Scope: England. The Renters’ Rights Act 2025 (c.26) amends Schedule 2 of the Housing Act 1988 for England; Wales runs a separate regime and retains section 173. Verified against gov.uk possession guidance on 10 August 2026.
This is the reference companion to what Section 8 actually requires, which explains how possession works now. This page is the table you come back to.
The ground is only half of it — the notice has to be on the right form. For a privately rented assured tenancy in England, a section 8 notice given on or after 1 May 2026 must use Form 3A, “Notice seeking possession of a property let on an assured tenancy or an assured agricultural occupancy in the private rented sector”, prescribed by the Assured Tenancies (Private Rented Sector) (Prescribed Forms and Transitional Provisions) (England) Regulations 2026. The legal wording for each ground you are relying on goes in box 4.2 of that form; gov.uk publishes the full wording for every ground as a separate document, and a ground stated in your own words is the kind of defect that loses a hearing.
Mandatory grounds — the court must order possession if proved
| Ground | For | Notice | What you must show |
|---|
| 1 | Landlord or family occupation | 4 months | Genuine intention to occupy. Not usable in the first 12 months. |
| 1A | Sale of the property | 4 months | Intention to sell the freehold or leasehold, or grant a lease over 21 years. Not usable in the first 12 months. See selling a tenanted property. |
| 2ZA–2ZD | Superior lease ending | 4 months | Narrow: specific landlord types, and 2ZB/2ZD only for leases over 21 years. |
| 4A | Student HMO, new academic year | 4 months | HMO let to students; possession sought between June and September. |
| 6 | Redevelopment or demolition | 4 months | Intended works that cannot be done with the tenant in place. |
| 6A | Decant accommodation | 4 months | Relevant social landlords only. |
| 7 | Death of the tenant | 2 months | Cannot be used more than 12 months after death, save in special circumstances. See death of a tenant. |
| 7A | Severe anti-social or criminal behaviour | None | A relevant conviction or finding. No order until 14 days after notice. |
| 7B | No right to rent | 2 weeks | Home Office notice. England only. |
| 8 | Serious rent arrears | 4 weeks | 3+ months' arrears (monthly) or 13+ weeks (weekly/fortnightly), at notice AND at hearing. See rent arrears step by step. |
Discretionary grounds — the court decides whether it is reasonable
| Ground | For | Notice | What you must show |
|---|
| 10 | Any rent arrears | 4 weeks | Some arrears at notice and at hearing. No threshold, but the court weighs reasonableness. |
| 11 | Persistent late payment | 4 weeks | A pattern, not a balance. Works where the tenant always pays eventually. |
| 12 | Breach of a tenancy term | 2 weeks | The term, the breach, and that you asked for it to stop. |
| 13 | Deterioration of the property | 2 weeks | Damage by act or neglect of the tenant or a visitor. |
| 14 | Anti-social behaviour | None | Nuisance or annoyance, or a relevant conviction. No order until 14 days after notice. |
| 14A | Domestic abuse | 2 weeks | Social landlords only. |
| 17 | False statement | 2 weeks | Tenancy induced by a knowingly or recklessly false statement. |
The four things landlords get wrong
1. Mandatory does not mean automatic
It means the court has no discretion once the ground is proved. Proving it is entirely on you, and a mandatory ground pleaded on thin evidence fails like any other.
2. The 12-month protected period on Grounds 1 and 1A
You may serve notice at any time, but it cannot expire before the first 12 months of the tenancy have run. In practice that means giving more than four months' notice early in a tenancy.
3. The re-letting restriction that follows Grounds 1 and 1A
Having used either ground, you must not market or re-let the property within the restricted period — 12 months — unless an exception applies or you took all reasonable steps not to. Using the sale ground and then re-letting is the enforcement target, not an edge case.
4. Ground 8's double test
The arrears must be at the threshold when the notice is served and again at the hearing. A tenant who pays a month down before the hearing defeats it. Plead Grounds 10 and 11 alongside 8 as a matter of course.
Notice periods, sorted
- None: 7A, 14 (no order until 14 days after notice)
- 2 weeks: 7B, 12, 13, 14A, 17
- 4 weeks: 8, 10, 11
- 2 months: 7
- 4 months: 1, 1A, 2ZA–2ZD, 4A, 6, 6A
Before any of it works
Deposit protection still gates possession. Section 26 of the Renters' Rights Act 2025 amended section 215 of the Housing Act 2004 so that an unprotected deposit, or unserved prescribed information, blocks a possession order — except on Grounds 7A and 14. That precondition survived the abolition of section 21; it did not die with it.
Licensing is a different matter, and we are not going to overstate it. Sections 75 and 98 of the Housing Act 2004 barred a section 21 notice while a property was unlicensed, and both were repealed on 1 May 2026. We have not been able to establish a provision making licensing status a direct bar to a possession order under the amended section 8 regime, so we do not claim one. Letting unlicensed remains a section 72 offence with a civil penalty of up to £40,000 and a rent repayment order of up to two years' rent — and bringing a possession claim on an unlicensed property puts that squarely in front of the court. See the landlord checklist.
The agreement is the first thing the court reads. The agreement checker cites every finding to the Act and section.
Information tool, not legal advice. Possession is fact-specific and procedurally strict; take advice before serving notice.
Common questions
What are the Section 8 grounds after the Renters' Rights Act?
Mandatory grounds include 1 (landlord occupation), 1A (sale), 2ZA-2ZD (superior lease ending), 4A (student HMO), 6 (redevelopment), 6A (decant), 7 (death of tenant), 7A (severe anti-social behaviour), 7B (no right to rent) and 8 (serious arrears). Discretionary grounds include 10 and 11 (arrears and persistent late payment), 12 (breach), 13 (deterioration), 14 and 14A (anti-social behaviour and domestic abuse) and 17 (false statement).
How much notice for each possession ground?
Four months for grounds 1, 1A, 2ZA-2ZD, 4A, 6 and 6A. Two months for ground 7. Four weeks for the arrears grounds 8, 10 and 11. Two weeks for 7B, 12, 13, 14A and 17. No notice period for 7A and 14, though no order can issue until 14 days after the notice.
What is the difference between mandatory and discretionary grounds?
On a mandatory ground the court must order possession once the ground is proved; on a discretionary ground it must also be satisfied that possession is reasonable. Mandatory does not mean automatic — proving the ground is entirely on the landlord.
Can I use the sale ground straight away?
No. Grounds 1 and 1A cannot take effect in the first 12 months of the tenancy — you may serve notice earlier, but it cannot expire before that period has run. Having used either ground you also must not market or re-let the property for 12 months afterwards, unless an exception applies.