Now that the tenancy reforms in the Renters’ Rights Act are in force, landlords must use Section 8 of the Housing Act 1988 to recover possession of their property. Section 21 “no fault” evictions have been abolished.
The Renters’ Rights Act made a number of changes to Section 8, expanding and revising the grounds for possession in Schedule 1 of the Renters’ Rights Act 2025. Landlords now serve a Section 8 notice using the new Form 3A.
This blog post sets out the consolidated Section 8 grounds for possession that landlords can use to terminate a tenancy and recover their property.
The changes are in Schedule 1 of the Renters’ Rights Act 2025.
This is a comprehensive blog post which analyses the changes by standing back from the myriad of new and revised grounds, to categorise them into practical groups.
The first category is where a landlord wishes or needs to regain possession for specific reasons. The second group is where the tenant is at fault, and the third were very miscellaneous grounds that didn’t fall into the first two.
It also has the notice period that landlords need to give for each ground.
I cover each of these grounds in practical detail in Chapter 15 of my bestselling book, The Good Landlord Handbook, including the evidence you’ll need and the restricted re-letting periods.
You can find ongoing support and resources at The Independent Landlord Hub.
This isn’t legal advice, and here’s my disclaimer.
Note that the tenancy reforms in the Renters’ Rights Act, including the changes to Section 8 of the Housing Act 1988, do not apply to high rent tenancies (annual rent above £100k), agreements with lodgers, leases to companies and tenancies regulated by the Rent Act 1977.
>> Related Post: How to evict tenants using Section 8 with Form 3A
Evicting tenants with Section 8 under the Renters’ Rights Act
- What is the Renters’ Rights Act trying to achieve with the revised Grounds for Possession?
- Overview of the Renters’ Rights Act changes to the Grounds for Possession
- Updated Grounds for Possession: Reasons due to the landlord (no fault)
- 1. Landlord intends to sell up (Ground 1A – Mandatory – 4 months’ notice)
- 2. Landlord or family intends to move in (Ground 1 – Mandatory – 4 months’ notice)
- 3. Redevelopment by landlord (Ground 6 – Mandatory – 4 months’ notice)
- 4. Repossession by mortgage company (Ground 2 – Mandatory – 4 months’ notice)
- 5. Enforcement action against landlord (Ground 6B – Mandatory – 4 months’ notice)
- 6. Student accommodation (Ground 4 – Mandatory – 2 weeks’ notice)
- 7. HMO Students (Ground 4A – Mandatory – 4 months’ notice)
- Updated Grounds for Possession: Reasons due to the tenant (fault)
- 1. Tenants are in rent arrears (Ground 8 – Mandatory; Ground 10 – Discretionary)
- 2. Anti-social behaviour / crime (Ground 7A – Mandatory and Ground 14- Discretionary)
- 3. Breach of tenancy agreement (Ground 12 – Discretionary – 2 weeks)
- 4. Deterioration of the property / furniture (Grounds 13 & 15 – Discretionary – 2 weeks’ notice)
- 4. No right to rent (Ground 7B – Mandatory – 2 weeks’ notice)
- 5. False statement made by tenant (Ground 17 – Discretionary)
- 6. Death of tenant (Ground 7 – Mandatory – 2 months’ notice)
- 7. Offence during a riot ( Ground 14ZA)
- Grounds for Possession: Other reasons to evict
- 1. Employment-related reasons (Grounds 5, 5A, 5B, 5C and 5D – Mandatory – 2 months’ notice)
- 2. Supported Housing (Grounds 5E & 5F – Mandatory; Ground 18 – Discretionary – 4 weeks’ notice)
- 3. Homelessness Duty (Ground 5G – Mandatory – 4 weeks’ notice)
- 4. Occupation as ‘stepping stone’ accommodation (Ground 5H – Mandatory – 2 months’ notice)
- 5. Issues with superior lease (Grounds 2ZA, 2ZB and 2ZC – Mandatory – 2 months’ notice)
- Table of changes to Mandatory Section 8 grounds
- Table of changes to Discretionary Section 8 grounds
- What evidence does landlord need to show to the court for Section 8?
- Discretionary Grounds: is it reasonable to evict?
- Sanctions if a landlord or agent wrongly relies on a Ground
- What are the sanctions for unlawful eviction and harassment?
- Why the PRS Database will be important for orders for possession
- Can landlords recover possession under s.8 if they protect the deposit late?
- Final thoughts
What is the Renters’ Rights Act trying to achieve with the revised Grounds for Possession?
Part 1 of the Housing Act 1988 deregulated private sector tenancies with the introduction of assured tenancies, and the Housing Act 1996 deregulated them further by introducing assured shorthold tenancies which the landlord could terminate after 6 months with 2 months’ notice without giving a reason using Section 21 Housing Act 1988. It became relatively straightforward for landlords to evict tenants and regain possession of their properties.
However, this relatively unfettered ability for landlords to terminate tenancies has become increasingly unpopular over the years. The Conservatives published their intention to abolish Section 21 in the White Paper A Fairer Private Rented Sector published in June 2022. They brought the Renters (Reform) Bill to parliament to do this, but it was dropped in the run up to the 2024 election.
The Labour government included the abolition of Section 21 in their Renters’ Rights Act, and the Guidance to the Act states they “believe landlords must enjoy robust grounds for possession where there is good reason to take their property back. To support this, the Act clarifies and expands grounds for possession, while ensuring tenants are protected from arbitrary eviction and given enough time to find a new home”.
The Renters’ Rights Act expanded the grounds for possession under Section 8, but to a lesser extent than the Renters (Reform) Bill. It also increased some of the notice periods, and removed references to ‘fixed term tenancy’ in the Housing Act 1988.
Overview of the Renters’ Rights Act changes to the Grounds for Possession
The Renters’ Rights Act built on the existing division of Mandatory and Discretionary grounds for possession, with a revised regime for landlords to terminate tenancies and recover possession.
There are a number of entirely new Mandatory grounds. They have been slotted into Section 8 of the Housing Act 1988, which is what makes the Renters’ Rights Act resemble alphabet soup, rather than renumbering the whole lot.
Some of the new or revised “no fault” grounds (for instance Grounds 1, 1A and 4A) may help landlords in many cases where they might previously have used Section 21.
Updated Grounds for Possession: Reasons due to the landlord (no fault)
The first category of Grounds for Possession is when a landlord says to a tenant: “It’s not you, it’s me.” In other words, it’s a “no fault” situation on the part of the tenant. Here, the landlord needs to regain possession due to their own personal circumstances.
1. Landlord intends to sell up (Ground 1A – Mandatory – 4 months’ notice)
This is a new mandatory Ground in the Renters’ Rights Act where the landlord “intends to sell” the property. The landlord must give 4 months’ notice.
The tenancy must have begun at least one year before the “relevant date“. Paragraph 25 of Schedule 1 RRA states that the relevant date is the “date specified in the notice”, ie the date the notice expires, which is at least 4 months after the notice was served.
This means that the earliest a Ground 1A notice can expire is one year after the start of the current tenancy. If the tenancy started before 1 May 2026, when the tenancy reforms in the Renters’ Rights Act come into force, the start date is still the start of the tenancy. The clock did not “reset” on 1 May.
A landlord doesn’t need to wait until one year to serve the 4 months’ notice; they can serve it after 8 months so that it expires after the first year.
Note that if a tenant enters a new agreement, including a fixed term “renewal”, the relevant date is the start of that new fixed term, and not the date when the tenant moved in under the original tenancy, or 1 May 2026, when the tenancy reforms come into force.
The landlord won’t be able to re-let or re-market the property for letting or the grant of a licence to occupy (eg Airbnb) for a “restricted period” from the date the notice is served until 12 months from the later of:
- the relevant date in the notice (ie 4 months after the notice is served), and
- the date on which a claim form or particulars of claim are filed with the court to bring proceedings for possession.
A landlord or agent will commit an offence if they let or market the property for re-letting as a tenancy or a licence (eg on Airbnb) during the restricted period, say if no buyer is found. The agent will have a defence if they can prove that they took all reasonable steps to avoid it.
Provided the landlord can convince the court of a genuine intention to sell, they’ll be able to sell with vacant possession using Ground 1A. As it’s a Mandatory Ground, the court will not need to consider whether it’s reasonable to evict the tenant. The Act doesn’t specify what evidence the landlord needs to provide. That will be up to the judge to determine.
>> Related Post: Grounds 1A and 1: How to evict tenants to sell up or move in
2. Landlord or family intends to move in (Ground 1 – Mandatory – 4 months’ notice)
The existing Ground 1 has been widened to make it easier for the landlord to recover possession to allow them or their family move in. However, as with Ground 1A, the relevant date of the notice cannot be in the first 12 months of the current tenancy, which means the landlord can serve the 4 months’ notice after 8 months, so it expires after the first 12 months of the tenancy.
The revised Ground 1 now allows a landlord to recover possession for close family members to move in. As well as the landlord’s spouse or civil partner, “family” includes the landlord’s parent, grandparent, sibling, child or grandchild. It also includes the curiously termed “half-blood” relations, but does not include cousins or nieces/nephews. Very Harry Potter sounding!
However, this does not apply to limited liability companies that own rental properties. This is due to the “corporate veil”, which means the shareholders are not the same as the company, which is a separate legal entity in its own right.
The landlord needs to satisfy the judge that they or a member of their extended family genuinely intends to move in.
It is no longer a requirement for the landlord to give the tenant prior notice they may use this Ground for Possession and they may also use it if they bought the property during the current tenancy.
As with Ground 1A, the landlord won’t be able to re-let or re-market the property for letting during the restricted period.
3. Redevelopment by landlord (Ground 6 – Mandatory – 4 months’ notice)
The landlord must show they “intend to demolish or reconstruct the whole or a substantial part of the dwelling-house or to carry out substantial works” to the whole or a considerable part of the property. Also, they must be able to show that the work can’t be reasonably done while the tenants are living in the property.
An example might be a back-to-brick refurbishment to bring the property to an EPC C, or other substantial work.
There is a new table showing new table which sets out when the Ground is available, depending on what type of landlord holds the tenancy, what type of tenancy is in place and who wishes to redevelop the property.
4. Repossession by mortgage company (Ground 2 – Mandatory – 4 months’ notice)
The existing Ground 2 has been amended so the property may be sold by the mortgagee, even if the landlord has refinanced during the tenancy.
It also removes the requirement to provide prior notice to the tenant that this Ground may be used.
5. Enforcement action against landlord (Ground 6B – Mandatory – 4 months’ notice)
The new Ground 6B requires the court is required to award possession if the landlord needs to end a tenancy because it would be unlawful for them to maintain the tenancy due to enforcement action against them. For instance, a banning order, overcrowding, refusal or revocation of an HMO licence, or where the number of tenants exceeds the number in the HMO licence.
The court has the ability to “order the landlord to pay to the tenant such sum as appears sufficient as compensation for damage or loss sustained by that tenant as a result of the order for possession”. The court must take into account “the circumstances which led to Ground 6B being available as a ground for making an order for possession (including any conduct by the tenant which caused or contributed to Ground 6B being available)”.
6. Student accommodation (Ground 4 – Mandatory – 2 weeks’ notice)
Only available to a “tenancy which is granted to a person who is pursuing, or intends to pursue, a course of study provided by a specified educational institution and is so granted either by that institution or by another specified institution or body of persons”.
Currently this is purpose built student accommodation (PBSA).
The Explanatory Notes (paras 568 to 570) give the example of universities who let accommodation to non-students during academic holidays and to conference guests during the summer. The ground “allows them to do this whilst guaranteeing that those short-term visitors or tenants can be evicted if needed to house incoming students”.
7. HMO Students (Ground 4A – Mandatory – 4 months’ notice)
The Act includes a new Ground for Possession for HMO students.
In order to qualify to use Ground 4A, the landlord needs to comply with the following:
- HMO test. The “dwelling-house” is in an HMO (ie a room in an HMO) or is an HMO (presumably where it’s a joint tenancy for the entire HMO). This includes all HMOs, whether or not they are licensed. In other words, where there are 3 or more occupiers from 2 or more households. For more details see Landlord Guide to HMO Properties.
- Student Test. The tenants must be full-time students, or the landlord has reasonable grounds to believe they will become a full-time student during the tenancy. The student must be studying one of these full-time higher education courses. This is called the “Student Test”.
- Written statement. The landlord must have provided the tenants with a written statement of their wish to be able to recover possession on the basis that they met the Student Test at the start of the tenancy and that the landlord intends on the next occasion to let it to a student who meets the Student Test.
- Transition arrangements. For tenancies that existed before 1 May 2026, provided the tenants met the Student Test when they originally entered the tenancy, the landlord can use this ground if they serve the Ground 4A priori notice/written statement by 31 May 2026.
- Notice period. The landlord must give at least four months’ notice, with the notice to expire between 1 June and 30 September.
- 6-month rule. The landlord can’t rely on this ground unless the tenancy was entered into no more than 6 months before the tenants were entitled to move in. (This was added by government amendment at the Report Stage of the House of Commons).
- Intention to let to full-time students. The landlord must intend to let the property to full-time students or those who the landlord believes will become full-time students during the tenancy. If they cease being full-time students during the tenancy, that will not remove the landlord’s right to use Ground 4A.
Updated Grounds for Possession: Reasons due to the tenant (fault)
The next category of Grounds of Possession is where the landlord seeks repossession due to a fault on the part of a tenant. In other words: “It’s you, not me”.
1. Tenants are in rent arrears (Ground 8 – Mandatory; Ground 10 – Discretionary)
The Renters’ Rights Act does not include the new Ground 8A that was in the Renters (Reform) Bill that would have given landlords the ability to evict tenants for intermittent rent arrears. The notice period for both Ground 8 and Ground 10 has been doubled to four weeks notice, and the threshold of rent arrears before a landlord can use the Mandatory Ground 8 has been increased to three months.
Serious Rent Arrears (Ground 8 – Mandatory – 4 weeks’ notice)
Ground 8 increases the amount of rent arrears from at least two months to three months, so long as three months’ rent was unpaid both at the time the notice is served and at the day of the hearing.
Ground 8 will not be met if the arrears are due to the non-payment of Universal Credit, provided they were entitled to receive it. This means that landlords have no recourse if the payment of benefits are delayed.
The notice period has been increased from two to four weeks.
Rent arrears of any amount (Ground 10 – Discretionary – 4 weeks’ notice)
The existing Ground 10 is unchanged, other than increasing the notice period from two to four weeks.
This is a Discretionary Ground which enables a landlord to seek possession if any amount of the rent is in arrears both at the time of the service of the notice and at the time of the court hearing.
2. Anti-social behaviour / crime (Ground 7A – Mandatory and Ground 14- Discretionary)
Serious anti-social behaviour (Ground 7A – Mandatory – Immediate)
The Act reduces the notice period for serving a Section 8 Notice for serious anti-social behaviour on the part of tenants in Ground 7A.
This means that landlords can make a claim for possession immediately in the event of serious anti-social behaviour.
Anti-social behaviour (Ground 14 – Discretionary – immediate)
The amended ground sets out the relevant factors which the court must take into account when considering whether to grant a possession order for anti-social behaviour. These include co-operation with “any attempt by the landlord to encourage the conduct to cease” from the landlord and the effects the behaviour has on other tenants who share facilities with them in the HMO.
It doesn’t include the wording in the Renters (Reform) Bill that would have changed Ground 14 to include tenant behaviours that are “capable of causing” nuisance or annoyance. Instead, it remains that landlords need must show that behaviour was “likely to cause” a nuisance or annoyance.
3. Breach of tenancy agreement (Ground 12 – Discretionary – 2 weeks)
Ground 12 is unchanged in the Renters’ Rights Act and entitles a landlord to seek possession if the tenant breaches a term in the tenancy agreement, other than rent.
It might include keeping a pet or breaching the pet policy and failing to look after the garden. It could also be used if the tenant has refused to allow the landlord and their contractors access to the property to carry out an inspection or repairs in breach of the implied covenant in Section 11 Landlord and Tenant Act 1985 or a clause in the tenancy agreement.
As with all Discretionary Grounds, the judge will need to agree it’s reasonable to evict the tenant because of their breach of contract.
4. Deterioration of the property / furniture (Grounds 13 & 15 – Discretionary – 2 weeks’ notice)
There are no changes to Discretionary Grounds 13 and 15. Here is a reminder:
- A landlord can use Ground 13 where the condition of the building and any common parts have “deteriorated owing to acts of waste by or the neglect or default of” the tenant, a member of the tenant’s family or someone else living there.
- Ground 15 can be used when it is the condition of the furniture that deteriorates for the same reasons.
4. No right to rent (Ground 7B – Mandatory – 2 weeks’ notice)
This is another Discretionary Ground that is unchanged by the Renters’ Rights Act. It applies where the Home Office has served notice on the landlord that one or more (but not all) of the tenants or occupiers in the property have no right to rent because of their immigration status. Click here for resources on the right to rent.
Where there’s a joint tenancy and the other tenant has a right to rent, it is possible for the court to transfer the tenancy to that person.
5. False statement made by tenant (Ground 17 – Discretionary)
This is another existing Ground which is unchanged by the Renters’ Rights Act.
This Ground may be used “the landlord was induced to grant the tenancy by a false statement made knowingly or recklessly by the tenant or someone acting at their “instigation”.
6. Death of tenant (Ground 7 – Mandatory – 2 months’ notice)
No change to Ground 7. The landlord must start possession proceedings within 12 months of the death of the former tenant.
7. Offence during a riot ( Ground 14ZA)
The court can order possession on ground 14ZA if it is satisfied that a tenant or an adult living in the property has been convicted in the Crown Court of a serious offence during a riot in the UK, as defined in section1 of the Public Order Act 1986.
Grounds for Possession: Other reasons to evict
In this final miscellaneous category, the reasons for eviction are for employment-related accommodation, supported housing or the homelessness duty.
1. Employment-related reasons (Grounds 5, 5A, 5B, 5C and 5D – Mandatory – 2 months’ notice)
These new new Mandatory Grounds all relate to employment-related housing. This includes “ministers of religion”, agricultural workers and where private registered providers of social housing offer employment-related tenancies, such as housing for ‘key workers, such as nurses.
Mandatory Ground 5C was previously discretionary Ground 16, and applies to the situation where an employer lets property for work-related purposes and that employment has ceased.
2. Supported Housing (Grounds 5E & 5F – Mandatory; Ground 18 – Discretionary – 4 weeks’ notice)
These new specialist Grounds apply to supported housing, termed “supported accommodation” in the Act, which is accommodation let for the purpose of providing the tenant with care, support or supervision.
Ground 5E applies where the landlord intends to use the property for supported housing, and the current tenancy wasn’t granted for that purpose.
Grounds 5F and 18 allow providers of supported housing providers to end a tenancy where it is necessary to enable them to continue to operate safely, effectively or otherwise protect the viability of their service.
3. Homelessness Duty (Ground 5G – Mandatory – 4 weeks’ notice)
The new Mandatory Ground 5G enables private landlords and private registered providers of social housing wish to end a tenancy. The tenancy must have been granted to allow a local housing authority to deliver the main housing duty under Section 193 Housing Act 1996.
This Ground can only be used when the local authority has notified the landlord that the tenancy is no longer required. The local authority isn’t required to say why the tenancy is no longer required. There is a 12 month window.
4. Occupation as ‘stepping stone’ accommodation (Ground 5H – Mandatory – 2 months’ notice)
This is a new Ground where a social landlord or charity lets to a tenant meeting eligibility criteria at an “affordable rent”, to help them access PRS and/or transition to living independently, and the tenant no longer meets the eligibility criteria, or a limited period has come to an end.
5. Issues with superior lease (Grounds 2ZA, 2ZB and 2ZC – Mandatory – 2 months’ notice)
These are three very specific new Mandatory Grounds.
The new Mandatory Ground 2ZA applies where the landlord has a tenancy from superior landlord, and either a valid notice for that tenancy has been served or the tenancy will end within 12 months. It only applies to registered providers, supported accommodation provider, agricultural tenancies or where the landlord is 50% owned by a local authority.
Ground 2ZB is applicable to a landlord who became the landlord under Section 18 Housing Act 1988. Here the previous landlord must have been a registered provider, supported accommodation provider, agricultural tenancy or a landlord owned 50% by a local authority. It must be within 6 months of the new landlord becoming the landlord.
Ground 2ZC applies where a superior tenancy ends, the superior landlord becomes tenant’s direct landlord and seeks possession. They must be be private registered provider of social housing, agricultural landlord, supported accommodation or a company majority owned by a local authority.
Table of changes to Mandatory Section 8 grounds
The table below summarises the Section 8 Grounds for Possession following the implementation of the Renters’ Rights Act on 1 May 2026.
It also shows which Grounds for Possession were new, which have changed and which were repealed in the Renters’ Rights Act. It’s effectively an enhanced destinations table.
You’ll see that the Act changed almost all of the existing Mandatory Grounds for Possession, and introduced many new ones.
| Updated Grounds | Points to Note | Notice | Amended? |
|---|---|---|---|
| 1. Landlord/ family moving in | Tenancy must have existed 12+ months before relevant date (when notice expires). | 4 mths | Wider |
| 1A. Selling up | Private landlord intends to sell property, tenancy must have existed 12+ months before relevant date. | 4 mths | New |
| 1B. Social housing rent-to-buy | Landlord is private registered provider of social housing and there is a rent-to-buy agreement. | 4 mths | New |
| 2. Mortgage repossession | Property subject to mortgage granted at any time. Lender exercises power of sale requiring vacant possession. | 4 mths | Amended |
| 2ZA. End of superior lease | Landlord’s lease is under a superior tenancy that is terminated by the superior landlord. Can only be used by private registered providers of social housing, agricultural landlords, supported accommodation or a company majority owned by a local authority. | 4 mths | New |
| 2ZB. Possession when superior lease ends | After superior tenancy ends, superior landlord becomes tenant’s direct landlord, & seeks possession. Superior lease must be for a fixed term of over 21 years. | 4 mths | New |
| 2ZC. Possession by superior landlord | After a superior tenancy ends, superior landlord becomes tenant’s direct landlord and seeks possession. Must be private registered provider of social housing, agricultural landlord, supported accommodation or a company majority owned by a local authority. | 4 mths | New |
| 2ZD. Possession by superior landlord | After a superior tenancy ends, the superior landlord becomes tenant’s direct landlord and seeks possession. Where fixed term of over 21 years has expired etc. | 4 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 specified educational establishments. | 2 wks | Amended |
| 4A. Student let | A landlord can recover possession of HMO let to full-time students at the end of the academic year (1 June to 30 September), in order to let it to students again | 4 mths | New |
| 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 requirements | Social landlord granted the tenancy because of tenant’s employment eligibility (eg key worker) and they no longer meet criteria | 2 mths | New |
| 5E. Occupation as supported accommodation | Property held for use as supported accommodation and current tenant did not enter the tenancy to receive care, support or supervision. | 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. Tenancy granted for homelessness duty | Property used as temporary accommodation for a homeless household and LA has notified the landlord that the tenancy is no longer required. | 4 wks | New |
| 5H. Occupation as ‘stepping stone accommodation’ | Social landlord or charity lets to a tenant meeting eligibility criteria at “affordable rent”, to help them access PRS and/or transition to living independently, and tenant no longer meets the eligibility criteria, or a limited period has come to an end. | 2 mths | New |
| 6. Redevelopment | Landlord seeking possession to demolish or substantially redevelop the property which cannot be done with the tenant in situ. Must be 6+ months after tenancy starts, and landlord must demonstrate changes cannot be done with the tenant living there. | 4 mths | Amended |
| 6B. 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 licences etc | 4 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.* | Unchanged |
| 7B. No right to rent | At least one tenant has no right to rent | 2 wks | Unchanged |
| 8. Rent arrears | Tenant is at least 3 months (or 13 weeks) in arrears at the time notice is served and the court hearing. Exemption for outstanding universal credit payments | 4 wks | Amended |
*The court may only make a possession order that takes effect at least 14 days after the service of the notice
Table of changes to Discretionary Section 8 grounds
There were fewer changes to the Section 8 Discretionary Grounds for Possession in the Renters’ Rights Act. These Discretionary Grounds are now more important 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 the post-Renter Rights Section 8 Discretionary Grounds.
| 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 |
| 18. Supported accommodation | The tenancy is for supported accommodation and the tenant is refusing to engage with the support. | 4 wks | New |
*The court may only make a possession order that takes effect at least 14 days after the service of the notice
What evidence does landlord need to show to the court for Section 8?
Unlike Section 21, landlords who wish to use a Section 8 Notice will need to provide evidence to the court that the relevant Ground applies to their circumstances.
The tenant may also submit evidence to the contrary. A tenant can defend a possession claim by persuading the judge that the landlord’s Ground hasn’t been proved. This means the tenant needs to convince the judge that their argument is more likely than the landlord’s to be true, on a balance of probabilities.
The judge examines the evidence from both the landlord and the tenant when coming to a decision.
Discretionary Grounds: is it reasonable to evict?
For Discretionary Grounds, the judge can only grant possession if they are satisfied that eviction would be reasonable in the circumstances.
The court also has wide powers of adjournment in cases involving discretionary grounds.
Sanctions if a landlord or agent wrongly relies on a Ground
A “relevant person” is guilty of an offence if they use a Ground for Possession either knowing the landlord wouldn’t be able to obtain an order for possession using that Ground, or if they are “reckless” as to whether the landlord would be able to, and the tenant surrenders the tenancy within 4 months without an order for possession.
If the offence is committed by a “body corporate” (such as a limited company), and it is proved to be “attributable to any neglect on the part of an officer” (ie a director or the company secretary, then that officer may commit the offence as well.
Local authorities can also impose a financial penalty of up to £40,000 if they are satisfied beyond reasonable doubt that a person has committed an offence for the same conduct, if criminal proceedings haven’t been taken.
What are the sanctions for unlawful eviction and harassment?
The Renters’ Rights Act gives local authorities the power to fine a landlord or agent up to £40,000 if they are satisfied within reasonable doubt that they have committed an offence under Section 1 Protection From Eviction Act 1977 (unlawful eviction and harassment of occupier).
Tenants may also bring a claim for a rent repayment order, as now, but the maximum order is two years’ rent rather than the current one year.
>> Related Post: The new Rent Repayment Order rules in the Renters’ Rights Act
Why the PRS Database will be important for orders for possession
Section 90 of the Renters’ Rights Act states that the court won’t be able to grant an order for possession if there isn’t an active landlord and dwelling registration on the Database for most Grounds for Possession.
The only exceptions are for Ground 7A (severe anti-social/criminal behaviour) and Ground 14 (anti-social behaviour).
This is to encourage landlords to register themselves and the property on the Database.
The Database is due to start rolling out at the end of 2026, and be fully launched in 2027.
>> Related Post: The PRS Database: how to register your rental property
Can landlords recover possession under s.8 if they protect the deposit late?
Yes. Section 26 RRA amends Section 215 of the Housing Act 2004 to state that a court may only make an order for possession for most of the section 8 grounds if “the tenancy deposit is being held in accordance with an authorised scheme […] Where a tenancy deposit has been paid in connection with an assured tenancy, the court may make an order for possession […] only if such requirements of the scheme as fell to be complied with by the landlord on receiving the tenancy deposit have been complied with (whether or not within the period mentioned by section 213(3)) in relation to the tenancy deposit”.
One of the requirements of the scheme is to serve the prescribed information, but that does not need to have been done within 30 days to use a Section 8 notice. (Although landlords should still serve the prescribed information within 30 days).
There is an exception for the ASB grounds 7A and 14 where this isn’t required.
This means that, unlike with s. 21, a landlord can recover possession of the property if the deposit was protected late or it the landlord didn’t served the prescribed information on the tenants within 30 days of receiving the deposit, so long as they do both before serving the notice. (See Section 213 of the Housing Act 2004 for more information).
Landlords still also have the choice to return the deposit instead of protecting it.
Final thoughts
Section 8 is much more complex than Section 21, but the various grounds do give landlords routes to recover their properties when they have some good reasons. The key is to understand which ground applies to your situation, what evidence you’ll need, and what the notice periods and restrictions are.
Given the consequences of getting it wrong, including rent repayment orders of up to two years’ rent for misuse of a ground, it’s well worth taking the time to understand the detail, and getting proper legal advice before serving a Section 8 notice.
I walk through each of these grounds in practical detail, along with the full termination process, in my bestselling book, The Good Landlord Handbook.
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Very good information for landlords.
So if a landlord is not on the database, they cannot evict anyone should it be legally necessary.
That is considered ‘Encouragement’.
God help the UK. It truly is a sorry failing country ran by idiots.
A query re the Landlord’s wish to sell.
If the property is marketed through an agent and the Landlord fails to achieve the price he/she needs/wants and it is clear that the offers are below the marketed sum, and unacceptable to the Landlord who may have a justifiable reason for needing to achieve a particular price outcome, will this constitute proof that all efforts have been made to sell and therefore the Landlord has a right to relet without waiting 12 months ?
thank you.
Landlords will not have the right to relet within 12 months of a tenant moving out following a Ground 1A notice for any reason. If a property doesn’t sell, it’s because the price is too high for the market.
Hi Suzanne, my tenants have just given notice, and I plan to sell my rental with a completion no earlier than March 2026 due to heavy early mortgage repayment fees. In a bit of a pickle! Given Royal Assent not happening before September and your opinion that it won’t come into effect until ‘Q2’ 2026, I am minded to start a new 12 month AST and use break clause at 4 months so it ends at 6… risk of course that the new Act becomes law sooner than 4 months has passed in the tenancy meaning I can’t utilize the 6 month break clause, and I’ll be trapped until early 2027 with tenants. Any suggestions how to navigate this? Do a 6 month contact instead? Thanks!
This isn’t legal advice… but we should find out the timing in September. We’re likely to have at least 6 months’ notice
Don’t enter into another fixed term AST, but keep it rolling as a periodic. That way you’ll be able to serve a section 21 at any time.
Here’s more info on what a periodic tenancy means – it’s a fallacy that you need to “renew” an AST. There is no need. https://theindependentlandlord.com/resources/property-investors-glossary/periodic-tenancy/
Thanks Suzanne. Can I have a rolling contract with a new tenant? My old tenants are leaving and ending the old AST you see . Most inconvenient timing!
Yes, but you can’t serve a s21 until 4 months into a new tenancy. The easiest would be to have a six month fixed term and then serve the s21 in 4 months’ time
https://theindependentlandlord.com/resources/property-investors-glossary/section-21-notice/
Thanks Suzanne. With the 12 months period that a tenancy has to have been going for before Section 8 1A can be used to evict, is it 12 months + 4 months notice, or could you give notice at 8 months for them to vacate at 12 months from when the lease was signed?
You will be able to give 4 months’ notice at 8 months, so the notice expires on or after 12 months since the start of the tenancy.
Hi Suzanne,
Thanks for this really helpful post—it clarified a lot! I just have one point I’m unsure (and a bit panicky) about.
I’ve recently bought and refurbished a second home, which I plan to rent out for about two years before selling my current flat and moving into the house. I’d intended to use Section 8, Ground 1 (landlord wanting to move in) to regain possession.
However, I’ve just learned that Ground 1 may require the landlord to have lived in the property previously. Could you clarify:
Do I need to live in the house first to rely on Ground 1 later?
If so, how long must I live there for it to count, and what evidence would I need?
Or has the rule changed so that it’s enough that I intend to move in, even if I haven’t lived there before?
Thanks so much for any guidance!
Jas
Hello Jas. The rules currently say you need to have lived in the property before letting, and given a notice, but this will change when the Renters’ Rights Act to come into force. When that happens, you won’t need to have lived there before.
Hi Suzanne.
In June I evicted a tenant using section 8 ground 1 – I had lived there before the tenancy, and always intended moving back in. However, the process was so stressful and has impacted my health. What current restrictions are there if I reconsidered my plans and wanted to sell or, highly unlikely, even relet?
Thanks so much for all your expert guidance,
Linda
.
I’m not aware of there being a restrictive period at present for Ground 1, but this is the sort of thing to get legal advice on. (I can’t give legal advice).
Hi Suzanne, very useful post.
I’d like to clarify with Section 8 Ground 1 landlord wanting to move back in: if tenant has been there for over 12 months you just give 4 months notice?
Thanks Gaynor
You’ll be able to give 4 months’ notice after 8 months, so that it expires at least 12 months after the tenant moves in. Do get legal advice before you serve the notice though!
if a limited company owns a flat, can possession be gained (after 12 months and notice ) by using section 8 (part 1) for the use of an employee and or a Director of the company ?
Ground 1 only applies to to the family of the landlord, and not employees (or the family of the shareholders or directors of the company).
Hi, Suzanne.
With the level of serious arrears increasing to 3 months for a S8, but 3 months must still exist at the time of the Hearing, what happens if the tenant pays, say, one week’s rent, thus reducing the arrears to less than 3 months?
Would a judge have the scope to see through this as a ploy by the tenant, and grant the S8, or would the S8 fail and the landlord be faced with starting all over again, or simply having to live with the reality they will always have these arrears?
Yes, and if you have good evidence that the tenant is playing the system, you can add the discretionary Ground 10 for rent arrears to your Section 8 notice. As always, get advice from a specialist solicitor who would argue that it is reasonable to evict the tenant in these circumstances.
Hello Suzanne,
Your video covering Sections 21 and 8 was very helpful, thank you.
I have a property that I rent to a lady. She has a 12 month AST agreement that runs until 7th July 2026. In July 2026 we want to put the property up for sale. I understand that the RRB comes into force on 1st May 26 but I am not sure how or when to serve notice to retake possession of the property and sell it. If I issue a Section 21 in mid-April it will come into force in mid-June, some 3 weeks earlier than the agreed end of the 12 month tenancy. Would this seem reasonable to you?
Thank you,
Chris H
I’m sorry, but I can’t give advice, beyond what’s here: https://theindependentlandlord.com/section-21-transition/. Given that this is the “last chance saloon” time with section 21, I urge you to appoint a solicitor to do it properly for you, otherwise you may find that either the notice is invalid or you don’t have enough time to apply to enforce it before 31 July.
hi Suzanne, if I want to sell my property and serve Section 8. does it have to go through the court, even if my tenant agrees to move when the 4 months notice period ends?
If the tenant moves out voluntarily, then you won’t need to go to court. It will be the same as when tenants move out now when they get a section 21 notice and move out without an order for possession.
Hi Suzanne,
I find your posts so helpful and easy to understand, so thank you.
My question relates to serving a S8 Notice under Ground 1a and the “restricted period”
If the property is sold and then the new owner decides to let the property then the restricted period doesn’t apply as this is a completely new landlord, but what if the current landlord gifts the property to a family member so they then become the new registered owner – would the resticted period still apply?
I don’t think it would apply, but be aware that CGT may be payable, and possibly stamp duty. You’ll also have legal fees. Also, you’d need to show it isn’t a gift with a reservation, and that they really are the new owner, who receives the income, otherwise there is a risk they might see it as a sham, as you are still the beneficial owner.
As always, this isn’t legal advice, and do get advice from a solicitor if you want to do this.
Hi Suzanne,
Thank you for providing all this information. It’s great.
Just on the 12 month “restricted period” part and when you can serve notice, I’m seeing quite a few interpretations of this and I’m not sure what is actually correct.
The most recent information I received is that if you have a previous AST in place, the 12-month restricted period starts from the 1st May as the tenancy is being converted and it is not a case of if 12 months has already passed on the previous AST then you can serve a section 8 notice to sell or move back in.
For example, if I had a two year fixed AST in place that started in September 2024 and I wanted to serve a section 8 notice on the 1st May to sell as that tenancy has already existed for 12 months, then I wouldn’t be able to as the 12 month “restricted period” of serving notice would start from the 1st May because the tenancy is being coverted.
Below is what i recieved:
The official implementation guidance and the phrasing around Section 4A (abolition of fixed terms) emphasise that existing tenancies become periodic. The “12-month protected period” for Grounds 1, 1A, and 1B explicitly applies to situations where the tenant has been in occupation for less than 12 months, OR for tenancies that convert on 1 May 2026, where the protected period starts from the conversion date. This suggests that the 12-month period for a converted tenancy resets or starts from 1 May 2026 for the application of Ground 1/1A/1B possession dates. For existing tenancies converting on 1 May 2026, the implementation roadmap specifies that the 12-month protection period begins from the conversion date of 1 May 2026 for the purpose of when possession can actually be obtained under Grounds 1, 1A, or 1B. This means that a possession date for these grounds cannot be before 1 May 2027 for a converted tenancy, regardless of its original start date.
Is the above correct or is it a case of if 12 months have passed on existing tenancies then you can serve the section 8 notice and it doesnt reset?
Due to the huge volume of questions I get, I only answer them in my membership, The Independent Landlord Hub, where I have content on this precise point. The short version is that the clock does NOT reset on 1 May.
Hi I am planning to use my breakclause in March and intent to sell. Will I have to give them notice again? Or how does it work? Thanks for your help.
You’ll need to serve a section 21 notice, but use a solicitor to make sure you do it correctly, as you soon won’t be able to do it again
Hi – I’m planning to sell my BTL in 2027, I told the current tenants this when they moved in two years ago. But they might well have forgotten. Should I include a written reminder that my plan remains and that I will be flexible with any future move out arrangements should they find something sooner rather than later – surely now it’s trickier to find rentals they might appreciate this long run up in order to find their best next home – or does this risk falling foul of new regulations?
Many thanks
Hi, so if a landlord is not in the database, he cannot issue a section 8 to evict a tenant, can he?
Is the database publicly available?
Thanks
It’s not yet been launched, so we don’t yet know.
Im seeking possession and a S21 was served in February and I’m currently in the process of initiating Court proceedings. The property is managed by a seemingly competent agent.
The tenancy dates from 2015 and consequently there is a lot of S21 related documentation ( GSCs, renewals etc etc). There is the possibility of a gap in documentation somewhere which could invalidate the S21 process.
Is there any why I can’t hedge by seeking possession under the RRA 26 S8 ground 1A provisions concurrently so that if for any reason the S21 is deemed not valid, time has not been lost?
Further the tenant appears to be subject to-letting and there is a risk that by doing so the house is an unauthorised 4 bed hmo, which exposes me to risk from the local authority notwithstanding that I have no control over this matter. Could a S8, ground 12 also be served concurrently with the S8, 1a in these circumstances notwithstanding that this is a “ discretionary” ground.
Thanks
This is a complicated subject and I unfortunately cannot give legal advice. The solicitor handling your possession claim is best placed to answer this. If you don’t have solicitors acting for you, you should. Agents are not qualified to give legal advice on possession claims.
Good afternoon,
After an unsolicited offer to buy my property that has a current tenant I accepted the offer and issued a section 8 through the managing agents. Contracts were due to be signed and exchanged this week, and the buyer has withdrawn from the sale. I am left with conveyancing fee’s. This was a well documented legitimate sale process that has fallen through. It was not my intention to sell in the first place, and I am happy to keep the property as a rental. Is there any mitigating circumstances that allows me to re-let the property if the current tenant does not want to stay as they are moving to a care home?
Unfortunately not. You won’t be able to re-let it for the restricted period. Here’s an indepth blog post here: https://theindependentlandlord.com/grounds-1a-1/
Hi Suzanne,
I have a pre-enactment AST with a tenant who does not have a UK guarantor, and the agreed payment term was full year’s rental at least 2 months prior to start of Year 2. Tenant now thinks the RRA invalidates this payment term, failed to prepay as agreed but simply pays a month’s rent (in advance of the relevant month). Any suggestion on what I can do?
I go through the rent in advance rules here, and rent in advance clauses for pre-RRA agreements are still valid: https://theindependentlandlord.com/rent-in-advance/
However, why would you insist they pay in advance for 2 years? Why not just accept rent each month? Your remedy is the same, ie Section 8 eviction for non-payment of rent. But isn’t that a sledgehammer to crack a nut?
Because the tenant is a foreign student with no UK guarantor
OK, but let’s play through what may happen. If they only pay on a monthly basis, then you’ll be able to issue a s8 notice on the grounds of serious rent arrears. The notice period is 4 weeks. Then you apply to the court. It may take 6 months to be heard and for bailiffs to be appointed, in which case you’re left with a void mid-way through the academic year.
They can also serve notice to quit at any time, and if they’ve pre-paid rent, you’ll need to reimburse the “unspent” rent.