Key Takeaways
- Since Section 21 was abolished on 1 May 2026, every possession claim in England must rely on a Section 8 ground.
- Grounds are either mandatory, where the court must grant possession if the ground is proved, or discretionary, where it must also be reasonable.
- New and expanded grounds let you recover a property to sell (Ground 1A) or to move in (Ground 1), each needing four months’ notice, while the rent arrears threshold has risen to three months.
- For most grounds the court will refuse possession unless the deposit is protected, so compliance and grounds go hand in hand.
With Section 21 gone, getting your property back is no longer a matter of simply giving notice. Every possession claim now has to stand on a Section 8 ground, and you have to be able to prove it.
Section 8 has always existed, but it was the lesser-used route while no-fault eviction was still available. Since 1 May 2026 it is the only route, and the Renters’ Rights Act added new grounds and tightened existing ones.
Keep reading for a clear rundown of the main Section 8 grounds, how mandatory and discretionary grounds differ, the notice periods that apply and what changed under the Act. Knowing which ground fits before you serve notice helps you avoid a failed claim and months of wasted time.
And if you need to recover a property, our landlord and tenant solicitors offer a free 30-minute consultation to help you choose the right ground and get the process right.
Why Section 8 matters more than ever
Section 21 let landlords end a tenancy without giving a reason. That ended on 1 May 2026, as we explain in our guide on evicting a tenant after Section 21 is abolished. Possession now runs entirely through Section 8, which is a very different beast.
Unlike Section 21, a Section 8 claim can be contested on its merits, so the ground you choose and the evidence behind it really matter. The mechanics of serving the notice are covered in our guide to the Section 8 notice. Here, the focus is on the grounds themselves.
One transitional point is worth noting. A Section 8 notice served on the old grounds before 1 May 2026 can still be used for a short window, broadly within 12 months of serving it or three months of the commencement date, whichever comes first. After that, you need a fresh notice under the current rules.
Mandatory grounds: when the court must grant possession
If you prove a mandatory ground, the court must order possession, and the tenant cannot defeat the claim by arguing it would be unfair. The grounds sit in Schedule 2 to the Housing Act 1988, and the ones landlords use most are these:
- Ground 1: you, or a close family member, now including your children, intend to live in the property. Four months’ notice, and it cannot be used in the first 12 months of the tenancy.
- Ground 1A, new under the Act: you intend to sell the property. Again four months’ notice and not in the first 12 months. After using Ground 1 or 1A you cannot re-let or re-market the property for 12 months.
- Ground 8: rent arrears. The threshold has risen to three months’ arrears, which must exist both when you serve notice and at the hearing, with four weeks’ notice.
- Ground 8A, also new: persistent arrears, where the tenant has reached at least three months’ arrears on three separate occasions within three years.
- Ground 7A: serious anti-social behaviour or certain criminal convictions, which carries little or no notice.
Other mandatory grounds carry over from before, such as where the property is subject to a mortgage repossession, but the grounds above are the ones most landlords will reach for.
Discretionary grounds: when the court decides what’s reasonable
With a discretionary ground, proving the facts is not enough. The court also weighs up whether granting possession is reasonable in all the circumstances, which makes the outcome less predictable. The main discretionary grounds are:
- Ground 10: rent arrears that fall below the mandatory three-month threshold.
- Ground 11: persistent late payment of rent, even where little is owed by the time of the hearing.
- Ground 12: breach of a term of the tenancy agreement.
- Ground 14: nuisance or anti-social behaviour affecting neighbours, which can be relied on immediately with no notice period.
Because the court has a choice on these grounds, a clear paper trail makes all the difference. Dated records, correspondence and evidence of the impact on others are what persuade a judge that possession is reasonable.
How much notice do you have to give?
Notice periods now depend entirely on the ground. They range from none at all for the serious anti-social behaviour grounds, to four weeks for the rent arrears grounds, to four months for selling, moving in and the other major grounds. Get the period wrong and the notice is invalid, so check it carefully against our guide to how much notice a landlord must give.
There is also a new protected period to keep in mind. Grounds 1 and 1A cannot be used at all during the first 12 months of a tenancy, so a recently let property cannot be recovered to sell or move into until that year has passed.
Compliance traps that can sink a claim
A strong ground is not enough on its own. For most grounds, with the serious anti-social behaviour ground and Ground 14 being the main exceptions, the court will refuse possession unless you protected the deposit and gave the prescribed information on time. Compliance and possession are now tied together.
A further requirement is coming. Once the new landlord database launches, expected from late 2026, registration on it will also become a condition of recovering possession under most grounds. The notice itself must be on the correct prescribed form and cite the right grounds and dates, and these duties sit within the wider landlord obligations introduced by the Act.
How the possession process works
The shape of the process is straightforward. You serve a valid Section 8 notice setting out the ground or grounds you are relying on and the correct notice period. When that expires, if the tenant has not left, you apply to court for a possession order. You can rely on more than one ground at the same time, which is often sensible.
At the hearing, a mandatory ground that is made out obliges the court to grant possession, while a discretionary ground leaves it to weigh reasonableness. Because these claims can be defended, contested hearings are more common than they were under Section 21, so having your documentation in order from the outset is now essential rather than optional.
Speak to a landlord and tenant solicitor about a Section 8 possession claim
Choosing the right Section 8 ground, serving a valid notice and getting your evidence in order are now the difference between recovering your property and losing months to a failed claim. With no-fault eviction gone, there is far less room for error.
At Osbourne Pinner, our landlord and tenant solicitors advise landlords on which grounds apply, draft and serve Section 8 notices, and represent them at possession hearings. We will help you build the strongest possible claim from the outset.
Please note that this article is for informational purposes only and does not constitute legal advice. We always recommend speaking to a qualified solicitor for advice tailored to your specific circumstances.
We offer a free 30-minute consultation to discuss your situation. You can speak with us via video call or visit our offices in Harrow, Canary Wharf, Piccadilly Circus or Manchester. To arrange your consultation, call 0203 983 5080, email [email protected] or complete the form below.
