From 1 May 2026 every English possession claim runs on Section 8. Here is the whole list, grouped by mandatory and discretionary, with the post-commencement 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 |
| 3-5 | Student / holiday let / minister of religion | 2 weeks | Original purpose letter plus prior notice in tenancy agreement |
| 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) | 2 weeks | Ledger showing arrears · payment history |
| 14A | Domestic abuse occurring in the dwelling | 2 weeks | Police or support-service statement |
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) | 2 weeks | Ledger · pre-action letters |
| 11 | Persistent delay in payment | 2 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 |
Pre-action behaviour matters
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.