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Section 8 Grounds for Possession: A Landlord’s Guide
Understand mandatory and discretionary grounds, notice periods and the possession process in England from 1st May 2026.
The short answer
Since 1st May 2026, landlords seeking possession of most private assured tenancies must rely on a valid Section 8 ground rather than Section 21. Mandatory grounds require the court to grant possession when proved and all legal conditions are satisfied; discretionary grounds require the court to decide whether possession is reasonable. A notice is the start of a legal process, not an eviction order.
What is the difference between mandatory and discretionary grounds?
Mandatory: the court must make a possession order if the ground is established and the relevant legal requirements have been met. Discretionary: even where the ground is proved, the court decides whether it is reasonable to order possession.
Mandatory Section 8 grounds for possession
Select any ground below to read an explanation and its usual notice period. The list includes specialist grounds, some of which do not apply to ordinary private landlords.
Ground 1 – Landlord or family occupation 4 months
Landlord or qualifying family member intends to occupy the property as their home. The 12-month initial tenancy restriction applies. Check the precise statutory conditions and any advance-notice requirements before relying on this ground.
Ground 1A – Landlord intends to sell 4 months
Genuine intention to sell; the initial 12-month restriction applies. Special exclusions apply to certain pre-existing non-shorthold assured tenancies. Check the precise statutory conditions and any advance-notice requirements before relying on this ground.
Ground 1B – Rent to Buy sale 4 months
Specialist ground for qualifying registered providers and Rent to Buy arrangements. Check the precise statutory conditions and any advance-notice requirements before relying on this ground.
Ground 2 – Mortgage lender sale 4 months
A mortgage lender seeks possession to sell following relevant mortgage default. Check the precise statutory conditions and any advance-notice requirements before relying on this ground.
Ground 2ZA – Superior lease ending 4 months
Specialist ground for certain landlords where a superior lease is due to end. Check the precise statutory conditions and any advance-notice requirements before relying on this ground.
Ground 2ZB – Long fixed-term superior lease ending 4 months
Applies where the qualifying superior lease was granted for a fixed term exceeding 21 years. Check the precise statutory conditions and any advance-notice requirements before relying on this ground.
Ground 2ZC – Superior landlord possession 4 months
Specialist circumstances after a superior lease ends. Check the precise statutory conditions and any advance-notice requirements before relying on this ground.
Ground 2ZD – Superior landlord: long fixed term 4 months
Specialist ground following expiry of a qualifying long fixed-term superior lease. Check the precise statutory conditions and any advance-notice requirements before relying on this ground.
Ground 4 – Student accommodation 2 weeks
Qualifying educational institution accommodation required for students. Check the precise statutory conditions and any advance-notice requirements before relying on this ground.
Ground 4A – Student HMO for new academic year 4 months
Qualifying student HMO needed for new students, subject to timing and advance-notice requirements. Check the precise statutory conditions and any advance-notice requirements before relying on this ground.
Ground 5 – Minister of religion 2 months
Accommodation required again for a minister of religion. Check the precise statutory conditions and any advance-notice requirements before relying on this ground.
Ground 5A – Agricultural worker 2 months
Accommodation required for a qualifying agricultural worker. Check the precise statutory conditions and any advance-notice requirements before relying on this ground.
Ground 5B – Employment eligibility 2 months
Specialist ground for private registered providers. Check the precise statutory conditions and any advance-notice requirements before relying on this ground.
Ground 5C – Employment-linked accommodation 2 months
Qualifying accommodation connected to employment or its cessation; prior-notice rules may apply. Check the precise statutory conditions and any advance-notice requirements before relying on this ground.
Ground 5D – Employment requirements 2 months
Specialist registered-provider ground; commencement differs for relevant social housing. Check the precise statutory conditions and any advance-notice requirements before relying on this ground.
Ground 5E – Supported accommodation use 4 weeks
Property required again for qualifying supported accommodation. Check the precise statutory conditions and any advance-notice requirements before relying on this ground.
Ground 5F – Supported accommodation needs 4 weeks
Qualifying supported accommodation where support ends or accommodation ceases to be suitable. Check the precise statutory conditions and any advance-notice requirements before relying on this ground.
Ground 5G – Homelessness accommodation 4 weeks
Qualifying accommodation provided in connection with a homelessness duty is no longer required. Check the precise statutory conditions and any advance-notice requirements before relying on this ground.
Ground 5H – Stepping-stone accommodation 2 months
Specialist charity or registered-provider accommodation with eligibility conditions. Check the precise statutory conditions and any advance-notice requirements before relying on this ground.
Ground 6 – Redevelopment 4 months
Substantial redevelopment or demolition requiring possession, subject to statutory conditions. Check the precise statutory conditions and any advance-notice requirements before relying on this ground.
Ground 6A – Decant accommodation 4 months
Specialist ground for qualifying social landlords. Check the precise statutory conditions and any advance-notice requirements before relying on this ground.
Ground 6B – Enforcement action 4 months
Possession required in connection with qualifying enforcement action. Check the precise statutory conditions and any advance-notice requirements before relying on this ground.
Ground 7 – Death of tenant 2 months
Certain succession or inheritance situations, subject to statutory restrictions. Check the precise statutory conditions and any advance-notice requirements before relying on this ground.
Ground 7A – Serious antisocial or criminal behaviour No minimum notice period
Requires specified convictions, orders or other statutory triggers; proceedings can begin immediately when conditions are met. Check the precise statutory conditions and any advance-notice requirements before relying on this ground.
Ground 7B – No right to rent 2 weeks
Relevant Home Office notice concerning the right to rent. Check the precise statutory conditions and any advance-notice requirements before relying on this ground.
Ground 8 – Serious rent arrears 4 weeks
Normally at least three months’ rent for monthly payments or 13 weeks for weekly/fortnightly payments, both at service and hearing; qualifying unpaid benefit amounts are disregarded. Check the precise statutory conditions and any advance-notice requirements before relying on this ground.
Discretionary Section 8 grounds for possession
These grounds require evidence and a court assessment of reasonableness. More than one ground can be included where justified.
Ground 9 – Suitable alternative accommodation 2 months
Suitable alternative accommodation is available. Check the precise statutory conditions and any advance-notice requirements before relying on this ground.
Ground 10 – Some rent arrears 4 weeks
Some rent is unpaid at the relevant statutory time; no three-month threshold. Check the precise statutory conditions and any advance-notice requirements before relying on this ground.
Ground 11 – Persistent late rent 4 weeks
Repeated late payment, whether or not rent remains outstanding at hearing. Check the precise statutory conditions and any advance-notice requirements before relying on this ground.
Ground 12 – Breach of tenancy obligations 2 weeks
A breach of a tenancy obligation other than payment of rent. Check the precise statutory conditions and any advance-notice requirements before relying on this ground.
Ground 13 – Deterioration of property 2 weeks
Condition has deteriorated through relevant tenant or occupier conduct. Check the precise statutory conditions and any advance-notice requirements before relying on this ground.
Ground 14 – Antisocial behaviour No minimum notice period
Relevant nuisance, annoyance or criminal behaviour; proceedings may begin immediately. Check the precise statutory conditions and any advance-notice requirements before relying on this ground.
Ground 14A – Domestic abuse 2 weeks
Specialist ground for qualifying social landlords. Check the precise statutory conditions and any advance-notice requirements before relying on this ground.
Ground 14ZA – Riot-related conviction 2 weeks
Qualifying conviction for an offence connected with a riot. Check the precise statutory conditions and any advance-notice requirements before relying on this ground.
Ground 15 – Deterioration of furniture 2 weeks
Relevant deterioration of furniture provided with the tenancy. Check the precise statutory conditions and any advance-notice requirements before relying on this ground.
Ground 17 – False statement 2 weeks
Tenancy granted because of a relevant false statement made knowingly or recklessly. Check the precise statutory conditions and any advance-notice requirements before relying on this ground.
Ground 18 – Supported accommodation 4 weeks
Specialist ground concerning failure to cooperate with qualifying support. Check the precise statutory conditions and any advance-notice requirements before relying on this ground.
How do rent arrears grounds work?
Ground 8 is mandatory and normally requires at least three months’ rent unpaid for monthly tenancies (or 13 weeks for weekly or fortnightly rent) when the notice is served and at the hearing. Special statutory rules disregard certain unpaid benefit amounts. Ground 10 covers some unpaid rent and Ground 11 covers a history of persistently late payments; both are discretionary.
Maintain an accurate dated rent schedule and correspondence. A tenant reducing arrears below the Ground 8 threshold before the hearing can defeat that mandatory ground, although other properly pleaded grounds may remain relevant.
How does the Section 8 possession process work?
- Identify the ground: check the precise conditions, notice period and evidence required.
- Serve the correct notice: use the current Form 3A (or a form substantially to the same effect), explaining the grounds fully and giving the correct notice.
- Apply to court if necessary: if the tenant stays after the notice period, issue a possession claim. A rent-only claim may be suitable for Possession Claim Online; other claims generally use the paper process.
- Attend the hearing: present your evidence. The judge may grant, suspend, adjourn or dismiss the claim.
- Enforce lawfully: if a possession order is not obeyed, seek a warrant and authorised enforcement. Do not change locks or attempt to evict the tenant yourself.
See our Regaining Possession guide for a fuller explanation of the court process.
Important checks before serving notice
- Deposit compliance: for most grounds, deposit protection and prescribed-information requirements affect whether a possession order can be made; specific exceptions include Grounds 7A and 14.
- Prior notice: some specialist grounds require information to have been given before the tenancy began.
- Restrictions: Grounds 1 and 1A are subject to a 12-month initial tenancy restriction and additional conditions.
- Evidence: keep rent statements, inspection reports, correspondence, photographs and relevant witness evidence.
- Correct legal regime: the guidance primarily concerns private assured tenancies in England after 1st May 2026; transitional cases, excluded tenancies and certain social housing tenancies require separate checking.
Frequently asked questions
Can a landlord still use Section 21?
Section 21 was abolished for the relevant private assured tenancy regime from 1st May 2026. Transitional rules can matter for notices served earlier.
Does a Section 8 notice mean the tenant must leave immediately?
No. If the tenant does not leave, the landlord generally needs a possession order and, where necessary, lawful enforcement.
Can I use more than one ground?
Yes, provided each ground relied upon is properly supported and the notice complies with the applicable rules.
Can I use Ground 12 for unpaid rent?
No. Ground 12 concerns breaches of tenancy obligations other than rent payment. Rent arrears are generally dealt with under Grounds 8, 10 and 11.
Can I seek possession if the tenant refuses access?
Potentially, if refusal breaches a valid tenancy obligation, Ground 12 may be relevant. The court will consider the facts and, because this ground is discretionary, whether possession is reasonable.
What if the tenant pays off rent arrears before the hearing?
That may prevent reliance on mandatory Ground 8 if arrears fall below the required threshold. Grounds 10 or 11 may still be relevant, depending on the circumstances.
Need a helping hand?
Choosing the correct possession ground, preparing evidence and serving a compliant notice can be complicated. The Online Letting Agents can help you understand the options and next steps.
Official sources and further reading
- GOV.UK — Grounds for possession: guidance for landlords and letting agents
- GOV.UK — Repossessing your privately rented property after 1 May 2026
- GOV.UK — Assured tenancy forms (including Form 3A)
- Housing Act 1988 — Schedule 2: Grounds for possession
Last reviewed: 29 October 2026. Disclaimer: General guidance, not legal advice. Always check the exact statutory ground, applicable transitional rules and current government guidance before issuing a notice or commencing proceedings.