Section 8 Notice Grounds: A Landlord's Complete Guide (2026)

Since 1 May 2026, Section 21 no longer exists. The Renters' Rights Act 2025 abolished no-fault evictions, which means Section 8 is now the only way to seek possession of a private residential tenancy in England.

If you need to recover your property — whether because of rent arrears, property damage, or a plan to sell — you need to understand Section 8 grounds, what evidence each requires, and how to serve notice correctly.

What is a Section 8 notice?

A Section 8 notice is a formal notice served by a landlord on a tenant, stating the specific ground (or grounds) on which possession is being sought. It is the first step in a formal possession claim.

Under Section 8 of the Housing Act 1988, the court can only order possession if the landlord can demonstrate that one or more grounds for possession apply. The burden of proof is on the landlord. You need evidence — not just the belief that a ground applies.

Section 8 grounds are divided into mandatory grounds (where the court must order possession if the ground is proven) and discretionary grounds (where the court may order possession, but has discretion to refuse).

Mandatory grounds (court must order possession)

These are the strongest grounds. If you can prove a mandatory ground applies, the court cannot refuse possession — though they can still reject a claim if the notice was incorrectly served or the evidence is weak.

Ground 1 — Landlord occupation

When it applies: You or a specified family member genuinely needs the property as their only or principal home.

What changed under RRA 2025: This ground has been substantially reformed. It can only be used if the current tenancy began at least 1 year before the relevant date. You cannot use Ground 1 to evict a tenant who moved in less than a year ago.

Evidence you need:

• Written statement of your intention to occupy (or the family member's intention)
• Evidence that the occupant named actually needs the property as their main home
• Proof that the tenancy has run for at least 12 months

Ground 1A — Sale of property

When it applies: You intend to sell the property — either the freehold or a lease of more than 21 years.

What changed under RRA 2025: This is a new mandatory ground introduced by the Act to give landlords a legitimate route to recover a property for sale.

Important restriction: This ground cannot be used within the first 12 months of a tenancy.

Evidence you need:

• Signed and dated instruction to a selling agent, OR
• Contemporaneous written record of the decision to sell, dated before the notice was served
• Evidence that the property is actively being marketed or sold

Ground 2 — Mortgage possession

When it applies: The property is mortgaged and the mortgagee (lender) requires possession to exercise their power of sale.

Evidence you need:

• Written demand from the lender
• Evidence that the mortgage is in arrears or otherwise in default

Ground 4A — Student accommodation

When it applies: The property is an HMO let to full-time students, the landlord gave notice at the outset of the tenancy of their intention to rely on Ground 4A, and the relevant date falls between 1 June and 30 September. This is a forward-looking ground for student HMO landlords operating under the new periodic tenancy regime.

Ground 5 — Minister of religion

When it applies: The property is held for occupation by a minister of religion, and the minister intends to occupy it.

Ground 6 — Redevelopment

When it applies: You (or your landlord, if you are a sub-landlord) intend to demolish or substantially reconstruct the dwelling, and cannot reasonably do so without vacant possession.

Important: Ground 6 cannot be used by landlords who bought the property with the tenant already in occupation — it requires that you let the property to the tenant, not that you purchased it tenanted.

Ground 8 — Rent arrears (mandatory threshold)

When it applies: The tenant owes at least 13 weeks' rent at both the date the notice is served and the date of the hearing.

Under the Renters' Rights Act 2025, Schedule 1, paragraph 24(a) amended Housing Act 1988 Schedule 2 Ground 8 to substitute the old 8-week threshold. The operative statutory text reads: "for 'eight' substitute 'thirteen'." The higher threshold makes it harder to use Ground 8 and gives tenants more time to clear arrears.

Key point: The arrears must persist all the way to the court hearing. If the tenant clears the arrears before the hearing, the mandatory ground fails.

Universal credit note: Under the 2025 amendments, rent is not counted as "unpaid" merely because a Universal Credit housing payment has not yet arrived. This protects tenants from possession claims driven by payment timing rather than genuine non-payment.

Evidence you need:

• Detailed rent account showing every payment made and every payment due
• Running total of arrears
• Current balance as of both the notice date and (at the hearing) the hearing date

Discretionary grounds (court may order possession)

For discretionary grounds, the court weighs the landlord's interest against the tenant's circumstances. Even with strong evidence, possession is not guaranteed.

Ground 9 — Suitable alternative accommodation

When it applies: Suitable alternative accommodation is available for the tenant.

This ground is rarely used in private rented sector cases because providing alternative accommodation is costly and uncertain.

Ground 10 — Some rent arrears

When it applies: Some rent is lawfully due but unpaid. Unlike Ground 8, there is no minimum threshold — even a small arrears balance can support a Ground 10 claim.

Evidence you need:

• Rent account showing arrears
• Notice served correctly under Section 8

Because this is discretionary, courts often give tenants a chance to pay or set up a payment plan rather than ordering outright possession.

Ground 11 — Persistent late payment

When it applies: The tenant has persistently delayed paying rent, even if they are not currently in arrears.

Evidence you need:

• Rent account covering a substantial period (typically 12+ months)
• Record of late payments with dates rent was due vs dates actually paid
• Evidence that this is a pattern, not a one-off

This ground is particularly useful when a tenant pays eventually but is routinely weeks late, causing ongoing disruption.

Ground 12 — Breach of tenancy terms

When it applies: The tenant has broken any of the terms of the tenancy agreement (other than a rent obligation covered by Grounds 8-11).

Evidence you need:

• The tenancy agreement clearly stating the obligation breached
• Evidence the breach occurred (photographs, correspondence, inspection reports)
• Record of you notifying the tenant of the breach and requesting remedy

Ground 13 — Deterioration of the property

When it applies: The condition of the dwelling has deteriorated because the tenant (or someone living with them) has damaged it through neglect or default.

Evidence you need:

• Inspection report or schedule of condition at start of tenancy
• Current inspection evidence (photographs, surveyor's report) showing the deterioration
• Evidence that the deterioration is the tenant's fault, not fair wear and tear

Ground 14 — Nuisance, annoyance, or criminal behaviour

When it applies: The tenant (or someone residing in or visiting the property) has been guilty of:

• Conduct causing nuisance or annoyance to neighbours or nearby persons
• Criminal convictions for using the property for illegal or immoral purposes

Evidence you need:

• Written complaints from neighbours (dated and signed)
• Police reports, ASBOs, or criminal conviction evidence
• Records of your own observations or communications with the tenant

Courts take this ground seriously, but require solid evidence. Vague complaints are unlikely to succeed.

Ground 15 — Deterioration of furniture

When it applies: Furniture provided by the landlord has deteriorated due to ill-treatment by the tenant.

Evidence you need:

• Inventory/schedule of condition at start of tenancy (critical)
• Photographs showing current state of furniture
• Evidence the deterioration is beyond fair wear and tear

How to serve a Section 8 notice correctly

Getting the grounds right is only half the job. A Section 8 notice must be served correctly or the possession claim fails before it even starts.

Key requirements:

1. Use Form 3A — the prescribed form for Section 8 notices in the private rented sector (do not use the old Form 3, which is for social housing only). Download the current version from GOV.UK.
2. Specify the grounds clearly — state every ground you are relying on and why it applies
3. Give the correct notice period — varies by ground (see below)
4. Serve correctly — deliver in person, by first class post, or as specified in the tenancy agreement

Notice periods by ground type:

Ground	Notice period
Ground 1 (landlord occupation)	4 months
Ground 1A (sale)	4 months
Ground 8 (mandatory rent arrears — 13+ weeks)	4 weeks
Grounds 10-11 (rent arrears — discretionary)	4 weeks
Ground 14 (nuisance)	Immediately (can issue same day)
Grounds 12, 13, 15 (other breaches)	4 weeks

Notice: these are minimums. Serving longer notice than required is not a problem; serving shorter notice makes the notice invalid.

Before you serve: check your compliance

Section 21 was regularly blocked by landlord compliance failures — and the same principle applies under the new regime. While Section 8 claims do not have the same formal prerequisites as Section 21, courts increasingly scrutinise landlord compliance as part of the broader context.

Specifically:

• If you are running an unlicensed HMO, the court may refuse discretionary grounds and refer the matter to the local authority
• If you have unregistered on the PRS Database (once live), this may affect your ability to use possession grounds
• Outstanding enforcement notices may weaken your case, particularly for discretionary grounds

Use our rental compliance score checker to verify your compliance position before serving any possession notice.

Common mistakes

• Using Ground 8 before 13 weeks of arrears — if the arrears were 10 weeks at notice but cleared to 12 weeks by hearing, the mandatory ground fails
• Vague nuisance evidence — "my neighbours complained" is not evidence; signed statements from specific people with specific incidents are
• Using the wrong form — the prescribed form for the private rented sector is now Form 3A (Form 3 is for social housing only). Always download Form 3A from GOV.UK
• Not keeping a rent account — if you cannot demonstrate the exact arrears position, courts have difficulty ordering possession

How DueProper will help

DueProper will track compliance obligations across all your properties so that when you need to seek possession, your compliance house is in order. Evidence of compliance with gas safety, EICR, EPC, and deposit protection — maintained in one place — is exactly what courts want to see.

Coming soon — join the waitlist for early access.

Check your compliance score for free →

Related reading

• Section 21 and compliance: why your notice could be invalid — Section 21 is now abolished, but this explains the history
• The Renters' Rights Act: what landlords need to do now — full summary of all changes
• Landlord fines UK: non-compliance costs — penalties for compliance failures

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This article is for information only and does not constitute legal advice. Possession proceedings are legally complex — always take professional advice before serving a Section 8 notice. Verify current grounds and notice periods at legislation.gov.uk and gov.uk.