
From 1 May 2026, Section 21 is no longer available in England, meaning all possession proceedings now go through Section 8 and must be based on specific legal grounds. While this shift changes the structure of eviction claims, it also raises the standard of compliance expected from landlords.
Courts are now able to refuse possession where a landlord has not met their statutory obligations. In practical terms, this means paperwork errors are no longer minor issues that can be corrected later — they can actively prevent or delay repossession of a property.
A missing certificate, an unprotected deposit, or outdated safety documentation can all undermine a claim, even if the eviction grounds themselves are valid. Below are the seven core documents every landlord in England is expected to have in place to reduce risk and remain compliant.
Gas Safety Certificate (CP12)
Under the Gas Safety (Installation and Use) Regulations 1998, landlords must ensure all gas appliances, pipework, and flues are inspected annually by a Gas Safe registered engineer.
A valid certificate must be issued every 12 months, provided to existing tenants within 28 days, and given to new tenants before occupation begins.
Failure to comply can result in unlimited fines and, in severe cases, imprisonment. It may also impact possession proceedings if compliance cannot be proven.
Electrical Installation Condition Report (EICR)
The Electrical Safety Standards in the Private Rented Sector Regulations 2020 require electrical systems to be inspected at least every five years by a qualified professional.
Any serious issues identified must be remedied within the required timeframe stated in the report, usually 28 days.
Local authorities can issue civil penalties of up to £40,000 per breach.
Energy Performance Certificate (EPC)
Landlords must hold a valid EPC before marketing or letting a property under the Energy Performance of Buildings Regulations.
Properties must meet at least an E rating under current Minimum Energy Efficiency Standards, unless a valid exemption applies.
An EPC lasts for 10 years and must be provided to tenants in advance. Penalties for non-compliance can reach £5,000.
Smoke and Carbon Monoxide Alarm Compliance
Under the Smoke and Carbon Monoxide Alarm (England) Regulations 2015, landlords must fit smoke alarms on every floor and carbon monoxide alarms in rooms with fixed combustion appliances (excluding gas cookers).
These alarms must be checked at the start of each tenancy and kept in working order throughout.
Failure to comply with enforcement notices can lead to fines of up to £5,000.
Deposit Protection and Prescribed Information
Under the Housing Act 2004, tenancy deposits must be placed into a government-approved scheme within 30 days of receipt.
The tenant must also receive prescribed information about the deposit and scheme within the same timeframe.
Non-compliance can result in court penalties of one to three times the deposit value and may also affect possession proceedings.
Right to Rent Checks
The Immigration Act 2014 requires landlords to confirm that all adult tenants have the legal right to rent in the UK before a tenancy begins.
Checks must be completed within 28 days of the tenancy start date, and records retained for at least 12 months after the tenancy ends.
Penalties range up to £10,000 per tenant for first breaches, rising to £20,000 for repeat offences.
Written Statement / Tenant Information Requirement
For new tenancies from 1 May 2026, landlords must provide a written statement of tenancy terms before signing. This includes rent, deposit details, responsibilities, and notice periods.
For existing tenancies, landlords must serve the official government-issued information sheet by 31 May 2026. Only the official document is valid.
Failure to comply can lead to civil penalties of up to £7,000, rising significantly for ongoing breaches.
Why compliance now matters more than ever
With Section 8 now the sole route to possession, courts are placing greater weight on whether landlords have met all legal requirements.
Even if the grounds for eviction are strong, missing documentation can delay proceedings or result in claims being rejected entirely. Local authorities also have stronger enforcement powers, including financial penalties and rent repayment orders.
The result is clear: compliance is no longer just administrative — it directly affects whether possession can be granted.
Landlords are increasingly advised to carry out full compliance audits, maintain renewal schedules, and keep clear records of all documentation served.
In today’s framework, it is not just about having a valid reason for possession — it is about proving every legal step has been correctly followed.


