The post-1 May 2026 Section 8 grounds list has 26 mandatory and 10 discretionary grounds, all served on the new Form 3A. Key new/revised grounds: Ground 1A (sale of the property, 4-month notice, 12-month re-let ban), Ground 8 arrears threshold raised to 3 months, Ground 4A (student HMO end-of-academic-year), ASB grounds strengthened. Section 21 is abolished, every English possession claim now runs on Section 8.
Since 1 May 2026 every English possession claim runs on Section 8. Here is the whole list, grouped by mandatory and discretionary, with the notice period and what you need to prove.
Mandatory grounds (court must grant possession if proved)
| Ground | Reason | Notice | Evidence |
|---|---|---|---|
| 1 (revised) | Landlord or family intends to occupy as only or principal home | 4 months | Statement of intent, 12-month tenancy minimum, good-faith test |
| 1A (new) | Landlord intends to sell | 4 months | Marketing instruction, 12-month tenancy minimum, cannot re-let within 12 months |
| 1B | Sale at auction or mortgagee in possession | 4 months | Lender or auction-house documents |
| 2 | Mortgagee requires possession | 4 months | Lender correspondence |
| 4 | Student let recovered for a new student intake | 2 weeks | Prior notice in the tenancy agreement that Ground 4 may apply |
| 5 | Property held for a minister of religion | 2 months | Prior notice that the property is held for a minister of religion |
| 6A (new) | Redevelopment requiring vacant possession | 4 months | Planning consent, scope of works, programme |
| 7A | Serious anti-social behaviour, conviction or order | Immediate | Conviction, injunction or closure order |
| 8 | Rent arrears (3 months at both service and hearing) | 4 weeks | Ledger showing arrears, payment history |
| 4A | Student HMO recovered before the new academic year | 4 months | Qualifying student HMO; prior notice that Ground 4A may apply |
Discretionary grounds (court may grant possession if reasonable)
| Ground | Reason | Notice | Evidence |
|---|---|---|---|
| 9 | Alternative suitable accommodation available | 2 months | Description of alternative, affordability assessment |
| 10 | Rent arrears (less than three months but in arrears) | 4 weeks | Ledger, pre-action letters |
| 11 | Persistent delay in payment | 4 weeks | 12-month payment history |
| 12 | Breach of tenancy (non-rent) | 2 weeks | Specific breach, warning, remedy period |
| 13 | Deterioration of the property by the tenant | 2 weeks | Inventory comparison, photos, quotes |
| 14 (revised) | Anti-social behaviour or nuisance | Immediate | ASB log, witness statements, police reports |
| 14ZA | Conviction for drug offence at the property | Immediate | Conviction |
| 15 | Deterioration of furniture by the tenant | 2 weeks | Inventory comparison |
| 16 | Tenant employed by landlord, employment ended | 2 months | Employment termination |
| 17 | Tenancy obtained by false statement | 2 weeks | Application form with false particulars |
For rent-arrears claims the court expects to see escalation letters, an affordability questionnaire and evidence of signposting to advice services. Our Pre-Action Rent Arrears Letters pack (£9) handles this in three escalations.
Picking the right ground
Use as many grounds as reasonably apply, the court will grant possession on any one of them if proved. If you have rent arrears below the three-month threshold, cite Grounds 10, 11 and 12 together. If there is ASB, cite 14 and 14ZA together. Our Section 8 Ground Picker does this automatically.
When to instruct a solicitor anyway
- The tenant has instructed a solicitor and the claim is heading to a contested hearing.
- There is a counter-claim for disrepair, discrimination or harassment.
- There is a vulnerable-adult or child safeguarding dimension.
- The contract value of the tenancy (annual rent, expected remaining term) is materially above the cost of advice.