach of their tenancy agreement.

It isn’t straightforward and agents will need strong evidence to support each case. This is where digital inventory reporting is now coming into its own.

Why inventories are no longer optional

In a post-Section 21 world, a robust digital inventory and inspection process becomes a frontline defence. Without it, agents are operating in the dark and potentially putting their legal position at risk.

Each tenancy will need a detailed, time-stamped inventory that:

• Documents the condition and cleanliness of the property at the start of the tenancy
• Enables the agent to track changes through interim inspections, giving  a timeline of wear, damage, or non-compliance
• Helps to evidence breaches of the tenancy agreement, such as subletting or misuse of rooms
• Supports a  claim under discretionary Section 8 grounds, where judgement relies on quality of evidence.

If a dispute arises and the agent hasn’t documented the property’s condition over time, then seeking possession under grounds 13 or 15 in the above examples becomes far less viable -  courts often side with the tenant in the absence of clear evidence.

This is why many letting agents and property managers are turning to digital inventory platforms like Inventory Hive which provide legally sound, photographic reports and maintain a clear audit trail to support legal action if needed.

Don’t underestimate that with Section 8, evidence is everything.

The abolition of Section 21 will level the playing field for tenants, but it raises the bar for letting agents and property managers. A casual, paper-based approach simply won’t cut it anymore.

Agents who  want to protect their landlords’ investments, maintain control, and stay on the right side of the law, should consider digital tools that support a clear, professional, and evidence-led approach to property management.

Propertymark members can start building professional property inventories today with a free 30-day trial—no credit card details required.