The Section 8 grounds table: every ground, notice period and evidence

· 9 min read

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.

Mandatory grounds — the court must order possession if proved

GroundForNoticeWhat you must show
1Landlord or family occupation4 monthsGenuine intention to occupy. Not usable in the first 12 months.
1ASale of the property4 monthsIntention 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–2ZDSuperior lease ending4 monthsNarrow: specific landlord types, and 2ZB/2ZD only for leases over 21 years.
4AStudent HMO, new academic year4 monthsHMO let to students; possession sought between June and September.
6Redevelopment or demolition4 monthsIntended works that cannot be done with the tenant in place.
6ADecant accommodation4 monthsRelevant social landlords only.
7Death of the tenant2 monthsCannot be used more than 12 months after death, save in special circumstances. See death of a tenant.
7ASevere anti-social or criminal behaviourNoneA relevant conviction or finding. No order until 14 days after notice.
7BNo right to rent2 weeksHome Office notice. England only.
8Serious rent arrears4 weeks3+ 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

GroundForNoticeWhat you must show
10Any rent arrears4 weeksSome arrears at notice and at hearing. No threshold, but the court weighs reasonableness.
11Persistent late payment4 weeksA pattern, not a balance. Works where the tenant always pays eventually.
12Breach of a tenancy term2 weeksThe term, the breach, and that you asked for it to stop.
13Deterioration of the property2 weeksDamage by act or neglect of the tenant or a visitor.
14Anti-social behaviourNoneNuisance or annoyance, or a relevant conviction. No order until 14 days after notice.
14ADomestic abuse2 weeksSocial landlords only.
17False statement2 weeksTenancy 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

Compliance preconditions still gate possession: deposit protected and prescribed information served, the required documents given, and the property licensed where it must be. 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.

Sources

Figures about our own council records are computed when this page is built, so they cannot drift from the database. Information tool, not legal advice.

Read next

Section 21 is gone: what Section 8 possession actually requires now8 min readRent arrears step by step: the sequence, and what to log from day one8 min readSelling a tenanted property: Ground 1A and the 12-month restrictions8 min readSection 173 notices: Wales kept a no-fault route7 min read

Check a specific property. Look up your council's licensing position across all 318 councils, run the free compliance check — five questions, no sign-up — or check a document with the tenancy agreement checker.

Landlord HQ uses AI to analyse legislation and tenancy agreements. While we work hard to ensure accuracy, AI can make mistakes. Always verify compliance requirements with a qualified solicitor. Landlord HQ is an information tool, not legal advice.

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