Grounds for possession

With no-fault evictions gone, every eviction in England now needs a legal reason. The grounds are the complete list of those reasons — and knowing them is how tenants tell a lawful notice from an empty threat.

What is the difference between mandatory and discretionary grounds?

If a landlord proves a mandatory ground — such as Ground 1A (selling) or Ground 8 (serious rent arrears) — the court must order possession. With a discretionary ground, such as persistent delay in paying rent or breach of the tenancy agreement, the court only orders possession if it also considers it reasonable to do so, weighing the circumstances of both sides.

How much rent arrears is needed for Ground 8?

Since the Renters' Rights Act 2025 reforms, Ground 8 requires at least three months' arrears (or thirteen weeks for weekly or fortnightly rent) both when the notice is served and at the hearing, with a four-week notice period. Before the reforms the threshold was two months. Smaller arrears can still support the discretionary arrears grounds, Grounds 10 and 11.

Can my landlord use the selling or moving-in grounds straight away?

No. Grounds 1 (landlord or close family moving in) and 1A (selling) cannot take effect during the first twelve months of the tenancy, and both require at least four months' notice. After using them, the landlord is banned from re-letting or re-marketing the property for a restricted period — breaching that ban can lead to civil penalties of up to £40,000 and gives the former tenant a route to compensation.

Does a section 8 notice end my tenancy by itself?

No. The notice is only the first step. If you do not leave, the landlord must apply to court and prove the ground at a hearing, and only a court order — enforced, if necessary, by bailiffs with a warrant — actually ends the tenancy. Leaving is your choice at the notice stage, not an obligation.

What can I do if I think the ground is made up?

You can defend the possession claim. For example, if a landlord claims Ground 1A but has no genuine intention to sell, the court can refuse possession, and using a ground dishonestly can amount to an offence under the Renters' Rights Act 2025 framework with civil penalties. Evidence matters: listings, correspondence and timing can all undermine a claimed intention.

Do these grounds apply to every renter in England?

They apply to assured tenancies under the Housing Act 1988, which since 1 May 2026 covers the great majority of private renters in England. Different rules apply to excluded occupiers such as lodgers, to social tenancies in some respects, and to Wales and Scotland, which have their own systems.

Grounds for possession

Renters' Rights · Glossary

Grounds for possession

Last reviewed: August 2026

Renters' Rights track

Grounds for possession

are the statutory reasons, listed in Schedule 2 to the Housing Act 1988 as reformed by the Renters' Rights Act 2025, that a landlord in England must state in a section 8 notice and prove in court before a tenant can be evicted.

Where this comes from

Housing Act 1988, Schedule 2

— the list of grounds, as amended.

Renters' Rights Act 2025

— the reform that reshaped the grounds and abolished section 21.

Evicting tenants in England

— gov.uk guidance on the possession process.

Why the grounds now carry all the weight

Until 1 May 2026, most English evictions bypassed the grounds entirely: a landlord served a

and needed no reason at all. The Renters' Rights Act 2025 abolished that route along with assured shorthold tenancies. Now the

procedure — notice stating grounds, then a court hearing where those grounds must be proved — is the only way to end an assured tenancy against the tenant's will.

That shift makes the individual grounds, their thresholds and their notice periods the entire battleground of possession law. A notice that states no valid ground, gets the notice period wrong, or claims a ground the landlord cannot prove is a notice a tenant can challenge.

The process after the notice matters as much as the notice itself. If the tenant stays past the notice period, the landlord issues a possession claim, the tenant receives the papers and a defence form, and a hearing follows. The court can make an outright possession order, a suspended order on conditions such as paying current rent plus an amount off the arrears, or no order at all where the ground fails or discretion favours the tenant. Even after an outright order, only court bailiffs executing a warrant can physically enforce it.

The grounds that matter most

Ground 1 — landlord or family moving in (mandatory).
The landlord, their spouse or civil partner, or a close family member genuinely intends to live in the property as their main home. Four months' notice; cannot take effect in the first twelve months of the tenancy.
Ground 1A — selling (mandatory).
The landlord genuinely intends to sell with vacant possession. Same protections: four months' notice, unavailable in the first twelve months, and a re-letting ban afterwards, breach of which carries civil penalties of up to £40,000.
Ground 8 — serious rent arrears (mandatory).
At least three months' arrears (thirteen weeks if rent is weekly or fortnightly) both at notice and at hearing, with four weeks' notice. Arrears caused solely by delayed Universal Credit are treated with statutory care.
Grounds 10 and 11 — lesser or persistent arrears (discretionary).
Some arrears, or a pattern of late payment, where the court also asks whether eviction is reasonable.
Grounds 12 to 14 — breach and behaviour (discretionary).
Breaking tenancy terms, damaging the property, or antisocial behaviour — the last of which allows shorter notice.

How it works in practice

A tenant paying £950 per month falls behind after losing shifts. When the landlord serves a section 8 notice citing Ground 8, the arrears stand at £2,375 — two and a half months.

Mandatory ground made out?

The mandatory ground fails at the first hurdle — the arrears are below three months. The landlord could still plead discretionary Grounds 10 and 11, but then the court must consider reasonableness: the tenant's payment history, the cause of the arrears, and any repayment plan. A tenant who attends the hearing with a realistic repayment offer is in a far stronger position than one who ignores the claim.

Common misconceptions

“A notice means I must leave by the date on it.”
It does not. If you stay, the landlord must go to court and prove the ground. Nothing but a court order ends the tenancy, and only court-appointed bailiffs can carry out an eviction — anything else risks being an
“Mandatory means automatic.”
Mandatory means the court must order possession
if the ground is proved
. Thresholds, notice periods and genuine intention are all still contestable.
“The landlord says they are selling, so that is that.”
Ground 1A requires a genuine intention to sell, and the re-letting ban gives it teeth. A property back on the rental market weeks later is evidence something was wrong — and can lead to penalties.
“Small arrears cannot lead to eviction.”
They cannot satisfy Ground 8, but discretionary grounds remain available — reaching a repayment agreement early is still the safest course.

Frequently asked questions

Sources & further reading

Housing Act 1988, Schedule 2
(legislation.gov.uk)
Renters' Rights Act 2025
Evicting tenants in England

Received a section 8 notice?

Start My Claim helps you check the ground, the notice period and your options before the court stage.

Last reviewed: August 2026.

References checked against Schedule 2 Housing Act 1988 as amended, in force 3 August 2026.

This page is explanatory only and is not legal advice. Start My Claim is self-service software, not a law firm — its tools help you build and run your own case.