Since Section 21 was formally abolished on 1 May 2026, every possession claim brought by a landlord in Guildford — exactly as everywhere else in England — has to proceed under Section 8, using one or more specific legal grounds. For landlords used to the relative simplicity of the old “no-fault” route, this is a genuinely different process, with different evidence requirements and different timelines.
The grounds landlords use most often in practice.
Ground 1 applies where the landlord or a close family member intends to move into the property as their main home. Ground 1A applies where the landlord intends to sell. Both require the tenancy to have run for a minimum period before they can be used, and both carry the restricted re-letting period discussed in detail elsewhere — realistically 16 months or more once notice periods and court timelines are factored in, not the commonly quoted 12.
Ground 8 covers serious rent arrears — a mandatory ground, meaning the court must grant possession if the arrears threshold is properly met at both the point of notice and the point of the court hearing. This is the ground most directly affected by cash flow problems, and one where a tenant’s arrears caused specifically by a delay in receiving Universal Credit housing payments cannot be counted toward the threshold, which catches some landlords out if they haven’t checked the detail.
Various discretionary grounds cover anti-social behaviour and breach of tenancy terms. Unlike Ground 8, these leave the court with discretion over whether to grant possession even where the ground is technically established, which means the strength of the evidence presented matters considerably more.
What’s changed practically for local landlords. The evidence bar across all these grounds has risen compared to what Section 21 required. Courts are looking for genuine, demonstrable intent behind Ground 1 and 1A claims specifically — not simply a notice stating an intention, but something that supports it being real: for Ground 1A, evidence the property is genuinely being marketed for sale; for Ground 1, something that supports the stated intention to occupy, particularly where a tenant disputes it.
Building the case before serving notice, not after. For any landlord considering a Section 8 claim on Grounds 1 or 1A specifically, the practical advice is to start assembling supporting evidence before serving the notice, not scrambling to find it once a tenant has indicated they intend to contest. That might mean instructing an estate agent for a genuine sale, or documenting the specific family circumstance driving a Ground 1 claim, well ahead of the formal process starting.
The court timeline is the other major local reality to plan around. With average time from claim to possession order currently running at roughly 34 weeks nationally, and Guildford operating within the same county court system as everywhere else in England, there’s no meaningful local shortcut available. Planning on the assumption of a lengthy process, even where the ground itself is straightforward, is the realistic baseline now.
General information, not legal advice. Property Lounge, Guildford.
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