With Section 21 abolished, landlords can only regain possession through Section 8 — and that requires solid evidence. Here's how to build an inspection record that stands up in court.
Emma Williams
Compliance & Documentation Lead
The abolition of Section 21 under the Renters Rights Act has fundamentally changed the evidence landscape for landlords. Where previously a landlord could end a tenancy without providing any reason — and without needing to prove anything — they must now demonstrate valid legal grounds under the reformed Section 8 process. This shift places inspection evidence at the very centre of landlord-tenant law.
Several of the most commonly used Section 8 grounds require photographic and documentary evidence gathered through the inspection process. Ground 10 and 11 (rent arrears) require payment records. Ground 12 (breach of tenancy) may require photographic evidence of damage or unauthorised alterations. Ground 13 (deterioration of property) requires comparison evidence showing the property's condition has declined since check-in. Ground 14 (anti-social behaviour) may require evidence of property damage caused by the tenant or their guests.
For Ground 13 — deterioration of the property — your check-in and mid-tenancy inspection photos are the primary evidence. Without a timestamped, geo-tagged baseline, this ground cannot be established.
Under the Renters Rights Act framework, the check-in inspection report is now effectively a legal document. It establishes the baseline condition of the property at the start of the tenancy. Any deterioration from that baseline — whether it's damage, neglect, or unauthorised alteration — must be demonstrated by reference to the check-in record.
Mid-tenancy inspections take on new importance under the Renters Rights Act. Where previously they were mainly used to identify maintenance issues and check compliance, they now serve a critical evidential function. A mid-tenancy inspection that documents a property in good condition provides a baseline against which subsequent deterioration can be measured. It also demonstrates that the landlord has been actively managing the property — which supports the case for legitimate possession grounds.
Conduct mid-tenancy inspections at regular intervals — at minimum every 12 months for periodic tenancies. Document the results thoroughly using the same photo standards as the check-in inspection. Share the results with the tenant promptly. Any issues found should be noted in writing, with a timeframe for remedy and a follow-up inspection if necessary.
If possession proceedings become necessary, the check-out inspection report — combined with the check-in and mid-tenancy records — forms your evidence pack. Courts and adjudicators expect structured, timestamped, photographic evidence. AI-powered comparison reports that place check-in and check-out photos side by side, with written assessments of changes in condition, are now the gold standard for Section 8 possession cases involving property deterioration.
Deposit protection rules remain in place under the Renters Rights Act — and the new Ombudsman scheme adds an additional layer of accountability. Deposit deduction disputes can now be escalated to the Ombudsman as well as to the deposit protection schemes themselves. This means the quality of your evidence needs to meet two potential scrutiny standards. AI-generated comparison reports with clear, structured photographic evidence are the best defence against both adjudicator and Ombudsman review.
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