Section 8 Notices for Landlords: What Are the Grounds for Possession?

Key Takeaways

• A Section 8 Notice is now the principal route for private landlords in England to seek possession of an assured tenancy where the tenant does not leave voluntarily. The Renters’ Rights Act 2025 has changed the process and came into effect on 1 May 2026.
• Section 21 “no-fault” notices have been abolished for the private rented sector.
• The Section 8 regime remains in place, but the grounds have changed substantially. Some old grounds have been amended, new mandatory grounds have been introduced, some notice periods have been extended, and Ground 16 has effectively been replaced by new employment-related grounds.
• Our property litigation team are handling evictions across the country. If you have any queries or uncertainty, don’t hesitate to contact us and we will be happy to assist you.

What Is a Section 8 Eviction?

A Section 8 notice is a formal notice served by a landlord who intends to seek possession of an assured tenancy on one or more statutory grounds. The notice must identify the ground or grounds relied upon, give sufficient particulars, and give the tenant the correct notice period before court proceedings are started.

Under the Housing Act 1988, a Section 8 notice was the first step in terminating an assured tenancy on legal grounds, but there were many requirements and exceptions. 

It remains essential to follow the correct procedure. A landlord cannot lawfully evict a residential tenant simply by serving a notice. If notice is served and a tenant does not leave, the landlord will usually need to issue a possession claim and obtain a possession order from the county court. Evicting a tenant without following the correct legal process can expose a landlord to claims for unlawful eviction, damages, injunctions, and other consequences. Ultimately time and money can be wasted.

Section 8 grounds for possession fall under two categories: mandatory and discretionary. 

If you can prove a mandatory ground for possession, the Court will order your tenant to vacate. 

If you pursue eviction on discretionary grounds, the Court must decide the outcome.

Mandatory Grounds for Possession

Here is a summary of the mandatory grounds for possession set out in Schedule 2 of the Housing Act 1988, and as amended and expanded by the Renters Rights Act 2025.

If you can prove a mandatory ground of possession before the Court, your tenant will be forced to vacate. It is usually sensible to ensure that at least one mandatory ground is applicable. In this way, the court has no discretion and must order possession in your favour if a claim is later needed.

Ground 1 — Owner Occupancy or family

Ground 1 applies where the landlord or a close family member requires the property as their only or principal home. The amended ground cannot be used during the first 12 months of a new tenancy. 

There is no requirement for you or the family member to have previously occupied the property.

Minimum Notice Period – Four months

Ground 1A – sale of the property

Ground 1A is a new mandatory ground where the landlord intends to sell the property. It cannot be used during the first 12 months of a new tenancy. The notice period is four months.

This is one of the most important new grounds for private landlords. It is intended to replace, in part, the practical role that Section 21 previously played where a landlord genuinely wished to sell.

Minimum notice period – Four months

Ground 1B – sale under rent-to-buy

Ground 1B applies where a private registered provider of social housing has granted a rent-to-buy tenancy and intends to dispose of the property in the way specified by the ground. The notice period is four months.

This ground is specialist and will not usually apply to ordinary private landlords.

Minimum notice period – Four months

Ground 2 – Sale by Mortgage Lender

If you have a mortgage predating the assured tenancy and your lender repossesses the property, the lender may use Ground 2 to terminate the tenancy if it requires vacant possession to exercise a power of sale. 

Minimum notice period – Four months

Ground 2ZA, 2ZB, 2ZC and 2ZD – superior lease cases

These new mandatory grounds deal with situations where the landlord’s own lease, or an intermediate lease, is ending or has ended. They are technical grounds designed to deal with superior lease and reversion situations.

These grounds are unlikely to be routine for small private landlords but may be important for leasehold landlords.

Minimum notice period – Each is four months

Ground 4 – Student Accomodation

Ground 4 applies to certain student accommodation. The property must have been let to students in the 12 months before the tenancy began, and the ground can only be used by specified educational establishments.

Minimum notice period – Two weeks

Ground 4A – student HMOs required for new students

Ground 4A is a new mandatory ground for certain houses in multiple occupation let to full-time students where the property is required for a new group of students in line with the academic year. It cannot be used where the tenancy was agreed more than six months before it began, and prior notice requirements apply. 

Minimum notice period – Four months

Ground 5 – Property Owned By Ministers of Religion

Ground 5 applies where the property is held for use by a minister of religion to perform the duties of their office and is required for occupation by a minister of religion.

Minimum notice period – Two months

Ground 5A – agricultural worker

Ground 5A applies where the landlord requires possession to house an agricultural worker, whether employed or self-employed.

Minimum notice period – Two months

Ground 5B – employment requirements

Where a private registered provider of social housing holds the property for tenants meeting employment-related requirements, and the property is required for that purpose because the current tenant does not fulfil those requirements.

Minimum notice period – Two months

Ground 5C – end of employment by the landlord

Where the dwelling was let as a result of the tenant’s employment by the landlord and that employment has ended, or where the tenancy was not intended to last for the duration of the employment and the dwelling is required for a new employee. It also covers certain police accommodation situations.

Minimum notice period – Two months

Ground 5D – end of employment requirements

Ground 5D applies where a private registered provider of social housing included an employment requirement in the tenancy agreement and the tenant no longer fulfils that requirement.

Minimum notice period – Two months

Ground 5E – Occupation as supported accommodation

Ground 5E applies where the property is held for use as supported accommodation, is now required for that purpose, and the current tenant did not enter the tenancy for the purpose of receiving care, support or supervision.

Minimum notice period – Four weeks

Ground 5F – supported accommodation no longer suitable or viable

Ground 5F applies where the tenancy was granted for supported accommodation and one of the statutory circumstances is satisfied, making the accommodation no longer needed, viable or suitable for that purpose or for that tenant.

Minimum notice period – Four weeks

Ground 5G – tenancy granted for homelessness duty

Ground 5G applies where the property has been used as temporary accommodation for a homeless household under section 193 of the Housing Act 1996 and the local housing authority has notified the landlord that the tenancy is no longer required for that purpose.

Minimum notice period – Four weeks

Ground 5H – Stepping stone accommodation

Certain “stepping stone” accommodation let by a registered provider of social housing or a charity at affordable rent to help eligible tenants transition towards independent living or the private rented sector. It may apply where the tenant no longer meets the eligibility criteria or where a limited period has come to an end.

Minimum notice period – Two months

Ground 6 – Property Redevelopment

If your property is scheduled for redevelopment or demolition, Ground 6 could allow you to recover possession if the works are sufficiently substantial that it’s unreasonable for the tenant to remain in residence.

Minimum notice period – Four months

Ground 6A – Decant accomodation

Where a tenant has been provided with alternative accommodation by a relevant social landlord while redevelopment works affecting the tenant’s original home are carried out.

Minimum notice period – Four months

Ground 6B – Compliance with enforcement action

Ground 6B applies where the landlord is subject to enforcement action and needs to regain possession in order to comply. The court may require the landlord to pay compensation to the tenant when making a possession order.

Minimum notice period – Four months

Ground 7 – Death of Tenant

If your tenant passes away, you can use Ground 7 to claim possession as long as you start proceedings within one year of the tenant’s death. 

However, Ground 7 cannot be used to evict a surviving joint tenant, such as a civil partner or spouse.

Minimum notice period – Two months

Ground 7A – Severe anti-Social Behaviour or criminal behaviour

Ground 7A applies where serious anti-social behaviour or criminal behaviour has already been established in the ways specified by the ground, such as certain convictions, breach of a relevant injunction, or a closure order prohibiting access for a continuous period of more than 48 hours. Proceedings can be started immediately.

Ground 7B – No Legal ‘Right to Rent’

Ground 7B applies where at least one tenant has no right to rent under immigration law and the Secretary of State has given notice to the landlord.

This ground should be handled carefully. Right to rent compliance is technical, and landlords must avoid discriminatory assumptions or practices when carrying out checks. If you fail to verify tenants’ right to rent, you could face serious consequences, including substantial fines or up to five years in prison. 

Minimum notice period – Two weeks

Ground 8 – Serious Rent Arrears

Ground 8 applies where the tenant has at least three months’ rent arrears, or 13 weeks’ arrears if rent is payable weekly or fortnightly, both when the notice is served and at the possession hearing.

Landlords should also continue to consider potential set-off arguments, disrepair counterclaims, deposit issues, benefits timing issues, and any other matters that may reduce the arrears below the mandatory threshold.

Minimum notice period – Four weeks

Discretionary Grounds for Possession

Ground 9 – Offer of Suitable Alternative Accommodation

If you can offer your tenant suitable alternative accommodation, you can seek possession under Ground 9. 

The new property must be comparable to the existing one. 

For instance, if the current rental is furnished or has a garden, the alternative property must offer similar amenities.

Tenants frequently challenge this discretionary ground for possession by claiming the alternative rental isn’t equivalent or suitable to their needs. 

If the tenant isn’t happy with the alternative property you offer, the Court will determine its suitability and whether it’s reasonable for eviction to proceed.

Minimum notice period – Two months

Ground 10 – Any Rent Arrears

If your tenant is in arrears when you issue the Section 8 notice and refuses to vacate, you may be able to evict them using Ground 10 if it remains unpaid when you take the renters to court.

Unlike Ground 8, there is no three-month minimum arrears threshold. However, because Ground 10 is discretionary, the court will consider whether it is reasonable to make a possession order.

If the property has fallen into disrepair, be aware that tenants can make a counterclaim for a ‘set-off’ for all or part of the arrears. 

If you’re a social landlord, specific procedures should be followed before you issue a Section 8. 

Minimum notice period – Four weeks

Ground 11 – Persistently Late Rent Payments

You can use Ground 11 if your tenant is persistently late paying rent and you’ve kept a history of delayed payments. 

There may be outstanding rent arrears, but that’s not a prerequisite for you to claim Ground 11 in Court.

If applicable, the Court will consider factors beyond your tenant’s control that have delayed the rent payments. For example:

• Delays in housing benefits payments
• Disability
• Age

You cannot issue a Section 8 notice for Ground 10 or 11 if your tenant has a temporary debt moratorium or ‘breathing space’.

Minimum notice period – Four weeks

Ground 12 – Breach of Tenancy Agreement (Unrelated to Rent)

Ground 12 covers any breach of the tenancy agreement unrelated to rent.

Examples may include unauthorised subletting, keeping pets in breach of a lawful tenancy term, or other breaches of covenant. The landlord must still prove the breach and persuade the court that possession is reasonable.

Minimum notice period – Two weeks

Ground 13 — Property Deterioration Due to Action or Neglect

Ground 13 covers damage deterioration to the property or any communal areas caused by tenants’ actions or neglect. It can also apply to a renter’s family members, visitors, lodgers, and sub-tenants.

Minimum notice period – Two weeks

Ground 14 – Anti-social behaviour, Nuisance, Annoyance, Illegal or Immoral Use

Ground 14 applies where the tenant, or a person living in or visiting the property, has caused or is likely to cause nuisance or annoyance to the landlord, a person employed in connection with housing management functions, or anyone living in, visiting or otherwise in the locality. It also covers convictions for using the premises for illegal or immoral purposes and convictions for indictable offences committed in the locality.

Proceedings can be started immediately. The court must still decide whether it is reasonable to make a possession order.

The court must also consider specific factors in anti-social behaviour cases, including the impact of the behaviour and whether the tenant has engaged with attempts by the landlord to resolve it. Evidence of warnings, complaints, incident logs, police involvement, neighbour statements and attempts to resolve the conduct may therefore be important.

Ground 14A – Domestic Violence

Ground 14A is only applicable if you’re a registered social housing provider.

If so, and you rent to a same-sex or opposite-sex married or cohabiting couple, or a couple in a civil partnership, and one relationship member leaves due to threats or domestic violence, you can apply for possession under Ground 14A.

Minimum notice period – Two weeks

Ground 14ZA – Riot Offence

If your tenant or other adult living at the property has been convicted of an indictable offence which took place at a  riot in the UK, you can apply under Ground 14ZA. 

Note that Ground 14ZA does not apply to summary offences or acts that took place prior to May 14, 2014.

Minimum notice period – Two weeks

Ground 15 – Damage to Furniture 

If your property was rented as furnished, Ground 15 may be grounds for possession if the tenants damage your furniture or cause it to deteriorate outside of reasonable wear and tear.

Minimum notice period – Two weeks

Ground 17 – False Statements

Introduced by the Housing Act 1996,  Ground 17 covers cases where you granted the tenancy based on a renter’s false statement or a false statement made by someone acting on their behalf.

Minimum notice period – Two weeks

Ground 18 – Supported accommodation

Ground 18 is a new discretionary ground for supported accommodation where the tenant unreasonably refuses to engage with support.

Minimum notice period – Four weeks

Notice Periods for Assured Tenancy Grounds for Possession 

GROUND	DESCRIPTION	NOTICE PERIOD
Ground 1	Occupation by landlord or family	4 months
Ground 1A	Sale of dwelling-house	4 months
Ground 1B	Sale under Rent to Buy (PRPs only)	4 months
Ground 2	Sale by mortgagee	4 months
Ground 2ZA	Possession when superior lease ends	4 months
Ground 2ZB	Possession when fixed term superior lease ends	4 months
Ground 2ZC	Possession by superior landlord	4 months
Ground 2ZD	Possession by superior landlord (fixed term)	4 months
Ground 4	Student accommodation	2 weeks
Ground 4A	Properties rented to students for occupation by new students	4 months
Ground 5	Ministers of religion	2 months
Ground 5A	Occupation by agricultural worker	2 months
Ground 5B	Occupation by person who meets employment requirements (PRPs only)	2 months
Ground 5C	End of employment by landlord	2 months
Ground 5D	End of employment requirements (PRPs only)	2 months
Ground 5E	Occupation as supported accommodation	4 weeks
Ground 5F	Dwelling-house occupied as supported accommodation	4 weeks
Ground 5G	Tenancy granted for homelessness duty	4 weeks
Ground 5H	Occupation as stepping stone accommodation	2 months
Ground 6	Redevelopment	4 months
Ground 6A	Decant accommodation (social landlords only)	4 months
Ground 6B	Compliance with enforcement action	4 months
Ground 7	Death of tenant	2 months
Ground 7A	Severe anti-social or criminal behaviour	No notice period — immediate application to court (but court cannot order possession for 14 days)
Ground 7B	No right to rent	2 weeks
Ground 8	Rent arrears (at least 3 months’ or 13 weeks’ rent)	4 weeks

GROUND	DESCRIPTION	NOTICE PERIOD
Ground 9	Suitable alternative accommodation	2 months
Ground 10	Any rent arrears	4 weeks
Ground 11	Persistent arrears	4 weeks
Ground 12	Breach of tenancy	2 weeks
Ground 13	Deterioration of property	2 weeks
Ground 14	Anti-social behaviour	No notice period — immediate application to court (but court cannot order possession for 14 days)
Ground 14A	Domestic abuse (social landlords only)	2 weeks
Ground 14ZA	Rioting	2 weeks
Ground 15	Deterioration of furniture	2 weeks
Ground 17	False statement	2 weeks
Ground 18	Supported accommodation	4 weeks

How Long Does a Section 8 Eviction Take?

The first step is to serve a valid Section 8 notice using the correct prescribed form and giving the correct notice period for each ground relied upon. If more than one ground is used, landlords should take care to ensure the notice period is adequate for each ground and that the particulars are clear.

Once you’ve served a Section 8 notice citing one or more grounds for possession as outlined above, you must wait for the required notice period to elapse. 

How long it takes to evict after that depends on whether the tenant disputes the notice, fails to respond or otherwise refuses to leave.

If you wish to pursue the eviction on mandatory or discretionary grounds, the next step is to file a claim for possession with the appropriate Court. 

It’s essential to have evidence to support your grounds for possession and that you followed the correct procedures. Otherwise, the court may reject your claim for that reason alone.

Many landlords elect to obtain legal advice before ever drafting or serving a Section 8 notice to ensure compliance. 

This approach prevents wasting time and money due to procedural errors or a misunderstanding of the law and ultimately saves time. If you take the initial steps in error, your tenant can seek to reclaim their legal costs.   

Errors and omissions in a Section 8 Notice will cause delays, and if you issue proceedings relying on that notice, the Court may reject the Notice, meaning you have to start all over again. 

In the meantime, rent arrears might continue to accrue, and unless you have a guarantor, your prospect of recovering rent arrears may be low the higher the overall arrears. 

If you carry a mortgage, your obligations to pay the lender in a timely fashion remain regardless.

Once you apply for the possession order, you must await a hearing before the Court. Scheduling time varies based on the property’s location and the capacity of the relevant Court. 

Wait times for a hearing vary widely between different local county courts. On average, a hearing is now often taking three to four months.

Sometimes, tenants will leave of their own accord if faced with an Order of Possession. At that stage, it may not be necessary to take matters further. 

However, landlords should also be aware that obtaining a possession order is not always the final step. If the tenant does not leave by the date ordered by the court, the landlord will usually need to apply for a warrant or writ of possession. Landlords should not attempt to remove the tenant themselves. In this event, your next steps will include instructing a court bailiff to regain possession. 

Wait times for this can vary depending on the local court. At present, an 8-12 week wait is not unusual. 

The additional delay of waiting for a bailiff can be frustrating. However, it is essential to follow the correct procedure to avoid the risk of a tenant’s claim against you for unlawful eviction damages and other claims such as trespass to goods.

In some instances, your tenant may apply to the court to stop the bailiffs from taking possession or to delay eviction further. However, they cannot halt the process for rent arrears under Ground 8.  

Generally speaking, the average timeframe for an undefended Section 8 eviction is approximately three months if:

• There are no errors in the notice
• The notice is served correctly
• The tenant filed no defence

Need Advice? Contact Helix Law.

Issuing a claim for possession is a serious step. 

Taking expert legal advice before you serve a Section 8 Notice can speed up the eviction process by ensuring your approach at every stage is valid and correct. 

If you’re taking the time and incurring costs by pursuing eviction, you will understandably want an outcome that positions you well to achieve your commercial aims regarding the property. 

A prescribed pre-action protocol states that landlords must take reasonable steps to ensure a tenant understands the eviction process and that court action is a last resort. 

As litigation experts in these types of claims, but with our team also deeply involved in more complex litigation and broader disputes, we’re well positioned to help you deal with issues such as technical challenges or defences if/when raised by tenants. 

If issuing a Section 8 Notice is the best option for meeting your objectives, taking expert legal advice helps avoid costly errors and ensures a smooth and speedy eviction process.

Our expert property litigation team advise landlords, letting agents and investors on many types of property and tenant-related disputes. 

We look at your situation in the round and advise you of your best options to achieve your aims. 

Contact Helix Law today. We aim to respond to all queries within an hour.