Section 21 was abolished on 1 May 2026. All possession must now use Section 8 Form 3A with a valid Schedule 2 ground. Mandatory grounds give courts no discretion to refuse if the conditions are proved. For sale or occupation, use Ground 1A or Ground 1. For rent arrears, use Ground 8 (with Grounds 10 and 11 as fallbacks). For student lets, use Ground 4A.
There are seven mandatory possession grounds under the Housing Act 1988 as amended by the Renters' Rights Act 2025. Each has specific eligibility conditions, notice requirements, and key pitfalls. Unlike discretionary grounds (where the court may refuse possession even if the ground is proved), mandatory grounds require the court to make a possession order if the conditions are satisfied.
| Ground | Basis | Notice period | Key condition | Restriction |
|---|---|---|---|---|
| Ground 1 | Landlord/family to occupy | 4 months | 12-month minimum tenancy; landlord or family member genuinely to occupy | False claims are a criminal offence |
| Ground 1A | Intends to sell | 4 months | 12-month minimum tenancy; genuine present intention to sell | 12-month re-let ban after possession |
| Ground 3 | Former holiday let | 2 weeks | Property let for holiday use in 12 months before tenancy; pre-tenancy notice given | Pre-tenancy notice is non-negotiable |
| Ground 4A | Full-time student lets | 2 months | All named tenants are full-time students; notice served 1 Jun–30 Sep | Fails if any tenant not a full-time student |
| Ground 6 | Demolition/redevelopment | 4 months | Firm intention to carry out works; works cannot be done with tenant in occupation | Not available if landlord bought with sitting tenant |
| Ground 7A | Anti-social behaviour conviction | 4 weeks | Conviction for specified Schedule 2A offence at/near the property | Requires an actual conviction — charge or caution insufficient |
| Ground 8 | Serious rent arrears (3+ months) | 4 weeks | At least 3 months' arrears at both notice date and hearing date | Do not accept partial payment reducing arrears below 3 months |
Ground 1 — Owner-Occupier or Family Occupation
Ground 1 applies where the landlord or a qualifying family member (spouse, civil partner, parent, or child) genuinely intends to occupy the property as their principal home. The tenancy must have been in place for at least 12 months. Either the property must have previously been the landlord's principal home, or a Ground 1 notice must have been given before the tenancy began. Notice: 4 months. False Ground 1 claims are a criminal offence — keep evidence of the genuine intention to occupy.
Ground 1A — Intends to Sell
Ground 1A applies where the landlord has a genuine and firm present intention to sell the property with vacant possession. The tenancy must have been in place for at least 12 months. Notice: 4 months. A 12-month restriction on re-letting applies after possession — if the landlord does not sell within 12 months of possession, the former tenant can claim compensation from the First-tier Tribunal. Do not use Ground 1A speculatively.
Ground 3 — Former Holiday Let
Ground 3 applies where the property was used as holiday accommodation in the 12 months before the current tenancy and the landlord gave a written notice to the tenant before the tenancy started stating that Ground 3 may be used. Notice: 2 weeks. Used primarily for winter let arrangements — a property let as a holiday cottage in summer and as a residential let in winter. Without the pre-tenancy notice, Ground 3 is unavailable.
Ground 4A — Full-Time Student Lets
Ground 4A is new under the RRA 2025. It applies where all named tenants are full-time students at the time the Section 8 notice is served. The notice must be served between 1 June and 30 September. Notice period: 2 months. This is the possession mechanism for the annual student let cycle that replaces the old fixed-term AST model. Verify student status in writing before serving — Ground 4A fails if any named tenant is not a full-time student.
Ground 7A — Anti-Social Behaviour Conviction
Ground 7A applies where the tenant or a person living in or visiting the property has been convicted of a specified Schedule 2A offence committed at or in the locality of the property (riot, violent disorder, GBH, specified drug offences, sexual offences). Notice: 4 weeks (which may be shortened in urgent cases). Requires an actual criminal conviction — a caution, charge, or civil injunction is insufficient. Plead alongside discretionary Ground 14 as a fallback.
Ground 8 — Serious Rent Arrears (3+ Months)
Ground 8 is the most commonly used mandatory ground. Arrears of at least 3 months must exist at both the notice date and the hearing date. Notice: 4 weeks. Critical rule: do not accept any rent after service that would reduce arrears below 3 months — this defeats the mandatory ground. Always plead Grounds 8, 10, and 11 together (10 and 11 are discretionary fallbacks if arrears drop below Ground 8's threshold before the hearing).
Ground 8 is mandatory but fails if arrears drop below 3 months before the hearing. Including Grounds 10 (any arrears) and 11 (persistent payment delay) as discretionary fallbacks in the same Section 8 Form 3A preserves your claim even if the tenant reduces arrears. Courts exercise their discretion more readily where arrears are persistent and substantial.