Section 8 Ground Picker

If rent is 3 months' (or 13 weeks') in arrears at both the notice date and hearing date, use Ground 8 (mandatory). Always serve Grounds 10 and 11 alongside as fallbacks — if arrears are cleared below threshold before hearing, Ground 8 fails but the discretionary grounds remain. For arrears below 3 months use Grounds 10 and 11. For persistent late payment without current arrears, use Ground 11.

Use Ground 1A (new under the Renters' Rights Act 2025). This mandatory ground requires 4 months' notice and carries a 12-month re-let ban from the earliest possession date — breach is a criminal offence with a civil penalty up to £40,000.

Notice periods vary by ground: 4 months (Grounds 1, 1A, 2, 2ZB, 4A, 6, 6A, 7); 4 weeks (Grounds 8, 8A, 10, 11, 12, 13, 15); 2 months (Grounds 5, 5C, 9); 2 weeks (Grounds 4, 7B, 17); no minimum (Grounds 7A, 14, 14ZA). All figures apply to notices served on or after 1 May 2026 in England.

On a mandatory ground, the court must grant possession if the ground is proved — the tenant has no circumstance-based defence. On a discretionary ground, the court weighs all circumstances and may refuse possession even where the ground is technically made out.

Yes — and in arrears cases you should. Always serve Grounds 8, 10, and 11 together on one Form 3A. For ASB, cite Grounds 7A, 14ZA, or 14 as applicable. Note: the RRA 2025 creates an offence for citing a ground you do not reasonably believe you can prove.

No. Section 8 applies only to assured tenancies in England. Wales uses occupation contracts under the Renting Homes (Wales) Act 2016. Scotland has the Private Residential Tenancy regime. Northern Ireland operates under separate housing legislation.