Section 21 is abolished. From 1 May 2026, every possession claim in England starts and ends with Section 8 of the Housing Act 1988. The grounds are in Schedule 2 of the Act, expanded by the Renters’ Rights Act 2025 with new mandatory grounds (landlord sale, landlord moving in) and strengthened anti-social behaviour grounds.
This is a higher-stakes regime than Section 21. No more no-fault evictions — every claim must fit a specific ground, backed by evidence, served on the correct form (Form 3A) with the correct notice period, and survived through a contested court hearing.
This guide walks through the original grounds 1 to 17 plus the grounds the RRA added, what each requires, what notice period applies, what evidence the court wants, which ones courts actually grant, and the common mistakes that kill a notice before it reaches hearing.
Not legal advice. For a specific case, instruct a housing solicitor. Legal Aid is available to many tenants; most landlords pay privately. Getting a Section 8 wrong can mean months of lost rent and an adverse costs order.
Mandatory vs discretionary grounds
Mandatory grounds (1, 2, 5, 6, 6A, 7, 7A, 7B, 8): If the facts are proven at hearing, the court must grant possession. No judicial discretion.
Discretionary grounds (9, 10, 11, 12, 13, 14, 14A, 15, 16, 17): The court may grant possession if it is reasonable to do so. The judge weighs the landlord’s case against the tenant’s circumstances (dependents, vulnerability, length of tenancy, effect of eviction).
Key practical point: You can and usually should cite multiple grounds in one notice — mandatory first, discretionary as backup. If Ground 8 (rent arrears) is defeated by the tenant paying down before hearing, Grounds 10 and 11 (discretionary) can still secure possession.
Ground 1: Landlord (or prior landlord’s spouse) wants to move in
Type: Mandatory. Notice period: 4 months. Bar: Cannot be used in the first 12 months of the tenancy (and you cannot re-let or re-market the property for 12 months after the possession date).
Ground 1 applies where the landlord, the landlord’s spouse or civil partner, or (under RRA 2025 amendments) a wider category of close family member wants to occupy the property as their principal home.
Requires: Either (a) prior written notice at the start of the tenancy that possession may be sought on Ground 1, OR (b) the court decides it is just and equitable to dispense with that requirement.
Common traps:
Courts grant it when: Evidence is strong (signed declaration, corroboration from family) and prior notice was served.
Ground 2: Mortgage lender seeking possession
Type: Mandatory. Notice period: 4 months (raised from 2 months by the Renters’ Rights Act 2025).
Applies where the landlord has a buy-to-let mortgage and the lender has exercised a power of sale (usually triggered by landlord default on mortgage payments).
Requires: Mortgage pre-dates the tenancy; prior written notice to the tenant at tenancy start that Ground 2 might apply; the lender has actually started possession proceedings against the landlord.
Who uses it: Very rare in practice. Usually relevant when a landlord goes bankrupt and the lender takes over.
Ground 5: Property needed for minister of religion
Type: Mandatory. Notice period: 2 months.
Property held for occupation by a minister of religion performing their duties. Narrow, sector-specific ground.
Who uses it: Church, ecclesiastical trusts. Not relevant to the typical BTL landlord.
Ground 6: Redevelopment requiring vacant possession
Type: Mandatory. Notice period: 4 months (raised from 2 months by the Renters’ Rights Act 2025).
The landlord intends substantial work of construction, demolition or reconstruction which cannot reasonably be carried out with the tenant in situ.
Requires:
Courts grant it when: Planning permission is in place and a building contract is signed. A vague intent to “do the place up” will fail.
Ground 1A: Landlord selling the property (NEW under RRA 2025)
Type: Mandatory. Notice period: 4 months. Bar: Cannot be used in the first 12 months of the tenancy.
The Renters’ Rights Act 2025’s headline new mandatory ground. Allows the landlord to recover possession to sell the property with vacant possession.
Requires:
Courts grant it when: Landlord produces an estate agent’s marketing agreement, or a signed sale contract conditional on vacant possession.
Why it matters: Along with Ground 1 (moving in), this is the replacement for Section 21 for legitimate “I need my property back” cases. Get the facts right and it is robust. Get them wrong and you’re looking at a retaliatory eviction defence and a long hearing.
Ground 7: Death of the tenant
Type: Mandatory. Notice period: 2 months.
Applies where the tenant has died and the tenancy has devolved on a new tenant under a will or intestacy.
Requires: Possession proceedings begun within 12 months of the death — not merely the notice served — or within 12 months of the date the court finds the landlord became aware of the death.
Important: If the new tenant was already living there as their only or principal home immediately before the death, the court cannot order possession on this ground unless the tenancy had previously devolved under a will or intestacy, or it is a “special tenancy” (social housing, rent-to-buy, supported accommodation, or a s.193 homelessness placement).
Ground 7A: Serious anti-social behaviour
Type: Mandatory. Notice period: As little as immediate service is possible (for the most serious convictions).
One of the strongest grounds. Applies where the tenant (or a visitor) has been convicted of a serious anti-social behaviour offence.
Requires any one of:
Courts grant it when: The conviction, finding or order is clearly evidenced and final. The ground is not met while an appeal against it is still outstanding, or if the appeal overturns it.
Ground 7B: No right to rent
Type: Mandatory. Notice period: 2 weeks.
Applies where the Home Office has served a notice on the landlord identifying the tenant, or another occupier aged 18 or over, as disqualified from occupying the property because of their immigration status.
Requires: Home Office notice in writing; the people named in it are in fact disqualified. A person is not disqualified if they are a British or Irish citizen, hold EU Settlement Scheme leave, have a right to rent, or have been granted permission by the Home Office to occupy.
Who uses it: Rare in practice. The Home Office issues these notices to landlords proactively.
Ground 8: Rent arrears of 3+ months (or 13+ weeks)
Type: Mandatory. Notice period: 4 weeks (raised from 2 weeks by the Renters’ Rights Act 2025).
The single most-used Section 8 ground. If rent is paid monthly, arrears must be at least three months at both the date of service of the notice and the date of the hearing.
Requires:
Common killer: Tenant pays the arrears down below 3 months before the hearing. Mandatory grant is lost. This is why Ground 8 should always be pleaded with Grounds 10 and 11.
Courts grant it when: Rent statement is clean and the tenant has no valid defence (e.g. disrepair counterclaim that reduces the arrears). Ground 8 is almost bullet-proof on clean facts.
Ground 9: Suitable alternative accommodation
Type: Discretionary. Notice period: 2 months.
The landlord offers suitable alternative accommodation to the tenant.
Requires: Alternative property is suitable by reference to the tenant’s needs (size, proximity to work/school, rent similarity). The court decides.
Who uses it: Portfolio landlords who need a specific property back and have another to offer.
Ground 10: Any rent arrears
Type: Discretionary. Notice period: 2 weeks.
Any arrears at service and at hearing, however small. Used as backup to Ground 8 in case the tenant pays down.
Courts grant it when: Arrears exist and the tenant has no defence. Discretion favours possession where the landlord has been patient.
Ground 11: Persistent late payment
Type: Discretionary. Notice period: 2 weeks.
The tenant has persistently delayed payment even where arrears are nil at service.
Requires: Evidence of repeated late payments over a sustained period (6+ months of consistent lateness).
Who uses it: Paired with Ground 10 in arrears cases where the tenant catches up intermittently but always late.
Ground 12: Breach of tenancy agreement
Type: Discretionary. Notice period: 2 weeks.
Tenant has breached an obligation under the tenancy agreement.
Requires: A clear contractual obligation (no pets, no subletting, no business use, keep property clean); evidence of breach; evidence that breach is serious enough to warrant possession.
Who uses it: Unauthorised subletting, business use of a residential let, unauthorised pets (subject to Renters’ Rights Act pet rules), damage to the property.
Ground 13: Damage or neglect of the property
Type: Discretionary. Notice period: 2 weeks.
The tenant, or a person living with the tenant, has caused damage or neglect that is deteriorating the property.
Requires: Photographs, inventory comparisons, surveyor report. The damage must be beyond fair wear and tear.
Ground 14: Nuisance or annoyance
Type: Discretionary. Notice period: Immediate service possible (no waiting period).
The tenant, person living with the tenant, or a visitor has been causing nuisance or annoyance to someone else (neighbours, other occupiers, landlord, agent, or anyone in the locality).
Requires: Diarised incidents with dates, witness statements, police reports, council noise-nuisance records. Ground 14 is powerful but evidence-intensive.
Courts grant it when: Evidence is well-documented and persistent. A single incident rarely suffices.
Ground 14A: Domestic violence
Type: Discretionary. Notice period: 2 weeks.
A joint tenant has left the property due to domestic violence by the remaining tenant, and the remaining tenant is unlikely to return.
Who uses it: Social landlords mostly. Some PRS application in joint-tenant scenarios.
Ground 15: Deterioration of furniture
Type: Discretionary. Notice period: 2 weeks.
Furniture provided by the landlord has been damaged or neglected.
Requires: Inventory at tenancy start, inventory at the time of notice, evidence that damage is caused by the tenant. Low use in practice.
Ground 16: Property tied to employment
Type: Discretionary. Notice period: 2 months.
Property was let to the tenant because they were employed by the landlord; that employment has ended.
Who uses it: Agricultural, hospitality, healthcare (live-in staff tenancies).
Ground 17: Tenancy obtained by fraud
Type: Discretionary. Notice period: 2 weeks.
The tenancy was obtained by a false statement made knowingly or recklessly by the tenant.
Requires: Evidence of the false statement (fake references, falsified income, hidden convictions) and that the landlord relied on it.
New RRA 2025 grounds (verify current SI)
The Renters’ Rights Act 2025 creates new mandatory grounds expected to include:
Important: The exact numbering, wording and bars for the new RRA grounds are set by secondary legislation. Verify on legislation.gov.uk before serving any notice citing a new ground.
The operational playbook
1. Choose the ground(s) before drafting the notice
Map the facts to the Schedule 2 list. Consider:
2. Calculate the notice period correctly
The notice period is set by the longest required period of any ground cited. Mixing a 2-week ground with a 2-month ground → serve on 2 months.
3. Use the current Form 3A
The Form 3A prescribed under the Assured Tenancies and Agricultural Occupancies (Forms) (England) Regulations 2015 (as amended by the RRA 2025 SIs) must be current. An outdated form can invalidate the notice. Download fresh from GOV.UK every time.
4. Serve correctly on all named tenants
Every named tenant must be served. First-class post, email (if permitted in tenancy), hand-delivery with witness, or process server. Log the method and keep proof.
5. Gather evidence before hearing
For each ground cited, prepare a bundle:
6. Consider mediation
Pre-Action Protocol for Housing Disrepair and the Pre-Action Protocol for Possession Claims encourage mediation before court. A settled tenancy with a deed of surrender can be quicker and cheaper than a hearing.
Related reading
Start a 14-day LetCompliance trial to use the Section 8 builder with ground-selector, evidence-tracker and service-proof log.
Section 21 → Section 8 Transition Map (2026)
Section 21 was abolished on 1 May 2026. Map every active S21 / Form 6A scenario onto a valid Section 8 ground with this 2-page transition guide.
- Pre-1 May 2026 Form 6A — still valid? Decision tree
- Map every S21 trigger to a Section 8 mandatory / discretionary ground
- Ground 8 (rent arrears) — 13-week threshold under RRA 2025
- Top 5 evidence packs courts now expect for possession
Frequently asked questions
Which Section 8 ground is most commonly granted by courts?
Ground 8 (rent arrears of at least three months at both service and hearing, raised from two months by the Renters’ Rights Act) is the most commonly granted mandatory ground — if the facts are met, the court must order possession. Grounds 10 and 11 (any rent arrears and persistent late payment, both discretionary) are often pleaded alongside Ground 8 in case the tenant pays off arrears before the hearing. Discretionary grounds give the court wider scope but no guarantee.
What are the new Section 8 grounds introduced by the Renters Rights Act 2025?
The Act introduces new mandatory grounds including landlord selling the property and landlord or close family moving in, plus strengthened anti-social behaviour grounds. There is typically a 12-month bar after the tenancy starts before a landlord can use these new grounds, and a 3-month notice period. The exact wording and bars are in the current SI — verify before serving.
Can I combine multiple Section 8 grounds in one notice?
Yes — it’s common and recommended. A single Form 3A can cite multiple grounds (mandatory and discretionary). The court will consider each separately. The notice period is set by the longest period required by any ground you cite, so if you mix a 2-week ground with a 2-month ground, you serve on the 2-month timeline.
What invalidates a Section 8 notice?
Common killers: (1) Wrong ground cited for the facts; (2) Incorrect notice period (grounds have different minimums under the Renters’ Rights Act, commonly 4 weeks for rent arrears and anti-social behaviour and 4 months for the landlord-occupation and sale grounds); (3) Failure to serve on all named tenants; (4) Missing prescribed information in the notice (particulars of the ground); (5) Serving before statutory bars have expired; (6) For rent arrears, the tenant paying down below the 3-month threshold before hearing (Ground 8 only).