Section 8 of the Housing Act 1988 allows a landlord to serve notice on a tenant and apply for a court possession order where a statutory ground is made out. There are currently 17 numbered grounds, split into mandatory (the court must grant possession if the ground is proved) and discretionary (the court may refuse if it considers it unreasonable).
The Renters' Rights Act 2025 added new grounds (1A, 1B, 8A), changed notice periods for most existing grounds, and raised the rent-arrears threshold for Ground 8. All figures below are for notices served on or after 1 May 2026.
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 are the safest grounds to rely on where they apply.
- Ground 1 — Landlord or family requires the property. The landlord or a specified family member intends to occupy the property as their only or principal home. Notice period: 4 months. Cannot be used in the first 12 months of the tenancy.
- Ground 1A — Landlord intends to sell (new from RRA 2025). The landlord intends to sell the property with vacant possession. Notice period: 4 months. Cannot be used in the first 12 months. Property cannot be re-let within 3 years of possession.
- Ground 1B — Superior landlord requires vacant possession (new from RRA 2025). The landlord's superior landlord requires vacant possession (e.g. head lease forfeiture). Notice period: 4 months.
- Ground 2 — Mortgage lender repossession. The property is subject to a mortgage and the lender is entitled to exercise a power of sale. Notice period: 4 months. Must be notified at the start of the tenancy.
- Ground 4 — Student accommodation let at end of academic year. Purpose-built student accommodation let for a fixed educational year period. Notice period: 4 months.
- Ground 6 — Redevelopment. The landlord proposes to substantially demolish or reconstruct the property. Notice period: 4 months. Landlord must pay tenant's removal expenses.
- Ground 6A — Redevelopment under planning obligation (new from RRA 2025). Landlord is required under a planning obligation to redevelop. Notice period: 4 months.
- Ground 7 — Succession tenancy. Possession sought following the death of a periodic tenant where the successor does not qualify to remain. Notice period: 2 months.
- Ground 7A — Serious anti-social behaviour conviction. The tenant, household member or visitor has been convicted of a serious offence, received an IPNA, or premises are 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 (raised threshold from RRA 2025). At least 3 months' rent is in arrears at the date of the notice AND at the date of the hearing. Notice period: 4 weeks. This is the most widely used mandatory ground.
- Ground 8A — Persistent arrears (new from RRA 2025). The tenant has been in arrears of at least 3 months for a cumulative total of 3 or more periods within the tenancy. Notice period: 4 weeks.
Discretionary grounds — the court decides
On a discretionary ground, the court considers whether it is reasonable to grant possession even if the ground is proved. These grounds give tenants more protection but can still result in a possession order.
- Ground 9 — Suitable alternative accommodation available. The landlord can offer the tenant suitable alternative accommodation. Notice period: 2 months. Rarely used by private landlords — more common in social housing.
- Ground 10 — Some rent arrears. Rent is in arrears at the date of the notice (but below the Ground 8 threshold). Notice period: 4 weeks. Used as a fallback alongside Ground 8.
- Ground 11 — Persistent late payment. The tenant has persistently paid rent late, even if no arrears exist at the date of the notice. Notice period: 4 weeks. Requires evidence of the payment history.
- Ground 12 — Breach of tenancy obligation. The tenant has breached any obligation of the tenancy other than paying rent. Notice period: 4 weeks. Examples: subletting without permission, keeping a pet in breach of the agreement.
- Ground 13 — Waste or neglect of the property. The condition of the property has deteriorated because of acts or neglect by the tenant. Notice period: 4 weeks.
- Ground 14 — Nuisance or anti-social behaviour. The tenant or a household member has caused nuisance or annoyance to neighbours or been convicted of a relevant offence nearby. No minimum notice period — proceedings can start immediately.
- Ground 14A — Domestic violence (social housing only). One partner has left due to domestic violence and is unlikely to return. Not available to private landlords.
- Ground 15 — Deterioration of furniture. The condition of the landlord's furniture has deteriorated due to ill-treatment by the tenant. Notice period: 4 weeks.
- Ground 17 — False statement by tenant. The landlord granted the tenancy based on a false statement made by the tenant or a person acting at the tenant's instigation. Notice period: 2 weeks.
Which ground should I use?
The right ground depends on why you need possession. This is the decision framework most landlords use:
- Serious rent arrears (3+ months)? Use Ground 8 (mandatory, 4 weeks' notice) — the most reliable route where arrears are significant and persistent.
- Rent arrears but below 3 months, or arrears paid down before hearing? Use Grounds 10 and 11 together (discretionary, 4 weeks' notice) — serve all three (8, 10, 11) on the same notice for maximum coverage.
- Selling the property? Use Ground 1A (mandatory, 4 months' notice) — cannot be used in the first 12 months of the tenancy.
- Moving in yourself or with family? Use Ground 1 (mandatory, 4 months' notice).
- Anti-social behaviour? Ground 14 (discretionary, no minimum notice) for nuisance/ASB, Ground 7A (mandatory, no minimum) for convictions or closure orders.
- Breach of tenancy (pets, subletting, damage)? Ground 12 or 13 (discretionary, 4 weeks) — build a contemporaneous breach log before serving.
Serving the notice correctly
The Section 8 notice must use the prescribed form (Form 3A from 1 May 2026), cite the correct ground by number, state the facts relied on for that ground in plain English, and specify the earliest date proceedings will begin. A one-day error in the notice period date, or citing the wrong ground, invalidates the notice entirely.
- Use Form 3A (updated from Form 3 on 1 May 2026).
- Cite each ground by number — not just by description.
- State the specific facts relied on for each ground.
- Calculate the earliest proceedings date correctly from the service date (not the posting date).
- Serve by a method permitted by the tenancy agreement, or by first-class post / hand delivery to the property.
- Retain proof of service — photograph, proof of posting, or witness signature.
After the notice period expires
Once the statutory notice period has passed, you can issue a possession claim at the county court using Form N5 (claim) and Form N119 (particulars). For mandatory grounds, if the ground is made out at the hearing, the court must grant possession. For discretionary grounds, the court weighs reasonableness — bring all evidence of the ground, including contemporaneous records, correspondence, and any damage photographs.
Frequently asked questions
How many Section 8 grounds are there in 2026?+
There are 17 numbered grounds under Schedule 2 of the Housing Act 1988, as amended by the Renters' Rights Act 2025. Three new grounds were added: Ground 1A (landlord intends to sell), Ground 1B (superior landlord requires vacant possession), and Ground 8A (persistent arrears). Ground 14A applies only to social housing landlords.
What is the difference between mandatory and discretionary grounds?+
On a mandatory ground, the court must grant a possession order if the ground is proved — the judge has no discretion. On a discretionary ground, the court considers whether it is reasonable to grant possession even where the ground is made out. Mandatory grounds (Ground 8, Ground 1A, Ground 1) provide more certainty; discretionary grounds (Ground 10, 11, 12, 14) give tenants more protection.
Can I use more than one Section 8 ground on the same notice?+
Yes. You can cite multiple grounds on a single Form 3A notice. The notice period is determined by the ground requiring the longest minimum. Landlords routinely cite Grounds 8, 10 and 11 together for rent arrears — if arrears drop below the Ground 8 threshold before the hearing, Grounds 10 and 11 remain available as fallbacks.
What is Ground 8 and how has it changed in 2026?+
Ground 8 is the mandatory rent-arrears ground. From 1 May 2026, the arrears threshold was raised from 2 months to 3 months. Arrears must be at least 3 months at both the date of the notice and the court hearing date. If the tenant pays enough to bring arrears below 3 months before the hearing, Ground 8 fails — which is why most landlords also serve Grounds 10 and 11 on the same notice.
What is Ground 1A and how does it work?+
Ground 1A was added by the Renters' Rights Act 2025 and allows possession where the landlord intends to sell the property with vacant possession. It is a mandatory ground — the court must grant possession if it is proved. Notice period is 4 months. It cannot be used in the first 12 months of the tenancy. Once possession is granted under Ground 1A, the property cannot be re-let to any private tenant for 3 years.
What notice period does Ground 14 (anti-social behaviour) require?+
Ground 14 has no statutory minimum notice period. You can serve the notice and issue court proceedings on the same day. However, courts expect contemporaneous evidence of the nuisance or anti-social behaviour — a noise log, witness statements, police call-out records, and any warnings given to the tenant. Without evidence, a Ground 14 claim is unlikely to succeed even without a notice-period objection.