Section 8 Eviction Grounds —
Complete Landlord Guide 2026

Section 8 Overview

Section 8 of the Housing Act 1988 allows landlords to seek possession where a tenant has breached the terms of the tenancy or where specified circumstances arise. Unlike the old Section 21 no-fault route, Section 8 requires a ground — a legally specified reason — and most grounds require the landlord to demonstrate that the ground exists both at the time the notice is served and at the date of the court hearing.

With Section 21 abolished from 1 May 2026, Section 8 is now the only possession route for landlords in England. The Renters' Rights Act 2025 revised and expanded several grounds to make the Section 8 route more workable.

Mandatory Grounds — Court Must Grant Possession

Where a mandatory ground is proven, the court has no discretion — it must grant the possession order. Mandatory grounds include:

Ground 1 — Landlord or family wishes to move in

The landlord, or a close family member (spouse, civil partner, parent, child, or sibling) intends to occupy the property as their only or principal home. Notice period: 4 months. Cannot be used within the first 6 months of a tenancy. The landlord must genuinely intend to occupy — using this ground to remove a tenant without a genuine intention to move in is an offence.

Ground 1A — Landlord intends to sell (new 2025 ground)

The landlord intends to sell the property. Introduced by the Renters' Rights Act 2025 as a new mandatory ground. Notice period: 4 months. Cannot be used within the first 6 months of a tenancy. After using Ground 1A, the landlord cannot re-let the property within 12 months of the possession order.

Ground 6 — Redevelopment

The landlord intends to demolish or substantially reconstruct the property. Notice period: 4 months. Must be genuine — courts will scrutinise planning permissions and other evidence of intention.

Ground 7A — Antisocial behaviour (serious)

The tenant, a member of their household, or a visitor has been convicted of a serious offence, been found to have engaged in antisocial behaviour by a court order, or has been evicted from social housing for antisocial reasons. Notice period: 4 weeks in most cases, immediate in the most serious.

Ground 8 — Serious rent arrears

The tenant is at least 3 months in arrears at the date of the notice and at the date of the hearing. Notice period: 4 weeks. Both conditions must be met — if arrears drop below 3 months before the hearing, Ground 8 fails. Always include Grounds 10 and 11 in the same notice as a belt-and-braces approach.

Discretionary Grounds — Court May Grant Possession

For discretionary grounds, the court weighs up all the circumstances before deciding whether to grant possession. The court will consider the landlord's conduct, the tenant's circumstances, and whether granting possession is reasonable.

Ground 10 — Rent arrears (any amount)

The tenant is in arrears of rent at the date of notice and at the date of the hearing. Unlike Ground 8, there is no minimum threshold — any arrears amount qualifies. However, being discretionary means the court may consider whether the arrears are likely to be remedied. Notice period: 4 weeks.

Ground 11 — Persistent late payment

The tenant has persistently delayed paying rent, even if there are no arrears at the date of the hearing. This is useful where a tenant consistently pays late, reducing arrears just before hearings. The pattern of behaviour is the key evidence. Notice period: 4 weeks.

Ground 12 — Breach of tenancy obligation

The tenant has broken a term of the tenancy agreement other than rent payment — for example, subletting without permission, keeping pets contrary to the agreement, or using the property for business purposes. Notice period: 2 weeks.

Ground 13 — Deterioration of property

The condition of the property has deteriorated due to the tenant's waste, neglect, or default. Notice period: 2 weeks. Strong photographic evidence comparing condition at the start and during the tenancy is essential.

Ground 14 — Antisocial behaviour (general)

The tenant or someone living with or visiting them has caused or is likely to cause nuisance or annoyance to neighbours, visitors, or the landlord. Notice period: can be immediate in serious cases. Evidence from neighbours or documented complaints significantly strengthens this ground.

Compliance Requirements Before Serving

This is the element most commonly overlooked. Before serving a Section 8 notice, the following must be in order:

• Valid Gas Safety Certificate — served on the tenant
• Valid EICR — served on the tenant
• Valid EPC (rated E or above)
• Deposit protected in an approved scheme
• Deposit prescribed information served within 30 days
• How to Rent guide (current version) served at tenancy start
• Renters' Rights Act Information Sheet served (by 31 May 2026 for existing tenancies)

Under Section 8, courts are increasingly willing to adjourn or refuse possession where compliance gaps are identified. This is particularly significant for mandatory grounds — even Ground 8, which would otherwise be a straightforward rent arrears claim, can be complicated by a missing certificate.

Serving a Section 8 Notice

Section 8 notices must be served on Form 3, available from gov.uk. Ensure you use the current version — the form has been updated to reflect the new grounds framework. Complete all required fields accurately, including the grounds relied upon and the specific facts supporting each ground.

Service methods: hand delivery with acknowledgement, first-class post (deemed served two working days after posting), or email where the tenancy agreement confirms email as an acceptable service method. Keep proof of service.

Using Multiple Grounds

Including multiple grounds in a single notice is standard practice and strongly recommended. For rent arrears cases, Grounds 8, 10, and 11 together cover the full range of arrears scenarios. If arrears reduce between service and hearing, Ground 8 may fail but Grounds 10 and 11 can continue.

There is no disadvantage to including multiple grounds — it does not confuse the notice or weaken any individual ground. It simply gives the court more options for granting possession.

Key Restrictions Under the Renters' Rights Act 2025

• 6-month restriction on Grounds 1 and 1A: Cannot be used within the first 6 months of any tenancy
• 12-month re-letting restriction after Ground 1A: Cannot re-let within 12 months after using the selling ground
• No-DSS prohibition: Cannot refuse tenants receiving housing benefit on that basis alone
• Rent period restrictions: Rent periods cannot exceed one calendar month

Process and Timeline

A typical Section 8 possession claim (straightforward mandatory ground) follows this approximate timeline:

1. Serve Section 8 notice — wait for notice period to expire (4 weeks to 4 months depending on ground)
2. If tenant has not vacated, apply to county court for possession order
3. Court issues claim — tenant has 14 days to respond
4. Hearing listed — typically 4–8 weeks after claim issued
5. Possession order granted — tenant given 14–28 days to vacate
6. If tenant has not vacated, apply for warrant of possession and instruct court bailiffs

Total time from notice to physical possession: typically 16–24 weeks for an uncontested mandatory ground claim. Contested or discretionary claims take longer.

Frequently Asked Questions

What if a tenant challenges the Section 8 notice?

Tenants can defend possession proceedings on various grounds — disputing the arrears, challenging the validity of the notice, or raising a counterclaim such as a deposit penalty claim. This is why having watertight documentation from the start of the tenancy is essential. A well-documented case with clear evidence of grounds and full compliance is very difficult to successfully defend.

Can I use Section 8 if the tenant is otherwise a good tenant?

Yes. Grounds 1 and 1A (moving in and selling) apply regardless of the tenant's behaviour. They are personal grounds relating to the landlord's circumstances, not the tenant's. The requirement is simply that the stated intention is genuine and that the notice period and restrictions are observed.