Making sense of the new Renters Reform Bill Section 8 Grounds for Possession

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.

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The table also shows which Grounds for Possession are new, which are being changed and which are being repealed the Renters Reform Bill.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 Out of season holiday let]	Repealed	N/A	Repealed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

Renters Reform Bill Hub

The 10 Key Changes in the Renters Reform Bill

Renter Reforms: What happens when?

What will abolishing Section 21 mean for landlords?

Tenant Anti-Social Behaviour

How to be a Pet Friendly Landlord

How to Gain Possession under Section 8