Mandatory Ground
A ground for possession under Schedule 2 of the Housing Act 1988 that the court must grant if proved. Examples include Ground 1 (landlord moving in), Ground 1A (sale) and Ground 8 (serious arrears). Contrast discretionary grounds, where the court decides if possession is reasonable.
At a glance
- Examples
- Ground 1 (landlord moving in), 1A (sale), 8 (serious arrears)
- Court discretion
- None if proved
- Contrast
- Discretionary grounds 9–17
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Open full guideWhy Mandatory Ground matters for landlords
Mandatory grounds give the best possession certainty because the court must grant the order if the ground is proved. But each has its own evidence bar and notice period — Ground 1A (sale) requires genuine intention to sell, and a landlord who re-lets within 12 months of a Ground 1A possession can be sued. Picking the right ground is the single most important decision in a post-RRA Section 8 claim.
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Official sources
LetCompliance editorial reviews this entry every quarter against the sources above. Always confirm specific duties with a qualified solicitor or your local council.
Related terms
Schedule 2 (Housing Act 1988 Possession Grounds)
The schedule of statutory grounds a landlord uses to seek possession of an assured / assured shorthold tenancy under Section 8. Grounds 1–8 are mandatory (court must grant possession if proven): includes ground 1 (landlord-occupier intent), ground 1A (landlord sale, post-RRA 2025), ground 8 (3+ months rent arrears post-RRA 2025), ground 14 (anti-social behaviour). Grounds 9–17 are discretionary (court considers reasonableness): includes ground 11 (persistent late payment) and ground 12 (breach of tenancy). Choice of ground sets the notice period and the burden of proof.
Additional Licensing
A discretionary HMO licensing scheme a council can introduce under section 56 of the Housing Act 2004 to cover smaller HMOs that fall below the mandatory five-person, three-storey threshold. It is separate from selective licensing (which covers all rented homes in a designated area, not just HMOs). Operating an unlicensed HMO where additional licensing applies is a criminal offence with civil penalties up to £30,000 and exposure to a Rent Repayment Order of up to 24 months’ rent.
Arrears (Rent Arrears)
Unpaid rent that is past its due date. Ground 8 of Schedule 2 to the Housing Act 1988 (mandatory) requires at least 3 months of rent arrears under the Renters Rights Act 2025 (previously 2 months). Grounds 10 and 11 remain as discretionary grounds.
HMO (House in Multiple Occupation)
A property let to 3 or more people from 2 or more households who share facilities (kitchen, bathroom, toilet). Any HMO with 5 or more occupants from 2 or more households needs a mandatory HMO licence from the local authority. Many councils also operate additional licensing for smaller HMOs.
Landlord Licensing
Local authority schemes that require landlords to hold a licence to let property in a defined area. Three types: mandatory HMO licensing (national), additional licensing (smaller HMOs), and selective licensing (non-HMOs). Operating without a required licence carries fines up to £30,000 and can invalidate possession claims.
Property Redress Scheme
A government-approved ombudsman scheme for property-related complaints. Letting agents in England must be members of a redress scheme (The Property Ombudsman or Property Redress Scheme). The Renters Rights Act 2025 extends mandatory redress to private landlords.