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).
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 (spouse, civil partner, parent, child, or sibling) intends to occupy the property as their only or principal home. Cannot be used in the first 12 months of the tenancy. A landlord who obtains possession under this ground and then fails to move in, or re-lets within 12 months, can face enforcement action.
Ground 1A — Intention to sell (4 months’ notice)
New ground introduced by the RRA 2025. The landlord genuinely intends to sell the property. Cannot be used in the first 12 months of the tenancy. A 12-month restriction on re-letting applies once possession is obtained.
Ground 4A — Student tenancy, end of academic year (4 months’ notice)
Applies to properties let to full-time students. The landlord must have served a written notice at the start of the tenancy (separate to the Information Sheet) confirming they intend to rely on this ground. Without that notice, this ground cannot be used.
Ground 6 — Demolition or reconstruction (4 months’ notice)
The landlord intends to demolish or carry out substantial works that cannot reasonably be done with the tenant in occupation.
Ground 7A — Serious anti-social behaviour (Immediate notice)
A court has convicted the tenant (or a person living with or visiting the tenant) of a serious offence, or the tenant has been subject to an ASBO, injunction, or closure order. Notice can be served immediately; however, the court cannot grant a possession order until at least 14 days have passed from service.
Ground 7B — No right to rent (2 weeks’ notice)
The Home Office has notified the landlord that the tenant (or another adult occupier) does not have the legal right to rent in the UK. The landlord must act on the Home Office notification promptly.
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. Universal Credit delays must be disregarded by the court.
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 obtained the tenancy by making a false statement, whether made knowingly or recklessly.
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
- 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.