Section 8 Possession Grounds Explained: Every Ground a Landlord Can Use in England

How Possession Works After Section 21

With Section 21 abolished, every possession claim in the private rented sector must go through Section 8 and rely on one or more statutory grounds set out in Schedule 2 of the Housing Act 1988, as amended by the Renters' Rights Act 2025.

The grounds split into two categories. Mandatory grounds require the court to grant possession if the landlord proves the statutory threshold is met — the judge has no discretion. Discretionary grounds let the court weigh whether granting possession is reasonable in the circumstances, even if the ground is technically made out.

All notices must now use Form 3A.

Mandatory Grounds

These are the grounds where the court must order possession if the landlord meets the requirements:

Ground 1 — Landlord or Family Moving In. The landlord, their spouse or civil partner, a person living with them as a partner, one of the landlord's parents, grandparents, siblings, children or grandchildren, or a partner's child or grandchild intends to occupy the property as their only or principal home. Notice period: 4 calendar months. A notice can be served during the first 12 months of the tenancy but cannot expire before that period ends. The restricted period against re-letting or marketing begins when the notice is served and ends 12 months after the earliest date in it for possession proceedings to begin; breaching the ban can be a criminal offence carrying penalties up to £40,000 and rent repayment orders up to 24 months, subject to narrow statutory exceptions.

Ground 1A — Selling the Property. The landlord intends to sell a freehold or leasehold interest in the dwelling-house or grant a lease for a term of more than 21 years. Same 4-month notice period and 12-month protected period; the notice can be served during the first year but cannot expire before it ends. The same restricted period against re-letting or marketing applies.

Ground 4A — Student HMO Turnover. Allows landlords of student HMOs to recover possession for the next academic intake. At the start of the tenancy, each tenant must be a full-time student or the landlord must reasonably believe they will become one during the tenancy; the landlord must also have given prior written notice of intention to use this ground before the agreement was signed. Notice period: 4 months. The notice must expire between 1 June and 30 September.

Ground 7A — Serious Anti-Social Behaviour. Applies to specified serious criminal or anti-social behaviour, including qualifying convictions, breaches of relevant court orders, or a closure order. No notice period is required; proceedings can begin immediately after notice, but the court cannot make a possession order for 14 days.

Ground 8 — Serious Rent Arrears. Arrears must equal at least 3 months' rent (or 13 weeks if paid weekly/fortnightly) at both the date of the notice and the date of the court hearing. Notice period: 4 weeks. If the tenant pays down the arrears below the threshold before the hearing, this ground falls away.

Discretionary Grounds

The court decides whether it is reasonable to grant possession:

Ground 9 — Suitable Alternative Accommodation. The landlord must prove that suitable alternative housing is available to the tenant. Notice period: 2 months.

Ground 10 — Minor Rent Arrears. Some rent is outstanding, but it does not meet the Ground 8 threshold. The court looks at payment history and the tenant's circumstances. Notice period: 4 weeks.

Ground 11 — Persistent Late Payment. Even if the tenant is not currently in arrears, a pattern of consistently late payments can support this ground. Notice period: 4 weeks.

Ground 12 — Breach of Tenancy Terms. The tenant has broken a material term of the tenancy agreement other than rent. The landlord must prove the specific breach. Notice period: 2 weeks.

Ground 14 — Nuisance or Illegal Conduct. The tenant or a person living at or visiting the property has caused nuisance, annoyance, or has been convicted of using the property for illegal purposes. Proceedings can begin immediately upon service.

Key Rules That Apply Across All Grounds

Form 3A is mandatory. Any Section 8 notice for a private rented sector tenancy served on or after 1 May 2026 must use Form 3A. Using the old Form 3 invalidates the notice.

12-month validity. Once you serve Form 3A, you must file your possession claim at the County Court within 12 months. Miss that window and the notice expires.

No accelerated procedure. Every possession claim requires a judicial hearing. You cannot bypass the hearing stage.

Information Sheet prerequisite. If you did not serve the statutory Information Sheet 2026 on your existing tenant, you may be barred from issuing valid notices until you do.

Which Ground Fits Your Situation?

The right ground depends on your circumstances. If you need to sell the property, Ground 1A is your route. If a tenant has stopped paying rent and owes three months or more, Ground 8 gives you a mandatory path. If you are dealing with a tenant who pays inconsistently but is technically not three months behind, Grounds 10 and 11 work together on the discretionary side.

Our Renters' Rights Act guide for landlords in England covers every ground with its notice period, evidence requirements, and worked examples — plus a possession grounds flowchart that helps you identify the right route for your specific situation.

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