Last updated: 13 September 2026 | Applies to: private landlords in England. General information, not legal advice; use the current prescribed form and take advice on case-specific possession.
Since 1 May 2026, most private landlords in England who need possession must use a Section 8 ground. A notice does not itself end the tenancy or authorise an eviction: if the tenant does not leave, the landlord must apply to court and prove the ground relied on.
In this guide
Before serving a Section 8 notice
The Renters’ Rights Act 2025 ended new Section 21 notices for the private rented sector in England and moved most tenancies to the assured periodic system from 1 May 2026. Use the current prescribed notice and the current official guidance for the tenancy type and facts. Transitional rules may apply to notices served before that date.
Check the tenancy file before serving notice. For most possession grounds, the deposit-protection requirements need to have been dealt with before the court can make an order. The statutory exceptions include Grounds 7A and 14 for anti-social behaviour; check the current official guidance for the exact route. Some database-related restrictions will apply only when the Private Rented Sector Database requirement is commenced; the government’s rollout is separate from the May 2026 tenancy changes.
Key Section 8 grounds for many private landlords
- Ground 1 - occupation by landlord or family (mandatory): the landlord or a close family member needs to move in. It cannot require the tenant to leave during the first 12 months of a new tenancy.
- Ground 1A - sale (mandatory): the landlord intends to sell. It is also subject to the 12-month protected period and is not available for every historic assured tenancy.
- Ground 8 - rent arrears (mandatory): for monthly rent, at least three months’ arrears must be owed both when notice is served and at the hearing. Different thresholds apply to weekly or fortnightly rent; certain benefit arrears are treated differently.
- Grounds 10 and 11 - arrears or persistent delay (discretionary): the court decides whether possession is reasonable.
- Ground 12 - breach of tenancy (discretionary): for breach other than rent payment.
- Ground 14 - anti-social behaviour (discretionary) and Ground 7A - severe anti-social behaviour/criminal conduct (mandatory): these are fact-sensitive and need reliable evidence.
There are additional grounds, including for student HMOs and specific accommodation types. See the Section 8 grounds and evidence guide for a practical ground-by-ground reference. The government’s grounds for possession guidance for landlords and agents is the primary source and should be checked before service.
Notice periods landlords need to check
For the common grounds above, the official guidance states four months for Grounds 1 and 1A; four weeks for Grounds 8, 10 and 11; two weeks for Ground 12; and no notice period before proceedings for Grounds 7A and 14, although the court cannot make an order until at least 14 days after service for those immediate-proceedings grounds. These are not a substitute for checking the prescribed form, exact ground and current law.
Evidence and the court process
A Section 8 notice is the start of the process. If the tenant does not leave, apply to court after the applicable notice period. Prepare evidence that directly supports each ground: the written periodic tenancy agreement and any variations; complete rent account; notices and proof of service; communications; repair and complaint records where relevant; and, for sale or occupation grounds, evidence of the genuine intended use.
Mandatory means the court must make an order if the ground is proved; discretionary means it decides whether it is reasonable to do so. Do not change locks or remove a tenant without the legal process: unlawful eviction and harassment are serious offences.
Practical checklist
- Identify the tenancy type and the exact ground or grounds.
- Check deposit protection, any transitional rules and the current prescribed notice.
- Calculate the correct notice date.
- Serve correctly and retain proof of service.
- Keep a complete, dated evidence file for court.
- Take legal advice for complex cases, especially arrears, anti-social behaviour, disability or discrimination issues.
Related guides
Renters’ Rights Act guide | Rent increase rules | Tenancy deposit protection
Bottom line: Section 8 is now the usual possession route for private landlords in England. Get the ground, form, notice period and evidence right before starting court action.
