Section 8 Possession Grounds from 1 May 2026: The Complete Landlord Guide

What is Section 8?

Section 8 of the Housing Act 1988 allows landlords to seek possession of a property by proving specific grounds. With Section 21 abolished, Section 8 is now the only route for landlords to regain possession. See our Section 21 abolition guide for details on the transition.

Mandatory vs Discretionary

Mandatory grounds mean the court must grant possession if the landlord proves the ground applies. Discretionary grounds mean the court considers whether it's reasonable to grant possession, even if the ground is proved.

The key grounds

Mandatory Grounds

Ground	Reason	Notice Period
1	Landlord or family member needs to move in	4 months
1A	Landlord intends to sell the property	4 months
2	Mortgage lender requires possession	4 months
7A	Severe antisocial or criminal behaviour	Immediate
7B	Tenant has no right to rent (immigration)	2 weeks
8	Serious rent arrears (3+ months)	4 weeks

Discretionary Grounds

Ground	Reason	Notice Period
10	Any amount of rent arrears	4 weeks
11	Persistent late payment of rent	4 weeks
12	Breach of tenancy terms (non-rent)	2 weeks
14	Antisocial behaviour or nuisance	Immediate

Ground 1 — Landlord moving in

You or a close family member (parent, grandparent, child, grandchild, sibling) needs to live in the property. You must give 4 months' notice and this ground cannot be used in the first 12 months of a tenancy.

Ground 1A — Sale of property (NEW)

This is a new ground introduced by the RRA 2025. If you intend to sell the property, you can seek possession with 4 months' notice. Cannot be used in the first 12 months. After using this ground, you cannot re-let the property for 12 months.

Ground 8 — Serious rent arrears

The tenant must owe at least 3 months' rent (increased from 2 months under the old rules). The arrears must exist both when you serve the notice AND at the court hearing. This ground is available in the first 12 months.

Note: partial payments count — if the tenant owes £1,800/month and has paid £100 for 3 months, the arrears total is £5,100 (3 × £1,800 - 3 × £100), which exceeds the 3-month threshold of £5,400... so check the maths carefully.

Ground 14 — Antisocial behaviour

For nuisance, annoyance to neighbours, or illegal activity. Court proceedings can begin immediately — no notice period required. However, the court order cannot take effect sooner than 14 days after notice is served.

First-year restrictions

In the first 12 months, only Grounds 1, 1A, 2, 7A, 7B, and 8 are available. You cannot use Grounds 10, 11, 12, or 14 in the first year. See our 12-month protected period guide for the full rules on what you can and can't do in the first year.

What blocks a Section 8 notice?

Your notice may be invalid if:

The deposit is not properly protected — see our deposit protection guide (except for Grounds 7A and 14)
You're not registered on the PRS Database (when introduced)
The How to Rent guide has not been served to the tenant
You've used the wrong notice period for the ground

Evidence requirements

Unlike Section 21, you must prove your ground applies. The court will look at evidence from both sides. Examples:

Sale ground: Show estate agent instructions, solicitor engagement
Rent arrears: Show rent records, payment history, communications
Antisocial behaviour: Police reports, neighbour statements, council records