Section 8 Evidence Bundle, What Courts Expect

Since Section 21 was abolished on 1 May 2026, every English landlord seeking possession must use Section 8 and prove their case to a judge. Preparation is everything. A poorly evidenced Section 8 claim is likely to be adjourned, and in rent arrears cases an adjournment can allow the tenant to reduce the arrears below the mandatory threshold, destroying the mandatory ground. This guide tells you exactly what to put in your evidence bundle for each common ground.

Core documents required for every Section 8 claim

These documents are needed regardless of which ground you are relying on:

• Signed tenancy agreement: The current Periodic Assured Tenancy Agreement or (for pre-May 2026 tenancies) the AST, plus any renewal or variation documents
• Prescribed information for deposit: The prescribed information document served on the tenant at the start of the tenancy and any subsequent deposit protection certificates
• How-to-Rent guide: Evidence that you served the correct version of the How-to-Rent guide at the tenancy start
• EPC: The current Energy Performance Certificate for the property (minimum band E for an assured tenancy)
• Gas Safety Certificate: The current CP12 gas safety record (must be in date at the notice date)
• EICR: The current Electrical Installation Condition Report (satisfactory, within 5 years)
• Section 8 notice (Form 3A): The notice itself, completed correctly for the ground(s) relied on, with the correct notice period
• Proof of service: Certificate of service (personal delivery), recorded delivery tracking printout, or process server certificate

Ground 8, serious rent arrears: additional evidence required

• Rent account statement: A table showing every rent payment due (date and amount), every payment received (date and amount), and the running arrears balance, up to and including the hearing date
• Arrears demand letters: Copies of all letters or messages demanding payment of arrears, with dates
• Bank statements: Your landlord bank account statements showing all rent receipts from this tenant
• Section 8 notice confirmation: The notice must state the arrears figure at the notice date; update the rent account to show the hearing-date figure

Ground 14, anti-social behaviour: additional evidence required

• Complaint logs: Your own dated records of every incident, including date, time, nature of behaviour, and witnesses
• Neighbour complaints: Written statements or signed letters from affected neighbours (ask them to be present if possible)
• Police records: URN numbers and incident report extracts from police call-outs
• Council enforcement records: Noise abatement notices, environmental health correspondence
• Warning letters: Copies of all written warnings you have issued to the tenant
• Photographs or CCTV: Any visual evidence of damage, waste accumulation, or physical incidents

Ground 1A, landlord intends to sell: additional evidence required

• Sale instruction: Signed instruction letter to your estate agent
• Property listing: The Rightmove or Zoopla listing (if already live)
• Mortgage documentation: Evidence of sale necessity (for example mortgage redemption statement)
• Statutory declaration: A signed declaration of your genuine intention to sell; false declarations carry criminal penalties under the RRA 2025

Ground 1, landlord or family intends to occupy: additional evidence required

• Statutory declaration: A signed declaration that you or the named family member genuinely intends to use the property as their principal home
• Supporting evidence of intention: Job offer letter, school enrolment, hospital appointment, anything that corroborates genuine occupancy intention
• Note on the 12-month bar: If the property is re-let within 12 months after possession, the previous tenant can claim compensation

Organising the evidence bundle

1. Divide documents into sections: (A) Tenancy; (B) Compliance certificates; (C) Notice and service; (D) Ground-specific evidence
2. Number every page sequentially across all sections
3. Create a one-page index listing each document, its tab reference, and page numbers
4. Make three copies: one for the court file, one for the tenant, one for yourself
5. Check the court's local practice direction, some county courts require bundles to be filed 14 days before the hearing; others at the door

For the Section 8 notice itself, see our Section 8 Notice Pack. For the Periodic Assured Tenancy Agreement you will need as the underlying document, see the Periodic Assured Tenancy Agreement.