From 1 May 2026, Section 21 "no-fault" evictions are abolished. Every possession claim in England now goes through Section 8 of the Housing Act 1988, as expanded and amended by the Renters Rights Act 2025. The count of grounds has grown from the old 21 to 37 grounds, many with new or altered notice periods.
This guide is the full 2026 matrix: mandatory vs discretionary, notice period, RRA change (new, amended, unchanged), plus the compliance pre-conditions that block possession even when the ground is made out.
Check the Grounds for Possession: Guidance for Landlords and Letting Agents on GOV.UK for the official list and live updates. This article mirrors that guidance as of 18 April 2026.
Mandatory grounds (court MUST grant possession if proven)
| # | Ground | Notice period | RRA change | Key pre-condition |
|---|---|---|---|---|
| 1 | Landlord/family occupation | 4 months | Amended — cannot use in first 12 months | Deposit protected, PRS registered |
| 1A | Sale of property | 4 months | New — cannot use in first 12 months, no re-let for 12 months | Same as Ground 1 |
| 1B | Social housing rent-to-buy | 4 months | New (narrow use) | Specialist scheme |
| 2 | Mortgagee power of sale | 4 months | Amended notice | Notice given before tenancy, evidenced |
| 2ZA | Same — compulsory purchase | 4 months | New | Public authority notice evidence |
| 6 | Substantial redevelopment | 4 months | Amended notice | Genuine works + alternative accommodation test |
| 6A | Compliance with enforcement/licensing | 4 months | New | Council/court notice evidenced |
| 6B | Superior lease expiry | 4 months | New | Superior lease evidence |
| 7 | Death of tenant, no succession | 2 months | Unchanged | Death certificate, succession check |
| 7A | Serious anti-social behaviour | Immediate | Amended | Conviction/court finding evidenced |
| 7B | No right to rent (Home Office) | 2 weeks | Unchanged | Home Office referral evidence |
| 8 | Serious rent arrears | 4 weeks | Amended — 13 weeks/3 months arrears (was 2 months), UC delays excluded | Deposit protected, rent valid under s.13 |
| 14A | Domestic abuse (social landlord) | Immediate | Unchanged | Social landlord only |
Common compliance pre-conditions that block every mandatory ground except 7A/14:
Discretionary grounds (court decides if reasonable)
| # | Ground | Notice period | RRA change |
|---|---|---|---|
| 9 | Suitable alternative accommodation | 2 months | Unchanged |
| 10 | Any rent arrears | 4 weeks | Unchanged |
| 11 | Persistent rent arrears | 4 weeks | Unchanged |
| 12 | Breach of tenancy agreement | 2 weeks | Unchanged |
| 13 | Waste, neglect, deterioration | 2 weeks | Unchanged |
| 14 | Anti-social behaviour | Immediate | Amended |
| 14ZA | Rioting convictions | Immediate | New |
| 15 | Damage to furniture | 2 weeks | Unchanged |
| 16 | Ex-employee tenancy | 2 months | Unchanged |
| 17 | Misrepresentation by tenant | 2 weeks | Unchanged |
| 18 | Supported housing breach | 4 weeks | New |
Discretionary grounds require you to show the court that eviction is reasonable. Judges weigh: tenant's personal circumstances, length of tenancy, landlord's compliance history, offer of alternative accommodation.
Ground 8 in depth (most common used ground)
Ground 8 is the only mandatory ground for rent arrears. Under the RRA 2026 rules:
If arrears drop below 3 months before the hearing (e.g., tenant pays £500 the day before court), the mandatory element is lost. You can still proceed on discretionary Ground 10/11 but the court has to decide it's reasonable.
What the court expects to see
Common reasons possession is refused
FAQs
Can I still use Ground 1 (landlord moving in) immediately after 1 May 2026?
Only if the tenancy started more than 12 months ago. For tenancies starting after commencement, you must wait 12 months from the tenancy start.
If I use Ground 1A (sale), when can I re-let?
You cannot re-let or market the property for 12 months after the possession date. Breach is a civil penalty offence.
Are accelerated possession proceedings still available?
No — accelerated possession (the paperwork-only fast track used for Section 21) is abolished. Every Section 8 case now requires a court hearing.
How long from serving a Section 8 to actual possession?
Realistic 2026 timings: Ground 8 (rent arrears) typical 4–5 months notice to physical possession; Ground 1/1A typical 6–7 months; complex discretionary cases 7–9 months.
Where to go next
Start your 14-day LetCompliance trial to keep Gas Safety, EICR, EPC, deposit protection and How to Rent evidence tied to each tenancy — the bundle courts ask for under RRA 2026.
Frequently asked questions
How many Section 8 grounds exist after the Renters Rights Act 2025?
The count rises from the old 21 to 37 grounds under the RRA 2025. New or substantially amended grounds include 1A (sale), 2ZA (compulsory purchase), 6A (compliance/licensing), 7A (serious anti-social behaviour — immediate), and 8 (rent arrears — now 13 weeks / 3 months, 4-week notice).
What is the new notice period for rent arrears (Ground 8)?
Under the RRA 2026, Ground 8 requires at least 3 months (or 13 weeks) of arrears at both the date of the Section 8 notice and the hearing date, with a 4-week notice period. Universal Credit delays are expressly excluded from the arrears calculation.
Can I use Ground 1 (landlord moving in) immediately after 1 May 2026?
Only if the tenancy started more than 12 months ago. For any tenancy starting after RRA commencement, you must wait 12 months from the tenancy start. Ground 1A (sale) has the same 12-month wait, plus a 12-month no-re-let rule after possession.
Are accelerated possession proceedings still available?
No — accelerated possession (the paperwork-only fast track used for Section 21) is abolished. Every Section 8 case now requires a full court hearing. Realistic 2026 timings: Ground 8 arrears case 4–5 months notice to physical possession; Ground 1/1A 6–7 months.