Section 8 Grounds for Possession Under the Renters' Rights Act: The Full List

Published 25 May 2026 | Updated 7 June 2026 | By Emma Thornton, Housing Compliance Specialist

TL;DR

From 1 May 2026, Section 21 no-fault evictions are abolished. Section 8 is now the only legal route to possession. There are 18 grounds split into mandatory (court must grant possession if proven) and discretionary (court decides if reasonable). Most landlords will use Grounds 1 (moving in), 1A (selling), 8 (serious rent arrears), 10/11 (discretionary arrears), 12 (tenancy breach), 13 (property deterioration), or 14 (antisocial behaviour). Notice periods range from no notice to 4 months. Strict compliance with notice procedures, deposit protection, and evidence requirements is essential — procedural errors will sink your claim regardless of merit.

Executive summary

From 1 May 2026, Section 21 no-fault evictions are abolished. Section 8 grounds for possession under the Housing Act 1988 are now the only legal route for landlords to recover possession through the courts. There are 18 grounds, split into mandatory (the court must grant possession if you prove the ground) and discretionary (the court decides if it is reasonable). Each ground has different notice periods ranging from no notice to four months, and different evidence requirements. According to the Ministry of Housing, Communities & Local Government guidance on grounds for possession, the court will expect strict compliance with notice procedures, deposit protection rules, and the new landlord database registration. This article is your complete reference to every ground, the procedure, and what the court will require.

From 1 May 2026, Section 21 'no-fault' evictions are gone. Every assured tenancy in England converts to a periodic tenancy, and the only way a landlord can recover possession through the courts is by proving a Section 8 ground under the Housing Act 1988 — as substantially rewritten by the Renters' Rights Act 2025.

This is the long-form reference our customers asked for: every ground, the notice period, whether it is mandatory or discretionary, and the kind of evidence the court will expect. Bookmark it. If you only manage one or two properties, you will not need most of these grounds in your working lifetime — but when you do need one, you need to get it right.

Frequently asked questions

Can I still use Section 21 to evict a tenant?

No. Section 21 no-fault evictions were abolished on 1 May 2026 by the Renters' Rights Act 2025. All assured shorthold tenancies converted to periodic assured tenancies on that date, and Section 21 notices can no longer be served. The only route to possession is now Section 8, which requires you to prove a statutory ground. If you need to recover your property to move in yourself, you use Ground 1; if you are selling, you use Ground 1A. There is no 'no-fault' option.

What is the difference between mandatory and discretionary Section 8 grounds?

Mandatory grounds (Grounds 1 to 8) require the court to grant a possession order if you prove the facts — the judge has no discretion to refuse, though they can allow up to 14 days (or six weeks in cases of exceptional hardship) for the tenant to leave. Discretionary grounds (Grounds 9 to 18) give the judge the power to refuse possession even if the ground is proven, based on whether eviction is 'reasonable' given all the circumstances. According to housing law practitioners, reasonableness takes into account the tenant's conduct, personal situation, effect on dependants, and the landlord's position.

How long is the notice period for Ground 8 rent arrears?

Ground 8 (serious rent arrears) requires four weeks' notice. The tenant must owe at least three months' rent (if rent is paid monthly) or 13 weeks' rent (if paid weekly or fortnightly) both at the date you serve the notice and at the date of the court hearing. This means you cannot start court proceedings until at least 28 days after serving notice, and the hearing itself will typically be listed 6-8 weeks after you file, meaning a minimum 10-12 week timeline even if the tenant does not defend. If the arrears fall below this threshold before the hearing, Ground 8 fails — which is why landlords typically plead Grounds 10 and 11 (discretionary grounds covering any arrears or persistent late payment) alongside it.

What must I prove to the court for a mandatory ground?

For mandatory grounds you must prove every factual element set out in the ground's statutory wording. For example, Ground 1 (landlord moving in) requires evidence that you or a close family member genuinely intends to occupy the property as their only or principal home, that the tenancy has run for at least 12 months, and that you served the correct notice. According to the MHCLG guidance on grounds for possession, the court will expect documentary evidence: a signed statement of intent, proof of sale of the occupier's current home or job relocation, and confirmation the protected period has passed. The threshold is the balance of probabilities, but the evidence must be credible and contemporaneous.

Can I rely on more than one ground in a single Section 8 notice?

Yes. You can — and often should — rely on multiple grounds in the same notice. For example, when pursuing a tenant in arrears, best practice is to cite Ground 8 (mandatory, serious arrears), Ground 10 (discretionary, any arrears), and Ground 11 (discretionary, persistent late payment) together. This gives you belt-and-braces protection: if the tenant pays down the arrears to just below the Ground 8 threshold before the hearing, you still have the discretionary grounds in reserve. The notice period you must observe is the longest of the grounds you are relying on.

What happens if my tenant disputes the Section 8 ground?

If the tenant files a defence disputing the ground, the court will list a full hearing where both parties present evidence. For mandatory grounds, the dispute is typically factual (e.g. whether you genuinely intend to move in for Ground 1, or whether arrears reached the threshold for Ground 8 on the required dates). For discretionary grounds, the tenant may admit the facts but argue that possession is not reasonable given their circumstances. According to housing law practitioners, disputed claims typically add 8-12 weeks to the timeline and require witness statements, documentary evidence bundles, and often legal representation. If the ground is not proven or the court finds possession unreasonable, the claim is dismissed and you bear the costs.

Do I need to protect the deposit before I can use Section 8?

Yes. As set out in the official MHCLG guidance on grounds for possession, the court cannot make a possession order under almost any Section 8 ground if the deposit has not been protected in a government-approved scheme and the prescribed information has not been served on the tenant. This is a procedural trip-wire that will sink your claim regardless of the strength of your ground. Check your deposit compliance before you serve notice — if you're unsure, read our guide on deposit protection requirements under the Renters' Rights Act.

How Section 8 works from 1 May 2026

Under the new regime, every tenancy is an assured periodic tenancy. To recover possession you must:

1. Identify a ground that fits your facts. As set out in Schedule 2 to the Housing Act 1988, as amended by Schedule 1 of the Renters' Rights Act 2025, there are 18 grounds for possession. You can rely on more than one ground in the same notice.
2. Serve a Section 8 notice in the prescribed form. The notice must specify the ground(s), set out the particulars, and give the correct notice period for the ground you are using. The Ministry of Housing, Communities & Local Government publishes the assured tenancy forms.
3. Wait out the notice period. Notice periods range from no notice (Ground 14) to four months (most of the landlord-circumstance grounds). Possession cannot be applied for before the notice period expires.
4. Apply to the county court for a possession order. If the tenant has not left, you issue a possession claim. The court will list a hearing; you must bring evidence to prove every element of the ground.
5. Enforce, if needed, through the High Court Enforcement Officer or county court bailiff. A possession order is not self-executing — if the tenant still does not leave, you apply for a warrant of possession.

Two procedural points that catch people out:

• The deposit must be protected. The official MHCLG guidance is explicit: a court cannot make a possession order if the deposit has not been protected in a government-approved scheme. This applies to almost every Section 8 ground.
• You must be registered on the Private Rented Sector Database. Phase 2 of the Renters' Rights Act ties access to possession to being registered on the new landlord database. Until that switches on, the deposit rule is the main procedural trip-wire.

Section 8 is no longer the backup route — from May 2026 it is the only route. The grounds matter because they are now the whole map.

Mandatory vs discretionary grounds — and why it matters

The grounds split into two families:

• Mandatory grounds (Grounds 1 to 8). If you prove the ground, the court must make a possession order. The judge has no discretion to refuse, although they can give the tenant up to 14 days to leave (or up to six weeks if leaving on the date specified would cause exceptional hardship).
• Discretionary grounds (Grounds 9 to 18). Even if you prove the ground, the court only grants possession if it considers it 'reasonable'. The judge weighs the tenant's conduct, their personal circumstances, the effect on dependents, and the landlord's position.

According to county court guidance to judges, reasonableness is where discretionary claims are won and lost. A judge can refuse a possession order on a discretionary ground even if the tenant is plainly in breach, or they can grant it 'suspended' on terms — for example, that the tenant pays off arrears at £50 a week.

The table below summarises every ground. The detailed notes follow.

The full Section 8 grounds table (from 1 May 2026)

All notice periods are taken from the MHCLG grounds for possession guidance (updated February 2026), which reflects the Schedule 2 amendments made by the Renters' Rights Act 2025. Court hearing timelines assume typical county court listing windows as of June 2026 — actual timelines vary by court and case complexity.

The grounds most small private landlords will actually use

For a one- or two-property landlord, the realistic toolkit is narrower than the table suggests. The grounds you should actually be familiar with are 1, 1A, 6B, 7, 8, 10, 11, 12, 13 and 14. The rest are for institutional, social or specialist landlords.

Ground 1 — Can I evict to move back into my own property?

Mandatory. 4 months' notice.

Ground 1 covers the situation where you, your spouse or civil partner, or a close family member needs to occupy the property as their only or principal home. According to the MHCLG guidance on grounds for possession, you cannot use Ground 1 within the first 12 months of a tenancy — the protected period exists to stop landlords flipping straight into 'I want to move in' after a few months.

Evidence the court will expect:

• A signed statement of intent identifying the person who will move in and their relationship to you.
• Evidence that the intent is genuine — for example, a sale of the would-be occupier's current home, a job relocation, or a return from abroad.
• Confirmation that the tenancy has run for at least 12 months.

If you re-let the property within 12 months of evicting on Ground 1, you will face penalties under the Renters' Rights Act's enforcement regime — up to £40,000 for serious or repeat breaches. For more on the enforcement powers, see our guide on Renters' Rights Act penalties and enforcement.

For the full step-by-step on Ground 1, read our dedicated guide: Section 8 Ground 1: Landlord Moving In.

Ground 1A — Can I evict a tenant to sell the property?

Mandatory. 4 months' notice.

Ground 1A is new. It was created specifically because Section 21 has gone and landlords needed a route to recover possession when they want to sell. As with Ground 1, you cannot use Ground 1A in the first 12 months of a tenancy.

The MHCLG guidance sets out an important carve-out: a private landlord cannot use Ground 1A against a tenant whose assured tenancy was created before 1 May 2026 and was not an assured shorthold tenancy (the rare 'lifetime' assured tenancies).

What 'intent to sell' looks like in evidence:

• An instruction letter from an estate agent or auctioneer.
• A listing on the open market.
• Solicitor's instructions to handle the conveyancing.

For the full step-by-step on Ground 1A, read our dedicated guide: Section 8 Ground 1A: Selling the Property.

Ground 1B — Can I evict under a Rent to Buy scheme?

Mandatory. 4 months' notice.

Narrow: applies where the property is part of a Rent to Buy scheme and the tenant has been offered the opportunity to buy at the end of the scheme but has not done so. Almost no private landlord will use this.

Ground 6B — Can I evict to comply with enforcement action?

Mandatory. 4 months' notice.

This is one of the new grounds. It applies where the local authority or another enforcement body has required you to do something with the property that needs vacant possession — for example, comply with a prohibition order under the Housing Act 2004. According to housing law practitioners, it is the right ground when the property has to come back to you so that you can comply with the law, not because you want it back for yourself.

Ground 7 — What happens if my tenant dies?

Mandatory. 2 months' notice.

Usable where the tenancy has passed by inheritance (not by succession) to someone who was not living at the property at the time of death. According to the Renters' Rights Act 2025 explanatory notes, you generally have 12 months from the death to start the process, and the court can extend that if you only found out about the death later.

Ground 7A — Can I evict for severe antisocial or criminal behaviour?

Mandatory. No notice period, but the court cannot make a possession order for 14 days after notice is served.

Ground 7A is the heavyweight ASB ground. It is triggered by specific objective events: a conviction for a serious offence in or near the property, a breach of an injunction or criminal behaviour order, or a closure order under the Anti-social Behaviour, Crime and Policing Act 2014 that has kept the tenant out for more than 48 hours. Because the trigger is a finding by another court or authority, the evidence threshold at the possession hearing is mainly documentary.

For the everyday neighbour-complaint type of ASB, you will normally be on Ground 14 (discretionary), not 7A. Get this distinction wrong and your claim will fail.

Ground 7B — Can I evict if my tenant has no right to rent?

Mandatory. 2 weeks' notice.

Triggered by a notice from the Secretary of State telling you that all of your tenants have no right to rent under immigration law. You must keep your right to rent records in order for this ground to be available.

Ground 8 — Can I evict for serious rent arrears?

Mandatory. 4 weeks' notice.

As set out in Schedule 2 to the Housing Act 1988 (as amended by the Renters' Rights Act 2025), the threshold has been raised. The tenant must owe at least three months' rent (where rent is paid monthly) or at least 13 weeks' rent (where rent is paid weekly or fortnightly) — both at the date the notice is served and at the date of the hearing.

This means that if you serve notice on 12 June 2026 when the tenant owes £3,600 (three months' rent at £1,200/month), you cannot start court proceedings until 10 July 2026 (4 weeks later). The court will typically list the hearing for late August 2026. If the tenant pays down the arrears to £2,399 by the hearing date, Ground 8 fails — you are £1 short of the three-month threshold, meaning you cannot evict on a mandatory ground despite being owed over £2,000.

Two things to watch:

1. If the tenant brings the arrears below the threshold by the hearing — even by a pound — the mandatory ground falls away. You should always plead Ground 8 alongside the discretionary Grounds 10 and 11 so that you have something left if the tenant pays down to just under the threshold on the morning of the hearing.
2. Universal Credit delays do not count. The guidance is unambiguous: if the arrears exist because the tenant has not received their Universal Credit, you cannot evict on Ground 8. This is a statutory carve-out you cannot contract around.

Ground 10 — Can I evict for any level of rent arrears?

Discretionary. 4 weeks' notice.

Useful below the Ground 8 threshold, or as a back-up. According to housing law practitioners, the court can grant possession outright, suspended on terms (e.g. continued occupation provided arrears are paid down at £X per week), or refuse.

Ground 11 — Can I evict for persistent late payment of rent?

Discretionary. 4 weeks' notice.

For the tenant who is rarely actually in arrears at any one snapshot, but is chronically late. You need records — bank statements, demand letters, a payment chronology. According to county court guidance, the court is looking for a pattern, not a single late payment.

Ground 12 — Can I evict for breach of the tenancy agreement?

Discretionary. 2 weeks' notice.

A catch-all for non-rent breaches: keeping a pet in breach of the tenancy (subject to the new pet-request rules in the Renters' Rights Act), running a business from the property in breach of a residential-use clause, or persistent unauthorised guests. Your tenancy agreement has to actually prohibit the conduct, and you have to show the court the breach is meaningful — according to housing law practitioners, judges will not evict for trivial breaches.

Ground 13 — Can I evict for deterioration of the property?

Discretionary. 2 weeks' notice.

Where the tenant (or someone living with them) has caused the condition of the property or common parts to deteriorate by act or neglect. This is not 'they did not deep-clean the oven' — it is structural damage, persistent neglect that the inventory and check-out reports document. Photo evidence, dated inspection reports and any correspondence putting the tenant on notice are essential.

Ground 14 — Can I evict for antisocial behaviour?

Discretionary. No notice period; the court cannot grant possession for 14 days from when notice is served.

Ground 14 covers conduct by the tenant, a person living with them, or a visitor that causes (or is likely to cause) nuisance or annoyance to anyone with a right to live or work nearby, or amounts to a serious offence committed in or near the property. The behaviour does not have to take place at the property.

This is the workhorse ASB ground. Because it is discretionary, the court weighs the seriousness of the conduct, the steps the tenant has taken to address it, and the likely effect of an eviction on dependants. Evidence that wins Ground 14 claims:

• A diary of incidents kept by neighbours, dated and signed.
• Police incident reference numbers and any community protection notices.
• Correspondence in which you warned the tenant about specific behaviour.
• Witness statements from affected neighbours willing to attend the hearing.

Documentation is the difference between a successful Ground 14 claim and a wasted afternoon at the county court.

Ground 14A — Can I evict a perpetrator of domestic abuse?

Discretionary. 2 weeks' notice.

Lets the landlord evict a perpetrator of domestic abuse where their partner or another household member has left and is unlikely to return. This ground is principally aimed at protecting victims who have fled. According to housing law practitioners, it is technically available to private landlords, but the realistic users are social landlords and registered providers — the evidential burden and risk of getting it wrong are high.

Other grounds in brief

• Ground 2 — sale by mortgagee. Used by a lender, not by you, when you have defaulted on the mortgage. 4 months' notice.
• Grounds 2ZA to 2ZD — superior lease and superior landlord grounds. Niche; for situations where you sublet under a head-lease that is ending.
• Grounds 4 and 4A — student accommodation. Ground 4 is for universities and colleges; Ground 4A allows private HMO landlords to recover an all-student HMO between 1 June and 30 September to re-let to the next academic-year cohort, provided the original tenancy gave notice that the ground might be used.
• Grounds 5 to 5H — minister of religion, agricultural workers, key workers, supported accommodation and 'stepping stone' tenancies. All specialist; most do not apply to private landlords at all, and several are not in force for social landlords until 2027.
• Ground 6 — redevelopment. Where the property has to be demolished or substantially redeveloped and you cannot do that with the tenant in occupation. 4 months' notice. You will need actual planning consents and a credible programme of works.
• Ground 6A — decant. Social landlords only, from 2027.
• Ground 9 — suitable alternative accommodation. You have arranged equivalent accommodation for the tenant. Mostly used by social landlords on a portfolio.
• Ground 14ZA — rioting. Conviction for an indictable offence committed during a riot.
• Ground 15 — deterioration of furniture. As Ground 13, but for furniture in a furnished tenancy.
• Ground 17 — false statement. Tenancy obtained by a false statement made knowingly or recklessly by the tenant or someone acting on their behalf.
• Ground 18 — supported accommodation. Tenant in supported accommodation who is not engaging with the support.

What the notice has to say

A Section 8 notice that gets the form wrong is worse than no notice — you will be sent away by the court and will have to start again, which adds months. According to Section 8 of the Housing Act 1988, the notice must:

• Be on the prescribed form (currently Form 3 for assured tenancies; MHCLG will reissue forms for the new regime — check the assured tenancy forms page before serving).
• State each ground you are relying on, in full.
• Set out the particulars — the facts you say bring the case within the ground (e.g. for Ground 8: rent due, rent paid, arrears figure, date arrears reached the threshold).
• Specify the earliest date court proceedings will be issued — this is the end of the notice period for the longest ground you are relying on.
• Be properly served on every tenant named on the tenancy agreement.

The 'just and equitable' dispensation in s.8(1)(b) is narrow and not available for some grounds. Do not rely on it. Get the notice right.

Common mistakes to avoid

1. Using the wrong ground for the situation. Ground 1 is for moving in; Ground 1A is for selling. They are not interchangeable, and a court will refuse the claim if the wrong ground is pleaded.
2. Serving Ground 1 or 1A inside the 12-month protected period. The notice is invalid. You have to wait.
3. Forgetting to plead Grounds 10 and 11 alongside Ground 8. If the tenant brings the arrears below the threshold before the hearing, Ground 8 fails — but Grounds 10 and 11 may still get you a possession order (or, more often, a suspended one).
4. Not protecting the deposit. No protection, no possession order. Check the scheme is current and the prescribed information has been served.
5. Re-letting within 12 months after Ground 1 or 1A. Civil penalty exposure under the Renters' Rights Act enforcement regime.
6. Insufficient evidence for discretionary grounds. Reasonableness is judged on what is in front of the judge. A dossier beats an assertion every time.

When to instruct a solicitor

For most arrears claims under Ground 8, a competent landlord can prepare and serve the Section 8 notice themselves. The court forms are clear and the arithmetic is simple. Where you should pay for legal help:

• Any claim involving antisocial behaviour (Grounds 7A, 14, 14ZA).
• Any claim where the tenant has indicated they will dispute the facts.
• Ground 6 redevelopment claims — the planning and programme evidence has to be watertight.
• Any claim involving a tenant who may be vulnerable, where reasonableness arguments will be heavily contested.
• Any case where you are unsure which ground fits.

The National Residential Landlords Association provides member-facing template guidance, but for contested hearings you want a housing solicitor with county-court possession experience, not a generalist.

The bigger picture

Section 21 was, for two decades, the safety valve in the assured shorthold regime. Its abolition is the single most consequential change in the Renters' Rights Act 2025, and the redrawn Section 8 grounds are what fills the gap. The new mandatory grounds — particularly 1A (sale) and 6B (compliance) — are deliberately structured to give landlords a route back to possession for the legitimate reasons most small landlords actually need it for, while removing the ability to evict simply because the tenant is inconvenient.

Get the right ground, serve a clean notice, document the facts, and the system works. Cut corners and the court will send you home. That is the regime — and from May 2026, it is the only regime there is.

Further Reading

• Section 8 Ground 1: Landlord Moving In — the detail on the family-occupation ground
• Section 8 Ground 1A: Selling the Property — the new sale ground, step by step
• How to End a Tenancy After Section 21 Is Abolished — the possession process under the new framework
• Renters' Rights Act 2025: What Landlords Need to Know — the complete overview of the Act
• Renters' Rights Act Compliance Checklist for Landlords — every obligation mapped out

LandlordReady tracks notice periods and possession-ground deadlines for every tenancy — see how deadline alerts keep your Section 8 notices clean and on time.

Sources and Further Reading

• Renters' Rights Act 2025 — the primary legislation
• Housing Act 1988 — as amended by the Renters' Rights Act 2025
• MHCLG Grounds for Possession Guidance for Landlords and Letting Agents — official government guidance (updated February 2026)
• Shelter Legal England: Grounds for Possession — authoritative guidance from the UK's leading housing charity
• Law Society: Property Law and Conveyancing — practitioner guidance and case law updates
• National Residential Landlords Association: Grounds for Possession — member-facing template guidance

About the author: Emma Thornton is a Housing Compliance Specialist with 12 years' experience advising small private landlords on the Private Rented Sector regulatory framework. She holds the Level 4 Award in Residential Landlord Management and is a member of the Association of Residential Letting Agents (ARLA Propertymark). Emma has worked directly with over 300 landlords navigating possession proceedings, deposit disputes, and compliance with the Housing Act 2004 enforcement regime.