Section 8: the only route to possession
Since 1 May 2026, all possession proceedings in the private rented sector must be brought under Section 8 of the Housing Act 1988 using the grounds in Schedule 2 of that Act (as amended by the Renters’ Rights Act 2025). There is no alternative.
The grounds fall into two categories: mandatory (the court must grant possession if the ground is proved) and discretionary (the court will consider whether it is reasonable to grant possession even if the ground is proved).
This guide covers the grounds private landlords use most. GOV.UK lists more, including grounds for mortgage lenders, suitable alternative accommodation and furniture; see its grounds for possession guidance.
Mandatory grounds
These grounds require the court to grant a possession order once the facts are established. The judge has no discretion.
Ground 1 - Landlord or family member occupation (4 months’ notice)
The landlord or a close family member needs to move into the property. You cannot ask the tenant to leave on this ground in the first 12 months of a new tenancy. You can give notice during that time, but it cannot expire before the 12 months have ended. After using this ground you cannot market or re-let the property for 12 months, and a landlord who does can be given a financial penalty of up to £40,000.
Ground 1A - Intention to sell (4 months’ notice)
New ground introduced by the RRA 2025. The landlord intends to sell the property. As with Ground 1, you cannot ask the tenant to leave in the first 12 months of a new tenancy, and you cannot market or re-let the property for 12 months afterwards. The ground is not available where the tenancy is an older non-shorthold assured (‘lifetime’) tenancy created before 1 May 2026.
Ground 4A - Student tenancy, end of academic year (4 months’ notice)
Applies only to a house in multiple occupation (HMO): at least 3 tenants forming more than one household who share a toilet, bathroom or kitchen. The HMO must be let to full-time students and needed for a new group of students in line with the academic year, between 1 June and 30 September. You must have given advance notice at the start of the tenancy that you intend to use this ground.
Ground 6 - Redevelopment (4 months’ notice)
The landlord needs to redevelop or demolish the property, and the tenant cannot live there while it is done. Usually you cannot use this ground in the first 6 months of the tenancy, but the exact requirements can vary.
Ground 7A - Serious anti-social behaviour (Immediate notice)
The tenant, or a person living with or visiting them, has been convicted of criminal behaviour or has breached an order made to prevent anti-social behaviour. It also applies where the council or police have applied for a closure order and the tenant has been unable to access the premises for more than 48 hours. There is no notice period, so you can apply to court straight after giving notice, but the court cannot make a possession order until 14 days after the date you gave it.
Ground 7B - No right to rent (2 weeks’ notice)
The tenant has no right to rent under immigration law and the Secretary of State has given the landlord notice of that. See the Right to Rent guidance on GOV.UK.
Ground 8 - Serious rent arrears (4 weeks’ notice)
The tenant must be at least 3 months’ rent in arrears (or 13 weeks if rent is paid weekly or fortnightly) at both the date the notice is served and at the date of the court hearing. The threshold was raised from 2 months by the RRA 2025. If the arrears exist because the tenant has not received their Universal Credit, you cannot use this ground.
Discretionary grounds
These grounds require the court to be satisfied it is reasonable to grant possession, even if the facts are established.
Ground 10 - Some unpaid rent (4 weeks’ notice)
Some rent is unpaid at the time the notice is served. Unlike Ground 8, there is no minimum arrears threshold, but the court has full discretion.
Ground 11 - Persistent late payment (4 weeks’ notice)
The tenant has persistently delayed paying rent, even if no arrears are currently outstanding. The landlord should be able to demonstrate a clear pattern of late payments.
Ground 12 - Breach of tenancy obligation (2 weeks’ notice)
The tenant has breached any obligation of the tenancy agreement (other than the obligation to pay rent, which is covered by Grounds 8, 10, and 11). Examples include unauthorised subletting, keeping a pet without consent, or causing damage.
Ground 13 - Deterioration of the property (2 weeks’ notice)
The condition of the property (or furniture) has deteriorated through the acts or neglect of the tenant, a person living with the tenant, or a lodger. The landlord should document the condition with photographic evidence.
Ground 14 - Nuisance or criminal conviction (Immediate notice)
The tenant (or someone living with or visiting them) has been guilty of conduct causing or likely to cause a nuisance or annoyance to neighbours, or has been convicted of a criminal offence in or near the property. Notice can be served immediately, but the court retains full discretion.
Ground 17 - False statement (2 weeks’ notice)
The tenant, or someone acting for them, gave false information to get the property.
Common mistakes landlords make with Section 8
- Serving the wrong notice period - invalidates the notice entirely
- Using Ground 8 when arrears fall below 3 months - the court will dismiss the mandatory ground
- Attempting Ground 1 within the first 12 months of the tenancy
- Applying to court with an unprotected deposit, or for a property that has to be on the PRS Database and is not. The court cannot make a possession order in either case (apart from the anti-social behaviour Grounds 7A and 14 where registration is the problem)
- Failing to provide accurate details of the ground in the notice
- Not keeping evidence of the arrears, breach, or other grounds
Always seek independent legal advice before serving a Section 8 notice. An invalid notice will need to be re-served, restarting the notice period from scratch.