Section 8 Grounds: What’s New, What’s Changed, and What Evidence You Need
Until 1 May 2026, there were two main routes to evict tenants from a private rented property under the Housing Act 1988: a Section 8 notice (fault based grounds) or a Section 21 notice (no fault).
The Renters’ Rights Act 2025 abolished Section 21, effective from 1st May 2026. From that date, possession proceeds via revised Section 8 grounds only, with updated notice rules and strengthened enforcement by the new legislation.
This article provides an overview of Section 8, including the latest updates for 2026. Our property litigation team act nationally in claims and defences involving property- including landlord and tenant disputes. If you require advice or assistance don’t hesitate to contact our team and we will be happy to help.
The New Section 8 Process
Under Section 8 of the Housing Act 1988, a landlord may serve a notice outlining the breaches (grounds listed in the act and as amended in the Renters Rights Act 2025) and requiring the tenant to vacate the property based on those grounds.
The notice will have a notice period after which the notice will expire. On expiry of the notice period, the tenant has to vacate the property. On any failure to vacate, the landlord can apply to the court for possession The court can issue a possession order, allowing the landlord to evict the tenant from the property.
If the notice period is too short, any possession proceedings will fail.
The available grounds range from the landlord’s intention to live in the property themselves or sell it, through to all kinds of tenant breaches like rent arrears and anti-social behaviour.
Mandatory and Discretionary Grounds for Possession
Section 8 divides grounds for possession into two categories: mandatory and discretionary. These are set out in Schedule 2 of the Renters Rights Act 2025.
A mandatory ground is one in which the court must grant the order for possession, provided it is proven on the balance of probabilities. A discretionary ground allows the court to consider and make the final decision (exercise discretion) on whether to grant a possession order.
What Are the Section 8 Grounds for Possession?
Section 8 grounds for possession are broadly divided into landlord grounds and those where the tenant is at fault, possibly breaching their tenancy agreement.
Landlord Grounds
The landlord‑centred grounds will be revised from 1 May 2026. Ground 1 allows possession if the landlord or close family members needs to move into the property. A new Ground 1A allows possession for the landlord to sell, and Ground 2 allows any mortgage company to repossess. These grounds are mandatory, but not all landlord grounds are, as set out at Schedule 2 of the Renters Rights Act 2025. This is explored further below.
Tenant Fault Grounds
Tenant fault grounds include issues such as rent arrears, breaches of a tenancy agreement, and anti-social behaviour or crime.
They also cover scenarios where the property is deteriorating, the tenant has no right to occupy, or the tenant has passed away.
These grounds comprise a mix of mandatory and discretionary, explored further below.
What Are the Main Changes to Section 8 Under the Renters’ Rights Act?
The Renters Rights Act 2025 has expanded Section 8 grounds, to be implemented after 1 May 2026.
This has created mandatory and discretionary grounds, with varying notice periods.
Here are some of the most important changes.
The most common grounds and their notice period changes after 1 May 2026 are set out in the table below:
| Ground (Mandatory) | Summary | Notice Period |
| Ground 1 | Occupation by landlord of family | 4 months |
| Ground 1A | Sale of the property | 4 months |
| Ground 2 | Sale my mortgage company | 4 months |
| Ground 7A | Criminal behaviour | None – proceedings can be brought immediately |
| Ground 8 | Rent arrears at least 3 months | 4 weeks |
| Ground (Discretionary) | Summary | Notice Period |
| Ground 10 | Any rent arrears | 4 weeks |
| Ground 11 | Persistent rent arrears | 4 weeks |
| Ground 12 | Breach of Tenancy Agreement | 2 weeks |
| Ground 13 | The tenant has caused the property to deteriorate | 2 weeks |
| Ground 14 | Anti-social behaviour | None – proceedings can be brought immediately |
See the government guidance here – https://www.gov.uk/government/publications/guide-to-the-renters-rights-act/guide-to-the-renters-rights-act – for a full list of grounds after 1 May 2026.
Landlords Who Want To Move Back In
This is ground 1 and is already enshrined in Section 8 for a landlord, their spouse or civil partner. However, the legislation has changed the scope of this ground to extend beyond a landlord, their spouse or civil partner.
After 1 May 2026, this will now include a landlord’s close family members, meaning parents, grandparents, siblings, children, or grandchildren. A landlord will need to satisfy the court that their family member genuinely intends to occupy the property.
For joint landlords, it is enough that this applies to at least one of them. The landlord must be able to satisfy the court that there is a genuine intention to occupy.
The landlord can’t serve a section 8 notice relying on Ground 1 in the first year of the tenancy, and they won’t be able to re-let the property for another year if it fails to sell.
The notice period is also four months, and there are restrictions for a 12-month window on re-letting or re-marketing the property.
Landlords Who Want To Sell
After 1 May 2026, mandatory ground (1A) will allow landlords to evict tenants if they require possession to sell their property. However, there are restrictions.
The landlord will not be able to serve a section 8 notice relying on Ground 1A in the first year of the tenancy, and they won’t be able to re-let the property for another year if it fails to sell. The notice period is four months.
Landlords will need to provide evidence of a genuine intention to sell the property for this ground to succeed. The court must grant a possession order if the intent is substantively evidenced.
Persistent Rent Arrears
Currently, under mandatory Ground 8, the tenant must be in at least 2 months’ rent arrears to satisfy this ground. If payments are made to reduce the 2-month minimum during proceedings, they will fail.
After 1 May 2024, to rely on Ground 8, landlords must evidence at least 3 months’ rent arrears. In conjunction, they can rely on the discretionary Ground 10 (any rent arrears) and Ground 11 (persistent arrears). The notice period for Ground 8, 10 and 11 is 4 weeks.
Courts may consider payment history, reducing scope for tactical last‑minute repayments to defeat a claim, and the ground remains mandatory.
Anti-Social Behaviour and Criminal Conduct
Under the discretionary Ground 14 is for any nuisance/illegal use of the property and Ground 7A is for pre-proven, serious anti social behaviour. .
Proceedings can be issued immediately after service of a section 8 notice relying Ground 14 and after a 4-week notice for Ground 7A. This will remain implemented after 1 May 2026.
Breach of Tenancy Obligations
Under discretionary Ground 12, breaches include misuse of property (operating a business contrary to a lease) or unauthorised subletting/assignment.
The court will consider the nature and seriousness of the breach, any warnings, and current compliance.
After 1 May 2026 the notice period is two weeks.
How Do Section 8 Notices and the Court Process Work?
There is a set process a landlord must follow to evict a tenant under Section 8. Failure to comply with this will result in delays and potential issues with the tenant.
Evidence Form 3 and Serving a Valid Section 8 Notice
- First, a landlord must identify the ground for eviction. It’s vital to establish that there is enough supporting evidence. Legal advice may be necessary.
- The landlord completes Form 3, which is the notice seeking possession of a property and relying on grounds under Section 8 available on the government website (https://assets.publishing.service.gov.uk/media/6155e03d8fa8f5297b643e32/Form_3_1_Oct_2021.odt).
Before 1 May 2026, you should use the current notice periods. If the notice period is too short, any court proceedings will be struck out and you will need to re-serve the Section 8 notice.
- The landlord serves notice on the tenant following correct protocols. Errors in service can invalidate the notice even if it’s factually accurate and correctly executed. The landlord must have proof of service of notice by completing Form N215, available on the government website.
- A landlord must include evidence to support the chosen ground for eviction.
- A landlord must monitor the notice period. If the tenant doesn’t leave at the end of the notice period or challenges the Section 8 notice, a court hearing will determine the outcome.
How Can Landlords Prepare for the Section 8 Changes?
Key Checklists to Stay Compliant Throughout the Tenancy
- Landlords should undertake a comprehensive review of their letting arrangements in conjunction with the new Renters’ Rights Act 2025 to ensure they understand the changes and remain compliant.
- Check compliance with all aspects of documentation, such as gas and electric safety certification and EPCs.
- Ensure meticulous record-keeping of all tenant communications, which may be required later as evidence of a reason to evict. A one-platform solution or app can make life easier.
When to Seek Expert Legal Advice on Section 8 Strategy and Disputes
It’s never too early to seek legal advice on Section 8 notices, or as a landlord when needing to consider what is required to regain possession of your property. With the changes in the law scheduled for next year, it’s advisable to review a potential eviction with a legal expert before starting the process to ensure compliance under the new regulations.
Frequently Asked Questions
Can I Start a Section 8 Claim if My Tenant Is on Universal Credit?
Yes, currently, a landlord can pursue a Section 8 claim for eviction due to rent arrears, even if the tenant is claiming Universal Credit. A tenant can apply for a discretionary housing payment to help with rent, but can’t use delays in benefits payments as a defence.
After 1 May 2026, the court may consider delay in benefit payments further, but persistent delay in rent repayment is satisfactory under mandatory Ground 8.
What Happens if a Tenant Clears Serious Rent Arrears Before the Court Hearing?
A tenant could avoid an eviction notice if they cleared their rent arrears before the date of the court hearing. The Renters’ Rights Act has closed this loophole. After 1 May 2026,even if the arrears are temporarily at zero, the court can consider the tenant’s payment history to inform its decision.
Can Joint Landlords or Corporate Landlords Use the New Section 8 Grounds?
After 1 May 2026, the revised Section 8 is the only way to secure possession of a property, and all landlords, including joint and corporate landlords, must adhere to this legal route. The same requirements apply to all. Landlords must follow the process, select the correct grounds, and provide evidence to support them.
Section 8 Reforms Reshape Landlord Obligations
Landlords need to understand the widened remit of Section 8 under the new Act which will come into effect after 1 May 2026; a landlord’s ability to regain possession is fundamental to the management of any tenancy.
Section 8 is just one of the many changes that this new legislation brings in for 2026 and beyond. There are implications across all aspects of the landlord-tenant relationship.
Our experienced property litigation team at Helix Law are ready to help. We have decades experience litigating hundreds of claims for landlords, as well as broader disputes that can arise from time to time. Our team can assist with Section 8 evictions and conduct thorough reviews of tenancy agreements and the rental process to ensure landlords are compliant with relevant regulations. We’d love to assist you.
