Last updated: February 2026
If you need to evict a tenant, you’ll need to understand Section 8 of the Housing Act 1988. Below you’ll find every ground for possession, notice periods, and the changes coming under the Renters’ Rights Act 2025.
From 1 May 2026, Section 21 “no-fault” evictions will be abolished. Section 8 will become the only route to regain possession of your property – making this guide essential reading for every landlord.
What is a Section 8 Notice?
A Section 8 notice is a formal document that tells your tenant you’re seeking possession of your property. Unlike Section 21, you must give a reason – known as a “ground for possession.”
The grounds are set out in Schedule 2 of the Housing Act 1988. Some are mandatory (the court must grant possession if you prove the ground exists) and some are discretionary (the court decides whether it’s reasonable to grant possession).
Mandatory vs Discretionary Grounds
Mandatory grounds – If you prove the ground applies, the court must grant you possession. The judge has no choice.
Discretionary grounds – Even if you prove the ground applies, the court will only grant possession if it considers it reasonable to do so. The judge weighs up your circumstances against the tenant’s.
Current Mandatory Grounds (Until 30 April 2026)
Ground 1 – Landlord or Family Moving In
You can use this ground if you previously lived in the property as your main home, or you require it for yourself or your spouse to live in.
Notice period: 2 months
Key requirement: You must have given written notice at the start of the tenancy that you might use this ground. However, the court can waive this if it’s just and equitable to do so.
Ground 2 – Mortgage Repossession
The property is subject to a mortgage granted before the tenancy began, and the lender requires possession to exercise their power of sale.
Notice period: 2 months
Ground 3 – Out of Season Holiday Let
The property was a holiday let within the 12 months before the tenancy started, and you require it for holiday letting again.
Notice period: 2 weeks
Note: This ground is being repealed from 1 May 2026.
Ground 4 – Student Accommodation
The property is student accommodation owned by a specified educational institution, and it’s needed for students again.
Notice period: 2 weeks
Ground 5 – Minister of Religion
The property is held for occupation by a minister of religion and is required for that purpose.
Notice period: 2 months
Ground 6 – Redevelopment
You intend to demolish, reconstruct, or carry out substantial works on the property, and this cannot reasonably be done with the tenant in occupation.
Notice period: 2 months
Key requirement: You must prove the works genuinely cannot be carried out while the tenant remains.
Ground 7 – Death of Tenant
The tenancy passed to someone through a will or intestacy following the previous tenant’s death.
Notice period: 2 months
Key requirement: Possession proceedings must begin within 12 months of the original tenant’s death.
Ground 7A – Serious Anti-Social Behaviour
The tenant, a member of their household, or a visitor has been convicted of a serious offence, breached an injunction, or breached a criminal behaviour order.
Notice period: Immediate (but court order cannot take effect for at least 14 days)
Ground 7B – Immigration (No Right to Rent)
At least one adult tenant has no right to rent in the UK, and the Home Office has served a notice confirming this.
Notice period: 2 weeks
Ground 8 – Serious Rent Arrears
The tenant owes at least 2 months’ rent (if rent is paid monthly) or 8 weeks’ rent (if paid weekly) at both the date of the notice AND the date of the court hearing.
Notice period: 2 weeks
Important: If the tenant reduces their arrears below the threshold before the hearing, you cannot use this ground. Consider also claiming under discretionary Ground 10 or 11 as a backup.
Current Discretionary Grounds (Until 30 April 2026)
Ground 9 – Suitable Alternative Accommodation
Suitable alternative accommodation is available for the tenant, or will be when the possession order takes effect.
Notice period: 2 months
Ground 10 – Any Rent Arrears
The tenant owes some rent at the date of the notice and at the date of the court hearing. There’s no minimum amount.
Notice period: 2 weeks
Ground 11 – Persistent Late Payment
The tenant has persistently delayed paying rent, even if no rent is currently owed.
Notice period: 2 weeks
Ground 12 – Breach of Tenancy Agreement
The tenant has broken any term of the tenancy agreement (other than payment of rent).
Notice period: 2 weeks
Ground 13 – Property Deterioration
The condition of the property has deteriorated due to the tenant’s acts or neglect, or that of any lodger or sub-tenant.
Notice period: 2 weeks
Ground 14 – Nuisance or Anti-Social Behaviour
The tenant, someone living with them, or a visitor has caused nuisance or annoyance to neighbours, or has been convicted of using the property for illegal or immoral purposes.
Notice period: Immediate
Ground 14A – Domestic Violence (Social Landlords Only)
The property was occupied by a couple, one partner has left due to domestic violence, and the landlord is a social landlord.
Notice period: 2 weeks
Ground 15 – Furniture Deterioration
The condition of furniture provided under the tenancy has deteriorated due to ill-treatment by the tenant or someone living with them.
Notice period: 2 weeks
Ground 16 – Former Employee
The tenancy was granted because of the tenant’s employment with the landlord, and that employment has ended.
Notice period: 2 months
Note: This is becoming a mandatory ground from 1 May 2026.
Ground 17 – False Statement
The tenancy was granted because of a false statement made by the tenant or someone acting on their behalf.
Notice period: 2 weeks
Changes from 1 May 2026 (Renters’ Rights Act)
The Renters’ Rights Act 2025 significantly changes the grounds for possession. Here are the key changes:
Abolished Grounds
- Ground 3 (out of season holiday let) – Repealed
New Mandatory Grounds
| Ground | Description | Notice |
|---|---|---|
| 1A | Landlord intends to sell the property | 4 months |
| 1B | Rent-to-buy social housing | 4 months |
| 2ZA-2ZD | Various superior lease scenarios | 4 months |
| 4A | Student HMO let at end of academic year | 4 months |
| 5A | Agricultural worker accommodation | 2 months |
| 5B-5H | Various social housing/supported accommodation grounds | 2-4 weeks |
| 6A | Enforcement action compliance | 4 months |
Key Changes to Existing Grounds
| Ground | Change | New Notice Period |
|---|---|---|
| 1 | Tenancy must exist 12+ months before notice expires | 4 months |
| 6 | Must be 6+ months after tenancy starts | 4 months |
| 7 | Proceedings must begin within 24 months (was 12) | 2 months |
| 8 | 3 months arrears (was 2), UC exemption added | 4 weeks |
| 16 | Becomes mandatory Ground 5C | 2 months |
Deposit Protection Requirement
From 1 May 2026, a court cannot grant possession under any ground (except Grounds 7A and 14 for anti-social behaviour) unless the deposit has been properly protected in a government-approved scheme.
How to Serve a Section 8 Notice
- Use the correct form – Form 3 for England (available from GOV.UK)
- State the grounds clearly – Quote the full text of each ground you’re relying on
- Give correct notice – The notice periods above are minimums
- Serve correctly – Deliver by hand, post to the property, or use an address specified in the tenancy agreement
- Keep proof – Record how and when you served the notice
- Wait for the notice to expire – You cannot apply to court before the notice period ends
- Apply to court – Use form N5B for accelerated procedure or N5 for standard procedure
When to Use Section 8 vs Section 21
Use Section 8 when:
- You have a specific reason (arrears, breach, moving in, selling)
- The tenancy is still in its fixed term
- You’ve not complied with all Section 21 requirements
Use Section 21 when (until 30 April 2026):
- You don’t want to give a reason
- The fixed term has ended or you’re in a periodic tenancy
- You’ve fully complied with deposit protection and prescribed information requirements
From 1 May 2026: Section 21 is abolished. Section 8 is your only option.
Tips for Landlords
- Use multiple grounds – If rent arrears, claim under Grounds 8, 10 AND 11. If arrears drop below 2 months before the hearing, Ground 8 fails but you still have 10 and 11.
- Document everything – Keep records of arrears, complaints, communications. You’ll need evidence in court.
- Protect your deposit – From May 2026, unprotected deposits block ALL possession claims (except anti-social behaviour).
- Consider the 12-month rule – New grounds 1 and 1A require the tenancy to have existed for 12 months before you can use them. Plan ahead.
- Get legal advice – Section 8 claims can be defended. A rejected application wastes time and money.
Frequently Asked Questions
How long does a Section 8 eviction take?
Typically 4-6 months from serving notice to bailiff enforcement, though this varies by court and whether the tenant defends.
Can a tenant challenge a Section 8 notice?
Yes. They can argue the notice is invalid, the ground doesn’t apply, or (for discretionary grounds) that it’s not reasonable to grant possession.
What if my tenant pays off arrears before the hearing?
For Ground 8 (mandatory), the arrears must exist at the hearing date. If they pay down below the threshold, Ground 8 fails. That’s why you should also claim under Grounds 10 and 11.
Do I need a solicitor?
Not legally required, but strongly recommended. Mistakes can invalidate your claim and cost you months.
This guide is for general information only and does not constitute legal advice. Laws change – verify current requirements before taking action.
