Section 8 grounds 2026: every ground explained for landlords

Mandatory grounds, the court must grant possession

On a mandatory ground, once the landlord proves the ground is made out, the court has no discretion, it must grant a possession order. These grounds provide the most certainty where they apply.

• Ground 1, Landlord or family requires the property. The landlord, or a specified family member (extended by RRA 2025 to include spouse, civil partner, parent, grandparent, sibling, child, or grandchild), intends to occupy the property as their only or principal home. Notice period: 4 months. The notice cannot specify an earliest possession date within the first 12 months of the tenancy, but the notice itself can be served from month 8 onwards. If possession is obtained, the property cannot be re-let or marketed for re-let on a tenancy of 21 years or less for 12 months from the earliest possession date specified in the notice.
• Ground 1A, Landlord intends to sell (new from RRA 2025). The landlord intends to sell with vacant possession (or grant a lease of more than 21 years). Notice period: 4 months. Cannot specify an earliest possession date within the first 12 months. 12-month re-let / re-market ban from the earliest possession date specified. Breach is a criminal offence with civil penalty up to £40,000.
• Ground 1B, Sale by Registered Provider (new from RRA 2025). Equivalent of Ground 1A for Registered Providers of social housing. Not generally relevant to private landlords. Notice period: 4 months.
• Ground 2, Mortgage lender repossession. The property is subject to a mortgage and the lender is entitled to exercise its power of sale. Notice period: 4 months. The mortgage no longer needs to predate the tenancy and the prior-notice requirement to the tenant has been removed.
• Ground 2ZA, Expiry of superior tenancy (new from RRA 2025). Used by Registered Providers, agricultural holdings, or for supported accommodation where a superior lease is ending. Notice period: 4 months.
• Ground 2ZB, Expiry of superior tenancy of more than 21 years (new from RRA 2025). For any superior tenancy that had a fixed term of more than 21 years which is now coming to an end. This is the ground for a private landlord whose head lease is expiring. Notice period: 4 months.
• Ground 4, Student accommodation let at end of academic year. Specific letting of student accommodation reserved for fixed educational year cycles. Notice period: 2 weeks.
• Ground 4A, HMO let to full-time students (new from RRA 2025). Possession of an HMO let to full-time students, aligned to the academic year. Possession must take effect between 1 June and 30 September. Notice period: 4 months. The principal ground for student HMO landlords post-RRA.
• Ground 5, Minister of religion's house. Property held for use by a minister of religion and required for occupation by another minister. The prior-notice-at-start-of-tenancy requirement has been removed. Notice period: 2 months.
• Ground 5C, Tied employment ended (new from RRA 2025). Property let to the tenant in consequence of employment, where the employment has ended or the tenancy was not intended to last beyond the employment. Notice period: 2 months.
• Ground 5H, Stepping Stone accommodation (new from RRA 2025). Transitional accommodation for tenants moving towards independent living. Applies only where the landlord is a Registered Provider or charity, not relevant to private landlords. Notice period: 2 months.
• Ground 6, Redevelopment. Landlord proposes to demolish or substantially reconstruct the property. Notice period: 4 months. Landlord must pay the tenant's removal expenses.
• Ground 6A, Compliance with enforcement action (new from RRA 2025). Possession required to comply with a planning obligation, enforcement notice, banning order, or licensing decision. Notice period: 4 months.
• Ground 7, Succession on death. Possession sought following the death of a periodic tenant where no statutory successor qualifies. Notice period: 2 months. Proceedings must be commenced within 12 months of death (or knowledge of death).
• Ground 7A, Serious anti-social behaviour conviction. Tenant, household member or visitor convicted of a serious offence, served with an IPNA, or premises subject to a closure order. Court proceedings may start immediately, no minimum notice period.
• Ground 7B, No right to rent. The Home Office has served a notice confirming the tenant has no right to rent in the UK. Notice period: 2 weeks. Requires Home Office notification.
• Ground 8, Significant rent arrears. From 1 May 2026, at least 3 months' (or 13 weeks') rent must be in arrears at both the date of the notice and the date of the hearing. Notice period: 4 weeks. The single most widely used mandatory ground.
• Ground 8A, Persistent serious arrears (new from RRA 2025). Designed to address the gap where a tenant repeatedly falls into and then clears serious arrears to defeat Ground 8. Notice period: 4 weeks.

Discretionary grounds, the court decides

On a discretionary ground, the court considers whether it is reasonable to grant possession even where the ground is made out. Bring contemporaneous evidence.

• Ground 9, Suitable alternative accommodation available. Notice period: 2 months. Rare for private landlords.
• Ground 10, Some rent arrears. Rent in arrears at the date of the notice (below the Ground 8 threshold). Notice period: 4 weeks. Routinely served alongside Grounds 8 and 11.
• Ground 11, Persistent late payment. Tenant has persistently paid rent late, even where no arrears exist at the date of the notice. Notice period: 4 weeks. Requires payment-history evidence.
• Ground 12, Breach of tenancy obligation. Any breach other than non-payment of rent. Notice period: 4 weeks.
• Ground 13, Waste or neglect. Property condition has deteriorated through the tenant's acts or neglect. Notice period: 4 weeks.
• Ground 14, Nuisance or anti-social behaviour. Nuisance or annoyance to neighbours, or conviction of a relevant nearby offence. No minimum notice period.
• Ground 14ZA, Indictable offence in the locality (new from RRA 2025). Tenant or household member convicted of an indictable offence in the locality of the property. No minimum notice period.
• Ground 14A, Domestic abuse (social housing only). One joint tenant has left a joint tenancy due to domestic abuse and is unlikely to return. Not available to private landlords.
• Ground 15, Deterioration of furniture. Landlord's furniture deteriorated through tenant's ill-treatment. Notice period: 4 weeks.
• Ground 17, False statement by tenant. Tenancy granted on the basis of a false statement made by, or on behalf of, the tenant. Notice period: 2 weeks.

Which ground should I use?

Your situation will usually point to one or two primary grounds, often served alongside fallback grounds:

• Serious rent arrears (3+ months). Primary: Ground 8. Serve Grounds 10 and 11 on the same notice as fallbacks in case arrears drop below threshold before the hearing.
• Persistent partial arrears. Primary: Ground 8A. Fallback: Grounds 10 and 11.
• Selling the property. Ground 1A. Notice can be served from month 8 onwards if you want possession at month 12.
• Moving in yourself or with eligible family. Ground 1. Same month-8 service window as 1A.
• Head lease ending (private landlord). Ground 2ZB.
• Anti-social behaviour. Ground 14 for nuisance (discretionary, immediate proceedings). Ground 7A for convictions (mandatory, immediate proceedings). Ground 14ZA for indictable offences in the locality.
• Tenancy breach (pets, subletting, alterations). Ground 12. Build a contemporaneous breach log.
• Student HMO at end of academic year. Ground 4A.
• Property damage. Ground 13 (property condition) or Ground 15 (furniture).

Serving the notice correctly

The Section 8 notice must use prescribed Form 3A (replaced the previous Form 3 from 1 May 2026), cite each ground by number AND state the specific facts relied on for that ground. A wrong ground number, a one-day error in the notice period, or a missing fact statement invalidates the notice entirely. The RRA 2025 also creates an offence where a landlord serves a Section 8 notice citing a ground they do not reasonably believe they will be able to prove, so cite grounds you can actually evidence.

• Use prescribed Form 3A (replaced the previous Form 3 from 1 May 2026).
• Cite each ground by number, not just by description.
• State the specific facts relied on for each ground.
• Specify the earliest date proceedings may begin, calculated correctly from the service date.
• Serve by a method permitted by the tenancy agreement, or by first-class post or hand delivery.
• Retain proof of service, photograph, proof of posting, or witness signature.

Pre-conditions for serving Section 8

From 1 May 2026, several compliance steps must be in place before most Section 8 grounds can be relied on:

• Renters' Rights Act Information Sheet served on every existing tenant by 31 May 2026 (or before/at start of tenancy for new lettings).
• Deposit protected within 30 days and prescribed information served.
• Valid Gas Safety certificate, EICR, and EPC in date.
• Right to Rent check on file.
• Property licence held where required (selective or HMO licensing).
• PRS Database registration (when commenced regionally), failure prevents possession action.
• PRS Ombudsman membership (when commenced), failure prevents possession action.

After the notice period expires

Issue a possession claim at the county court using Form N5 with Form N119 particulars. For mandatory grounds, if proved, the court must grant possession. For discretionary grounds, bring all contemporaneous evidence, correspondence, photographs, payment records, witness statements.

Frequently asked questions