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A Cautionary Tale for Landlords Using Section 8 To Arrange Vacant Possession

July 29, 2026 · The UK PRS (Private Rented Sector)

Friday 31 July marks the final opportunity for landlords to start court proceedings using a Section 21 notice served before the Renters’ Rights Act came into force.

Miss that deadline and, in almost every case, recovering possession will mean relying on the new Section 8 process instead. That brings a very different set of challenges.

Landlords must now prove one of the statutory grounds for possession, every contested claim has to go through the courts, and anyone using the new sale ground faces a 12-month ban on re-letting once the tenant has left.

Those changes are rightly causing many landlords to rethink how and when they sell.

But while much of the discussion has focused on getting possession, it is just as important to think about what happens after a tenant has been evicted.

Empty properties can quickly become expensive liabilities, and many landlords discover that regaining possession is only the beginning of the financial and practical challenges involved in achieving a successful sale.

We take a look at what can and does go wrong doing it the hard way (through the courts).

Real-World Example

An “Evicted tenant’s aftermath” case on Property118 highlights just how costly and draining evicting tenants can be https://www.property118.com/evicted-tenants-aftermath

One landlord shared they were left with most of the tenant’s belongings—and property damage—far exceeding the deposit, sparking questions about how best to recover costs.

Veteran Landlords’ Perspectives

Just some of the responses from landlords who commented under the post, offers a sobering first‑hand account:

“My repairs was close to £10k… it would probably cost another £8‑£10k to do all the legals…”

“Trying to reclaim costs from the ex-tenant isn’t going to work because obviously he has run out of money. I tried MCOL and yes it posted a CCJ on the person, but that didn’t get me my money.”

“Just be careful… I learned this the hard way! After a canny tenant had utterly played me, and I had lost a year’s rent plus court costs ..this was the final insult.”

One landlord explained that legal prep, court appearances, and CCJ enforcement promised minimal returns — so he gave up and chose to exit the sector.

Why This Matters—A Cautionary Tale

  • Time and stress: Hundreds of landlord hours often get swallowed by court processes and follow‑up on CCJs.
  • Financial exposure: Even with a CCJ, tenants on benefits may pay only £5–£10 a week—delivering poor results.
  • Asset liability: Damaged property, leftover items, debris removal: landlords frequently bear costs far above deposit sums.

An Alternative To Eviction

Instead of enduring protracted eviction and disposal proceedings through the courts, where possible Landlord Sales Agency (LSA) works with tenants to solve their problems and help rehouse them.

Keeping Your Tenants Onside Means Keeping Your Options Open And The Buyer Pool As Big As Possible

One of the key differences between us and other companies selling rental properties with tenants in situ is what we do to keep tenants happy.

We make a point of working with tenants, not around them or against them.

We help them find solutions to any outcome and in doing so, instead of restricting ourselves to one type of buyer, we create as many possible routes to a successful sale as we can.

👍 If tenants would like to buy the property and can pass the credit tests required by lenders, we can help them raise a deposit using the BRRR technique investors commonly use to pull equity out of a property to reinvest elsewhere.

👍 If they do not want to buy or are not suitable, we look for incoming landlords who make up almost ~30% of buyers buying rental properties.

When investors buy tenanted property they’re looking at rental income, yield and long-term performance rather than freshly decorated kitchens or kerb appeal so taking the high street route can actually work against you by excluding a significant number of buyers.

By helping tenants through a very difficult time for them, they are more cooperative and make every stage of the sale easier from collecting material for listings, to helping with viewings, to providing access for surveys and choosing to leave by voluntary surrender rather being evicted.

👍 As a result, we can also open up the sale to owner occupiers – who make up the biggest section of buyers and drive up the prices investors will pay.

A Win-Win-Win Solution

By working with tenants rather than against them, everyone wins:

  • No buyers are ruled out from making an offer
  • Sellers get better prices for a fast, reliable sale without the stress and risks of using eviction to gain vacant possession or having to put their lives on hold waiting for tenants to leave
  • Tenants have meaningful, worthwhile options they want to protect

In respect of the landlord experiences discussed above, an important but often overlooked benefit is that our cooperation of course depends on property being vacated in a timely and acceptable condition.

  • Landlords reduce the risk of property damage and legal costs post eviction

Benefits

BenefitExplanation
Avoid legal fees and delaysSkips Section 8 evictions and court timelines
Eliminate clean‑up costs and liabilityVacant property can be handed over in better order
Programme certaintyEnables swift disposal and reinvestment without tenant issues
Emotional reliefAvoids adversarial relationships and stress associated with eviction

Key Takeaway

This real‑life account and the expert responses to it explains why sometimes taking a slightly lower sale price upfront and working through a sales agency that handles empty possession can be more efficient, cost‑effective, and less emotionally draining than pursuing eviction.

It’s a useful alternative worth considering – especially in a tougher legal environment where Section 8 claims and CCJs yield limited return and can cause high friction.

Once you have made the decision to sell using a specialist service to avoid all the stress and headaches of trying to vacate properties through the courts to sell rental properties on the high street, all you need to do is make sure you use the best in business. That’s us @ the Landlord Sales Agency!

Contact us today to find out what we can do for you.

There is no obligation to proceed and we operate a no sale, no fee policy so you have nothing to lose and potentially lots to gain.

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