The 5 Documents Every Landlord Needs Before Starting a Renters Rights Act Possession Claim

The Renters Rights Act came into force on 1 May 2026, abolishing Section 21 and making Section 8 the only route to possession for landlords. That means English landlords can now only recover possession on the basis of a few defined legal grounds.

At the same time, courts may also expect landlords to demonstrate ongoing compliance with the legal obligations attached to the tenancy. In practice, that shifts the focus from simply having a valid reason for possession to being able to evidence that the tenancy has been properly managed throughout its duration.

That is where compliance documents come in. Papers like gas safety certificates, EICRs and deposit protection records form part of the evidential picture in a possession claim.

This article lists five key documents landlords should have in place before starting a Section 8 possession claim. Please note that the papers and the rules discussed here apply to England only. Scotland, Wales and Northern Ireland have different provisions in place.

1. Gas Safety Certificate (CP12)

Under the Gas Safety (Installation and Use) Regulations 1998, landlords must ensure that all gas appliances, pipework, and flues in a rental property are inspected every 12 months by a Gas Safe-registered engineer. And once the inspection is complete, landlords must provide a copy of the gas safety certificate to existing tenants within 28 days and to new tenants before they move in. Failure to comply with this requirement can lead to unlimited fines and, in serious cases, criminal prosecution.

If a gas safety certificate is missing or invalid, it can weaken a landlord’s position in a possession claim under the Renters Rights Act because it shows the tenancy has not been properly managed in line with legal safety requirements. This can give tenants grounds to challenge the served Section 8 notice or delay the possession process.

2. Electrical Installation Condition Report (EICR)

Under the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020, landlords must have the electrical installation in their property inspected and tested by a qualified electrician at least once every five years. This inspection results in an Electrical Installation Condition Report (EICR) which must be given to existing tenants within 28 days of the inspection completion and to new tenants before they move in.

If the report finds safety issues, landlords must complete the necessary repairs within 28 days or sooner. Failure to comply can lead to civil penalties of up to £40,000 per safety lapse.

In Section 8 possession claims, an expired or missing EICR can create problems because it suggests the property may not have met basic safety standards during the tenancy. This can lead to additional scrutiny from the court.

3. Energy Performance Certificate (EPC)

An Energy Performance Certificate (EPC) shows how energy-efficient a property is and is legally required before most homes can be marketed or let in England. Under the current Minimum Energy Efficiency Standards (MEES), rental properties must generally have an EPC rating of E or higher.

Properties rated F or G cannot usually be legally let unless an exemption applies. The current penalties for letting a non-compliant property can reach up to £5,000.

In possession claims, an invalid or missing EPC can undermine a landlord’s case because it indicates the property may not have been legally compliant at the time it was let. This can open up a whole new case against the landlord and delay the possession process.

4. Deposit Protection Information

Under the Housing Act 2004, landlords who take a tenancy deposit must do two separate things within 30 days - protect the deposit in a government-approved deposit protection scheme and serve the tenant with the “prescribed information,” which explains where the deposit is held and how it is protected.

A frequent issue is that landlords protect the deposit correctly but fail to serve the prescribed information, or serve it late or incorrectly. If either requirement is missed, a court can order the landlord to pay the tenant between one and three times the deposit as compensation.

For possession claims, a deposit breach remains a live compliance issue that tenants can raise in court. Under the previous Section 21 regime, deposit non-compliance could prevent a valid eviction notice altogether. While Section 21 no longer applies, deposit breaches still remain relevant because courts and local authorities can still rely on them as evidence of wider non-compliance when assessing the landlord’s conduct and the overall possession case.

5. Renters Rights Act Information Sheet

The Renters Rights Act introduces a new requirement for landlords to provide tenants with formal written information about their tenancy and legal rights.

For new tenancies created on or after 1 May 2026, landlords must provide a written statement of key tenancy terms before the tenancy begins. For existing tenancies that began before 1 May 2026, landlords must instead serve the official Renters Rights Act Information Sheet by 31 May 2026.

Failure to comply can result in a civil penalty of up to £7,000. If the breach continues for more than 28 days after a penalty is issued, it may be treated as an ongoing offence, with additional penalties of up to £40,000.

In a possession claim, this can create additional problems for landlords. Tenants may raise non-compliance as part of their defence, arguing that the landlord has not met mandatory legal obligations. Local authorities may also pursue enforcement action alongside possession proceedings.

Conclusion

Possession claims under the Renters Rights Act aren’t just about identifying a valid legal ground. They also sit alongside a broader expectation that landlords can evidence compliance with their statutory obligations throughout the tenancy.

These five documents form a key part of that compliance picture. In practice, missing or incomplete records may not automatically prevent possession, but they can be raised during proceedings, increase scrutiny, and make cases more complex and slower to resolve.