Section 8 Grounds Overview

Section 8 Grounds Overview

Section 21 is abolished under the Renters' Rights Act 2024 (in force from 1 May 2026). Section 8 is now the only route to possession for assured tenancies. This guide summarises the key grounds, notice periods and evidence required.

⚠️ Always verify notice periods and prescribed form requirements against the current Form 3 (Notice Seeking Possession) before serving — MHCLG updates the prescribed form periodically.

Mandatory Grounds — Court Must Grant Possession if Proved:

• Ground 1 — Landlord or close family member intends to occupy as only or principal home. Notice: 4 months. Cannot use in first 12 months of tenancy. Evidence: written statement of intention; evidence of family relationship.
• Ground 1A — Landlord intends to sell the property. Notice: 4 months. Cannot use in first 12 months. Evidence: estate agent instruction or other marketing evidence.
• Ground 6A — Property required for redevelopment under planning permission. Notice: 4 months. Evidence: planning permission; developer's confirmation.
• Ground 7A — Serious anti-social behaviour (conviction for relevant offence, breach of injunction, noise abatement notice, closure order). Notice: 4 weeks. Evidence: court order, conviction certificate, or council notice.
• Ground 8 — At least 2 months' rent arrears at date of notice AND at date of hearing. Notice: 4 weeks. Evidence: rent statement showing arrears at both dates.
• Ground 8A — Repeated serious rent arrears (3 or more occasions of 2+ months' arrears in the preceding 3 years). Notice: 4 weeks. Evidence: rent statement showing the pattern of arrears.

Discretionary Grounds — Court May Grant Possession if Reasonable:

• Ground 10 — Some rent unpaid at date of notice and date of proceedings. Notice: 2 weeks. Evidence: rent statement.
• Ground 11 — Persistent late payment even if not currently in arrears. Notice: 2 weeks. Evidence: rent statement showing pattern of late payment.
• Ground 12 — Breach of tenancy agreement (other than rent). Notice: 2 weeks. Evidence: tenancy agreement; evidence of breach.
• Ground 13 — Deterioration of property or furniture through neglect or default. Notice: 2 weeks. Evidence: inventory; photographs; inspection reports.
• Ground 14 — Nuisance, annoyance, illegal or immoral use. Notice: 2 weeks. Evidence: ASB log; neighbour statements; police records.
• Ground 17 — Tenancy obtained by false statement made knowingly or recklessly. Notice: 2 weeks. Evidence: referencing documents; proof of misrepresentation.

Key Rules:

• The notice must be on the current prescribed form (Form 3) and specify the ground(s) relied on
• Errors in the notice (wrong date, wrong ground, wrong form) invalidate it — start again
• For mandatory grounds, the court must grant possession if the ground is proved
• For discretionary grounds, the court also considers whether it is reasonable to grant possession
• Always serve on all named tenants and keep proof of service
• The notice period runs from the date of service, not the date of the notice