
The Renters Reform Bill is proposing made significant amendments to the Section 8 Grounds for Possession set out in Schedule 2 of the Housing Act 1988. Yet, trying to figure out what it all means is like trying to read alphabet soup!
This article sets out in a simple table form the changes that the Renters Reform Bill is proposing to make, partly as a consequence of abolishing Section 21. I’ve used the draft of the Renters Reform Bill published on 17 May 2023 and will update if it changes during the Bill’s passage through parliament.
Overview of the new Section 8 Grounds for Possession

The Updated Mandatory Grounds for Possession
The table below summarises what the Section 8 Grounds for Possession will look like after the changes in the Renters Reform Bill comes into effect, based on the 17 May 2023 draft.
The table also shows which Grounds for Possession are new, which are being changed and which are being repealed the Renters Reform Bill. It’s a effectively an enhanced destinations table.
You’ll see that Bill proposes changing almost all of the existing Mandatory Grounds for Possession, and introduces many new ones.
Updated Grounds | Points to Note | Notice | Amended? |
---|---|---|---|
1. Landlord/ family moving in | Tenancy must have existed 6+ months | 2 mths | Wider |
1A. Selling up | Private landlord intends to sell property, tenancy must have existed 6+ months | 2 mths | New |
1B. Social housing rent-to-buy | Landlord is private registered provider of social housing and there is a rent-to-buy agreement | 2 mths | New |
2. Mortgage repossession | Property subject to mortgage granted at any time. Lender exercises power of sale requiring vacant possession | 2 mths | Amended |
2ZA. End of superior lease | Landlord’s lease is under a superior tenancy that is terminated by the superior landlord | 2 mths | New |
2ZB. Possession by superior landlord | After superior tenancy ends, superior landlord becomes tenant’s direct landlord, & seeks possession | 2 mths | New |
[3. Out of season holiday let] | Repealed | N/A | Repealed |
4. Student accommodation | In the 12 months before start of tenancy the property was used to house students. Can only be used by educational establishments and PBSA | 2 wks | Amended |
5. Ministers of religion | Property held for use by a minister of religion to perform the duties of their office and is required for occupation by a minister of religion | 2 mths | Amended |
5A. Agricultural workers | Landlord requires possession to house someone who will be employed by them as an agricultural worker. | 2 mths | New |
5B. Employment criteria | Social landlord requires property to let to someone based on employment eligibility eg key workers | 2 mths | New |
5C. Employment by landlord | Property was let as a result of the tenant’s employment by landlord, and the employment has come to an end OR tenancy was not meant to last the duration of employment and is required by new employee | 2 mths | Amended: was Ground 16 |
5D. End of employment related criteria | Social landlord granted the tenancy because of tenant’s employment eligibility (eg key worker) and they no longer meet criteria | 2 mths | New |
5E. To be used for supported accommodation | Provider requires possession from a non-supported accommodation resident to relet as supported accommodation | 4 wks | New |
5F. Supported Accommodation | Provider requires possession because support services or funding has ended or reduced; provision no longer meeting tenant’s needs; placement was ‘move on’ accommodation | 4 wks | New |
5G. Temporary Accommodation | Landlord ending a tenancy originally granted because the household is owed the homelessness duty | 4 wks | New |
6. Redevelopment | Landlord seeking possession to redevelop 6+ months after tenancy starts. Must demonstrate changes cannot be done with the tenant living there | 2 mths | Amended |
6A. Enforcement Action | Landlord subject to enforcement action by Local Authority or banning order by First-tier Tribunal and needs to regain possession to become compliant. Refused/Revoked HMO licenses etc | 2 mths | New |
7. Death of tenant | Tenancy was passed on by will or intestacy. Possession proceedings must begin within 24 mths of death | 2 mths | Amended |
7A. Severe ASB/ Criminal Behaviour | Tenant convicted of criminal offence, breached IPNA, breached criminal behaviour order, or convicted of causing noise nuisance | Immed.* | Amended |
7B. No right to rent | At least one tenant has no right to rent | 2 wks | Unchanged |
8. Rent arrears | Tenant is at least 2 months in arrears at the time notice is served and the court hearing. Exemption for outstanding universal credit payments | 4 wks | Amended |
8A. Repeated serious rent arrears | Three separate instances of at least 2 months of arrears over a 3 year period | 4 wks | New |
*The court may only make a possession order that takes effect at least 14 days after the service of the notice

The Updated Discretionary Grounds for Possession
There are fewer changes to the Section 8 Discretionary Grounds for Possession in the Renters Reform Bill. These Discretionary Grounds may well become more popular for landlords to rely on, following the abolition of Section 21.
However, as they are Discretionary Grounds, it is for the judge to decide whether it is reasonable to make an order for possession in the circumstances.
The table below summarises what the post-Renter Reform Section 8 Discretionary Grounds currently look like.
Updated Grounds | Points to Note | Notice | Amended? |
---|---|---|---|
9. Suitable alternative accommodation | Suitable alternative accommodation is available for tenant | 2 mths | Unchanged |
10. Any rent arrears | Tenant is in any amount of arrears when notice is served and on the day of court hearing | 4 wks | Unchanged |
11. Persistent arrears | Tenant has persistently been late paying their rent | 4 wks | Unchanged |
12. Breach of tenancy agreement | Tenant has breached tenancy agreement (excluding payment of rent) | 2 wks | Unchanged |
13. Deterioration of property | Tenant has caused the condition of the property to deteriorate | 2 wks | Unchanged |
14. Anti-social behaviour | Tenant or anyone living/ visiting the property has been guilty of causing nuisance or annoyance, convicted of using the premises for illegal/immoral purposes, or convicted of an indictable offence in locality. | Immed.* | Amended |
14A. Domestic Abuse | Social landlords only. Can evict the perpetrator if partner has left property | 2 wks | Unchanged |
14ZA. Offence during riot | Tenant or other adult living at the property convicted of indictable offence at a riot in the UK | 2 wks | Unchanged |
15. Deterioration of furniture | Tenant has caused the condition of the furniture to deteriorate | 2 wks | Unchanged |
[16. Employee of landlord] | Amended and move to Mandatory Ground 5C | N/A | Moved |
17. False statement | Tenancy was granted due to false statement. | 2 wks | Unchanged |
*The court may only make a possession order that takes effect at least 14 days after the service of the notice

Deposit protection rules to be adapted
Under Section 215 of the Housing Act 1996, a landlord cannot serve a Section 21 notice unless the landlord has complied with the deposit protection rules.
With the abolition of Section 21, the Renters Reform Bill introduces an equivalent provision. Under the new regime, a court will not award possession under any Ground, except Grounds 7A and 14 (anti-social behaviour), unless the landlord has properly protected the deposit.
When will the New Grounds for Possession come into effect?
The Renters Reform Bill is currently going through parliament. The abolition of Section 21 and the changes to Section 8 are expected to come into effect at the second implementation date, which will be at least 18 months after the Bill receives Royal Assent.
Click here for more detail on the expected timetable when the Renters Reform Bill will come into effect.
Final thoughts
The abolition of the “no fault” Section 21 mechanism by the Renters Reform Bill will profoundly change the ability of landlords to evict tenants. Although Section 21 is called the “no fault” eviction, it’s really the “easy” eviction, as no reason needs to be given or justified. It doesn’t mean, however, there is no fault on the part of the tenant or that there isn’t a reason.
Click here for more on the likely impact of the abolition of Section 21.
After Section 21 is abolished, the Mandatory and Discretionary Grounds in Section 8 will come to the fore to help landlords regain possession of their property when they can demonstrate they have a good reason.
Other Renter Reforms Content
The 10 Key Changes in the Renters Reform Bill
Renter Reforms: What happens when?
What will abolishing Section 21 mean for landlords?
How to be a Pet Friendly Landlord
How to Gain Possession under Section 8
