Section 8 Possession Grounds: Complete Guide for Landlords

With the abolition of Section 21 from 1 May 2026, Section 8 of the Housing Act 1988 is now the only route for landlords in England to end a tenancy. Understanding the grounds for possession — which ones apply, what notice periods they carry, and what restrictions attach to them — is essential knowledge for every landlord.

This guide sets out every current ground for possession, with notice periods, key restrictions, and practical guidance on which ground to use in common scenarios.

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Why Section 8 Now Matters

Before the Renters' Rights Act 2025, most landlords relied on Section 21 — the "no-fault" route — because it was simpler. There was no need to prove anything beyond compliance with paperwork requirements. Section 8 was used for serious situations like rent arrears or anti-social behaviour.

That simplicity is gone. Every eviction now requires a valid legal ground. The ground must be specified in the notice, and the landlord must be able to prove it at a court hearing if the tenant does not leave voluntarily.

There are two categories of grounds:

• Mandatory grounds — if the landlord proves the ground exists, the court must grant possession. There is no discretion.
• Discretionary grounds — even if the ground exists, the court will only grant possession if it considers it reasonable to do so.

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Mandatory Grounds for Possession

4 Months' Notice Required

These are typically the grounds used when a landlord needs to recover the property for personal or commercial reasons.

| Ground | Description | Key Restrictions | |---|---|---| | Ground 1 | Landlord, or a close family member (parent, grandparent, sibling, child, or grandchild), intends to move into the property as their only or principal home | Cannot be used until 12 months from the start of the tenancy | | Ground 1A | Landlord intends to sell the property | Cannot be used until 12 months from the start of the tenancy. Landlord cannot re-let or re-market the property for 12 months after possession is granted | | Ground 1B | A Registered Provider of social housing intends to sell the property | Similar restrictions to Ground 1A | | Ground 6 | Landlord intends to demolish or carry out substantial redevelopment of the property | Landlord must have acquired their interest before the tenancy started. Minimum tenancy of 6 months (12 months if possession follows compulsory purchase). Court may order compensation for the tenant | | Ground 6B | Landlord needs possession to comply with enforcement action by a local authority or other body | Court may order compensation for the tenant |

2 Months' Notice Required

These apply in specific, more unusual situations typically involving the nature or purpose of the property.

| Ground | Description | |---|---| | Ground 5 | The property was let for occupation by a minister of religion and is now required for another minister | | Ground 5C | The property is tied to employment and the tenant's employment has ended | | Ground 5H | The property is "stepping stone" accommodation designed to support tenants transitioning to independent living |

4 Weeks' Notice Required

| Ground | Description | |---|---| | Ground 8 | The tenant owes at least 3 months' rent (or 13 weeks if rent is paid weekly or fortnightly) both at the time the notice is served and at the date of the court hearing. Universal Credit housing cost payments that have not yet been received by the tenant are disregarded | | Ground 5F | Funding for support services has been withdrawn or the accommodation is unsuitable for the tenant's needs |

Immediate Proceedings (No Notice Period)

| Ground | Description | |---|---| | Ground 7A | The tenant has been convicted of a serious criminal offence, has been subject to a closure order, or has engaged in severe anti-social behaviour in the locality |

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Discretionary Grounds for Possession

With discretionary grounds, the court must consider whether it is reasonable to grant possession. Even if the ground exists, a judge can decline if the circumstances do not justify eviction.

| Ground | Description | Notice Period | |---|---|---| | Ground 9 | Suitable alternative accommodation is available for the tenant | 2 months | | Ground 10 | Some rent arrears exist, but the amount does not meet the threshold for Ground 8 | 2 weeks | | Ground 11 | The tenant has persistently been late paying rent, even if there are no current arrears | 2 weeks | | Ground 12 | The tenant has breached a term of the tenancy agreement (other than the obligation to pay rent) | 2 weeks | | Ground 13 | The condition of the property or the landlord's furniture has deteriorated due to the tenant's negligence, ill-treatment, or failure to take care | 2 weeks | | Ground 14 | The tenant or someone living in or visiting the property has caused, or is likely to cause, nuisance or annoyance to neighbours or others in the locality; or has used or allowed the property to be used for illegal or immoral purposes | Immediate | | Ground 14ZA | The tenant has been convicted of a riot offence committed in the locality of the property | 4 weeks | | Ground 14A | The landlord has domestic violence evidence: a partner or former partner of the tenant has had to leave the property due to domestic violence and is unlikely to return | 2 months | | Ground 15 | The condition of the landlord's furniture has deteriorated because of ill-treatment by the tenant or a person who resides with the tenant | 2 weeks | | Ground 16 | The tenancy was granted because the tenant was employed by the landlord and the employment has since ended | 2 months | | Ground 17 | The tenancy was granted based on a false statement made knowingly or recklessly by the tenant | 2 weeks | | Ground 18 | Supported accommodation: the tenant is refusing to engage with support services and the landlord is a provider of supported housing | 4 weeks |

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The Restricted Re-Letting Rule: Grounds 1 and 1A

Grounds 1 and 1A carry a restriction that does not apply to any other ground. It was introduced to prevent landlords using "I want to sell" or "I want to move in" as cover for getting rid of a tenant when the real reason was simply that they wanted vacant possession.

Ground 1 (move-in): After possession is granted, if the landlord or family member does not move in — or moves in but leaves again shortly afterwards — the tenant may have grounds for a claim.

Ground 1A (sale): After possession is granted, the landlord cannot re-let or re-market the property for letting for 12 months. If they do, the former tenant can bring a claim.

In practice, this means:

• If you serve a Ground 1A notice, you must genuinely intend to sell. If you find you cannot sell and want to re-let, you will need to wait 12 months from the date possession was granted.
• Keep records of your sale attempts — estate agent instructions, Rightmove listings, solicitor correspondence — in case a former tenant later challenges you.

Neither ground can be used until 12 months after the tenancy started. If a tenant moves in on 1 June 2026, the earliest a Ground 1 or 1A notice can be served is 1 June 2027.

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New Grounds Introduced by the Renters' Rights Act 2025

The Renters' Rights Act added or substantially modified several grounds:

• Ground 1A is entirely new — it formalises the sale ground that previously had to be shoehorned into other provisions.
• Ground 5H is new — it covers stepping stone accommodation for tenants moving toward independent living.
• Ground 6B is new — it allows possession where the landlord must comply with enforcement action.
• Ground 8 has been modified — Universal Credit housing cost payments not yet received by the tenant are now disregarded when calculating arrears, preventing landlords from counting money the tenant has not actually received.
• Ground 18 is new — it specifically addresses supported accommodation tenants who refuse to engage with services.

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Which Ground to Use: Common Scenarios

You want to move back into the property (or a family member does)

Use Ground 1. You need 4 months' notice. You cannot use it until 12 months after the tenancy started. Make sure the move-in is genuine — if the family member does not actually move in, the former tenant may have a claim against you.

You want to sell the property

Use Ground 1A. You need 4 months' notice. You cannot use it until 12 months after the tenancy started. Once you have possession, you cannot re-let for 12 months.

The tenant owes 3 or more months' rent

Use Ground 8 (mandatory) if you want a guaranteed outcome. Use Ground 10 (discretionary) if arrears are lower, or as a back-up alongside Ground 8. Serve 4 weeks' notice for Ground 8 and 2 weeks for Ground 10.

Important: with Ground 8, the arrears must still be at least 3 months at the date of the hearing — not just when you served the notice. If the tenant pays down some of the debt before the hearing, you may lose the mandatory ground and only have discretionary grounds remaining.

The tenant is being a nuisance to neighbours

Use Ground 14 (discretionary, immediate proceedings). This covers nuisance, annoyance, and illegal or immoral use. Because it is discretionary, the court will consider whether eviction is proportionate — the more serious and ongoing the behaviour, the stronger your case.

The tenant is persistently late with rent but currently owes very little

Use Ground 11 (discretionary, 2 weeks' notice). You need to demonstrate a pattern of persistent delay — keep records of payment dates to show the court.

The tenant breached a term of the agreement (other than rent)

Use Ground 12 (discretionary, 2 weeks' notice). You must be able to show the specific term that was breached and evidence of the breach.

You need to carry out major redevelopment

Use Ground 6 (mandatory, 4 months' notice). You must have owned the property before the tenancy started, and you must have concrete plans for the redevelopment — not just an intention.

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Practical Points for Landlords

Always use the prescribed form. Section 8 notices must be served on the correct prescribed form. Using the wrong form, or omitting the required information, can render the notice invalid and require you to start again.

Specify your grounds clearly. The notice must set out which ground or grounds you are relying on. If you include a ground but cannot prove it at the hearing, that ground falls away — but any others you included remain live.

Multiple grounds are allowed. You can include more than one ground on the same notice. For example, if you are serving for rent arrears, you might include both Ground 8 (mandatory, 3+ months) and Ground 10 (discretionary, any arrears) to protect yourself if arrears fall between notice and hearing.

Keep evidence. For every ground, you will need evidence. Arrears: a rent ledger. Nuisance: written complaints, police reports, witness statements. Sale: estate agent instructions, property listings. Move-in: signed evidence that the family member has moved in.

PRS Database registration matters. Unregistered landlords cannot use most Section 8 grounds — only Grounds 7A and 14 remain available. Make sure you are registered on the PRS Database before you need to rely on any other ground.

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For a broader overview of all the changes introduced by the Renters' Rights Act 2025, see our full guide to the Act.