Which Section 8 Ground Should I Use After May 2026? A Landlord's Guide to the Post-Renters'-Rights Grounds

Last reviewed: 1 October 2026 — England

General information only. This article describes the law in England as at the date shown above. It is not legal advice and is not a substitute for advice on your case. For advice on your situation, contact a solicitor, a Law Centre, Citizens Advice or Shelter England. The Housing Loss Prevention Advice Service, funded by the Legal Aid Agency, gives early legal advice on housing, debt and welfare benefits to anyone at risk of possession proceedings and losing their home, and on-the-day advice and representation at possession hearings, regardless of their financial circumstances. Help is available from the moment someone receives written notice that possession of their home is being sought. Find a provider at find-legal-advice.justice.gov.uk.

Why the Choice of Ground Matters Now

Before 1 May 2026, a landlord with an assured shorthold tenancy could fall back on section 21 whenever a stated ground felt awkward. For private assured tenancies, that option has gone. (A valid section 8 or section 21 notice served before 1 May 2026 could be used only if the landlord asked the court to issue the claim by 31 July 2026, or by any earlier deadline that applied to that notice (Renters' Rights Act 2025, Sch 6 paras 3, 4, 16 and 17). Claims issued in time continue under the old rules until they end. GOV.UK's assured tenancy forms page explains the limited exception where the tenant was in a debt-respite breathing space.)

Picking the wrong ground, or the right ground on thin evidence, can defeat the claim and cost you the notice period and the court fee. Relying on Ground 1 or 1A also brings a legal restriction on letting and marketing the property, and the Act now makes it a breach to rely on a ground where you do not reasonably believe the landlord is, will or may be able to obtain possession on it (Housing Act 1988 s.16E(1)(e)).

Section 8 grounds split into two families:

• Mandatory grounds (Part 1 of Schedule 2): if the court is satisfied the ground is established, it must make an order for possession (s.7(3)), subject to the other provisions of section 7 and any defence based on the tenant's Convention rights. On a mandatory ground the court cannot suspend on terms. Section 89 of the Housing Act 1980 lets it postpone possession for up to 14 days after the order, or up to six weeks in cases of exceptional hardship.
• Discretionary grounds (Part 2 of Schedule 2): the court may make an order only if it also considers it reasonable to do so (s.7(4)). It can adjourn the proceedings, or stay, suspend or postpone an order, and in doing so it must impose conditions about paying arrears and rent unless that would cause exceptional hardship or be otherwise unreasonable (s.9).

The legislation is at legislation.gov.uk/ukpga/1988/50/schedule/2 and the Renters' Rights Act 2025 is at legislation.gov.uk/ukpga/2025/26.

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The Grounds Private Landlords Most Often Use

Ground 1 — Landlord or close family member moving in (mandatory)

Ground 1 applies where the landlord needs the property as the only or principal home of:

• the landlord;
• the landlord's spouse or civil partner, or someone the landlord lives with as if married or in a civil partnership;
• the landlord's parent, grandparent, sibling, child or grandchild; or
• a child or grandchild of the landlord's spouse, civil partner or partner.

A relationship of the half-blood is treated as one of the whole blood, so a half-brother or half-sister counts as a sibling (Renters' Rights Act 2025, Sch 1 para 2).

For joint landlords, it is enough that one of them qualifies.

There is no longer any requirement to have warned the tenant at the start of the tenancy that this ground might be used. The rewritten ground contains no prior-notice condition, and the old Part 4 of Schedule 2 on such notices no longer applies to private tenancies.

There is a timing condition instead. Ground 1 is available only if the tenancy began at least a year before the date specified in the notice. Count both the day the tenancy began and the date in the notice. If the court dispenses with the notice, the comparison is with the date proceedings began. The notice period is four months.

Restriction: where a landlord relies on Ground 1 or 1A, the landlord must not let the property (on a tenancy of 21 years or less, or a paid licence) or market it for letting, from the day the notice is served until the end of 12 months beginning with the earliest date given in the notice, whether or not the tenancy continues. Under Ground 1, letting to one of the family members listed above is an exception (s.16F(1)(a)).

Ground 1A — Landlord intends to sell (mandatory)

The landlord intends to sell the freehold or leasehold interest, or to grant a lease of more than 21 years. The notice period is four months.

The tenancy must have begun at least a year before the date specified in the notice, unless notice of a compulsory acquisition has been given and the landlord intends to sell to the acquiring authority. Social landlords cannot use Ground 1A. It also does not apply to a "legacy assured tenancy": one entered into before 1 May 2026 that, immediately before that date, was an assured tenancy but not an assured shorthold (SI 2026/421 reg 5). The same restriction on letting and marketing applies as for Ground 1.

Ground 1B — Not a private landlord ground

Ground 1B can be used only by a private registered provider of social housing, for a tenancy granted under a rent-to-buy agreement. Private landlords cannot use it.

Ground 6 — Redevelopment (mandatory)

The landlord intends to demolish or reconstruct the whole or a substantial part of the property, or to carry out substantial works, and the work cannot reasonably be done with the tenant in occupation. The notice period is four months.

The tenancy must also have begun at least six months before the date specified in the notice (the compulsory-acquisition case is the exception). The landlord must not have bought the property for money with the tenancy already in place, but that condition now applies only where section 7(5ZA) applies (certain agricultural replacement tenancies).

The duty to pay the tenant's reasonable removal expenses after an order on Ground 6 now applies only to social landlords letting social housing (s.11(A1)).

Ground 6A — Not a private landlord ground

Ground 6A is for a relevant social landlord that moved a tenant to enable redevelopment of their previous home and now needs possession (a decant). Private landlords cannot use it.

Ground 6B — Compliance with enforcement action (mandatory)

Ground 6B is available to private landlords where continued occupation is incompatible with enforcement action, namely where:

• (a) continuing to let would breach a banning order under section 16 of the Housing and Planning Act 2016;
• (b) an improvement notice under section 11 or 12 of the Housing Act 2004 specifies overcrowding as the deficiency;
• (c) a prohibition order under section 20 or 21 of the Housing Act 2004 prohibits use of the property, the common parts or any part of them, for all purposes or for any purpose incompatible with the tenant's continued occupation;
• (d)–(e) the property is, or is in, an HMO or house that must be licensed under Part 2 or Part 3 of the Housing Act 2004, and the licence was refused or has been revoked;
• (f) a licensed HMO or house is occupied by more households or persons than the licence allows; or
• (g) compliance with a planning enforcement notice or injunction would be, or is, incompatible with the tenant's continued occupation.

The notice period is four months. If the court orders possession on Ground 6B, it may also order the landlord to pay the tenant compensation for damage or loss caused by the order. In deciding this, it must take into account the circumstances that made the ground available, including any conduct by the tenant (Housing Act 1988 s.11A).

Ground 7A — Serious anti-social behaviour (mandatory)

The conditions are set out in Ground 7A of Schedule 2. Each is tied to the property. Conditions 1, 2, 3 and 5 concern the tenant or someone living in or visiting the property. For conditions 1 to 3, the conduct must have happened in or near the property, or have been aimed at neighbours, or at the landlord or the landlord's housing management staff in a way connected with the landlord's housing management. For condition 5, the noise must have come from the property. The conditions are:

• conviction of a serious offence (condition 1). This means an offence committed on or after 20 October 2014 that is listed in Schedule 2A to the Housing Act 1985, both when it was committed and when the court considers the case. It does not include an offence that could be tried only in a magistrates' court because of its low value under section 22 of the Magistrates' Courts Act 1980, such as criminal damage (other than by fire or to a memorial) where the value involved, broadly the cost of repairing the damage or the value of any property destroyed, is £5,000 or less;
• a court finding of breach of an injunction under section 1 of the Anti-social Behaviour, Crime and Policing Act 2014 (condition 2). From 26 October 2026 this becomes an injunction under Part 1 of that Act or a respect order (Crime and Policing Act 2026, Sch 1 para 25; SI 2026/960 reg 4(g));
• conviction for breach of a criminal behaviour order (condition 3);
• a closure order made for the property, where access to it was prohibited (under the closure order, or a closure notice issued before it) for a continuous period of more than 48 hours (condition 4); or
• conviction for breach of a noise abatement notice or order, where the noise came from the property (condition 5).

A condition is not met while an appeal is pending, or if the appeal succeeds.

The notice must be served within 12 months of the conviction or finding, or within 3 months of the closure order (or of the end of any appeal) (Housing Act 1988 s.8(4C)–(4F)). There is no minimum notice period: the date in the notice may be the date of service (s.8(4)). However, if Ground 7A or 14 (or both) are the only grounds proved, the order cannot take effect within 14 days of service of the notice (s.7(5D)). The court cannot dispense with the notice for Ground 7A (s.8(5)).

Ground 8 — Rent arrears (mandatory)

At least three months' rent must be unpaid where rent is payable monthly, or 13 weeks' rent where it is payable weekly or fortnightly. The arrears must be at that level both when the notice is served and at the hearing. The notice period is four weeks, and the court cannot dispense with the notice for Ground 8 (s.8(5)).

Ground 8 itself says: "if the tenant is entitled to receive an amount for housing as part of an award of universal credit … any amount that was unpaid only because the tenant had not yet received the payment of that award is to be ignored."

The Court of Appeal has held that the power to adjourn a hearing so that the tenant can bring the arrears below the Ground 8 threshold may be used only in exceptional circumstances (North British Housing Association Ltd v Matthews [2004] EWCA Civ 1736, para 32).

See our Ground 8 guide.

Grounds 10 and 11 — Some arrears and persistent late payment (discretionary)

Landlords relying on Ground 8 commonly add Grounds 10 and 11.

• Ground 10: some rent lawfully due is unpaid on the date proceedings begin and (unless the court dispenses with notice) was in arrears when the notice was served.
• Ground 11: the tenant has persistently delayed paying rent that has become lawfully due, whether or not any rent is in arrears when proceedings begin.

Both need four weeks' notice. Both are discretionary, so the court may refuse possession, or make an order and suspend it on terms (s.9). When it suspends, the court can impose conditions on the strength of some material justifying them, without formal proof of the tenant's conduct (Sheffield City Council v Hopkins [2001] EWCA Civ 1023, as summarised in Boyd v Incommunities Ltd [2013] EWCA Civ 756, para 18).

Ground 12 — Breach of an obligation other than rent (discretionary)

The tenant has broken or not performed an obligation of the tenancy other than one relating to rent. The notice period is two weeks. The court must also consider it reasonable to make an order (s.7(4)), so evidence of the breach and its effect matters.

Ground 13 — Deterioration of the property (discretionary)

The condition of the property or the common parts has deteriorated because of acts of waste by, or the neglect or default of, the tenant or anyone living there. Where the damage was done by a lodger or sub-tenant, the ground also needs the tenant to have failed to take reasonable steps to remove that person. The notice period is two weeks.

Ground 14 — Anti-social behaviour (discretionary)

This is the general anti-social behaviour ground. It covers:

• conduct causing or likely to cause nuisance or annoyance to people in the locality;
• such conduct towards the landlord or the landlord's housing management staff; and
• convictions for using the property for immoral or illegal purposes, or for an indictable offence in or near it.

There is no minimum notice period (s.8(4)). If Ground 7A or 14 (or both) are the only grounds proved, the order cannot take effect within 14 days of service of the notice (s.7(5D)). In urgent cases involving assault, threats or serious damage, the court can shorten the usual time limits for the hearing date and for serving the claim (PD 55A paras 3.1–3.2, CPR 55.5).

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The Notice-Period Table

Notice periods are set by section 8(4AA) of the Housing Act 1988, as amended by the Renters' Rights Act 2025, and run from the date of service. Where a notice specifies more than one ground, the date in the notice must not be before the end of the longest period for any ground specified. If the notice specifies Ground 7A or 14, section 8(4) applies instead, and the date may be the date of service. Proceedings must begin no later than 12 months from service (s.8(3)(c)). Form 3A is prescribed by SI 2026/354, which requires the version published by the Secretary of State that has effect when the notice is given.

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Common Strategic Mistakes

Relying on only one ground

Grounds 8, 10 and 11 are commonly relied on together in arrears cases. A tenant who pays the arrears below the Ground 8 threshold before the hearing defeats Ground 8, but Grounds 10 and 11 remain for the court to consider.

In anti-social behaviour cases, landlords commonly rely on Ground 7A where a condition is met and on Ground 14 in the alternative.

Choosing Ground 1 or 1A when the plan is uncertain

Breaching the letting and marketing restriction is an offence (s.16J(2)). A local housing authority may impose a financial penalty of up to £40,000 instead of prosecuting (s.16K).

A former tenant may also apply to the First-tier Tribunal (Property Chamber), on form RRO1, for a rent repayment order of up to 2 years' rent (Housing and Planning Act 2016 ss.40, 44). The Tribunal must be satisfied beyond reasonable doubt that the offence was committed (s.43(1)), and the application must be made within 2 years of the offence (s.41(2)).

It is also an offence to rely on a ground knowing that possession could not be obtained on it, or being reckless about that, where the tenant then surrenders within four months without a possession order being made (s.16J(1)). If the plan is uncertain, naming Ground 1 or 1A is a significant commitment.

Treating the deposit rule as routine

Under section 215 of the Housing Act 2004, as substituted from 1 May 2026, the court can make a possession order on an assured tenancy only if:

• the deposit is held in an authorised scheme;
• the scheme's initial requirements have been met (whether or not within the 30-day limit); and
• the prescribed information has been given.

The restriction is lifted if the deposit has been returned in full or with agreed deductions, or if a section 214 claim has been decided, settled or withdrawn. It does not apply to orders on Ground 7A or Ground 14. Section 215(4) is the provision that exempts Grounds 7A and 14.

Late compliance lifts the bar on possession but does not stop a section 214 claim for one to three times the deposit. These changes do not apply to a tenancy that, immediately before 1 May 2026, was an assured tenancy but not an assured shorthold (Renters' Rights Act 2025, Sch 6 para 11). See our deposit protection guide.

A further bar on possession orders for landlords who are not registered on the Private Rented Sector Database has been legislated but is not yet in force; see PRS Database for landlords: what registration means for your possession claim.

Before you choose a ground, check the property. A sound ground on a non-compliant property still fails at the order stage. ComplyWithMe's guide to Section 8 grounds for possession after the Renters' Rights Act 2025 sets out the deposit bar and the no-relet rule from the landlord's side, and its exposure check shows, from a postcode and a few answers, what a property is exposed to today.

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A Negotiated Outcome

A landlord who wants the property back and a tenant who is willing to leave on reasonable terms may prefer a negotiated surrender. This is a written agreement under which the tenant leaves by a stated date, sometimes in return for a sum towards relocation. Both sides should take advice on the terms. A landlord should not put pressure on a tenant to surrender by relying on a ground that could not succeed (see s.16J(1) above).

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Authoritative Sources

• Housing Act 1988: Schedule 2 grounds; ss.7, 8, 9, 11, 11A, 16E, 16F, 16J, 16K, 16M: legislation.gov.uk/ukpga/1988/50
• Renters' Rights Act 2025: legislation.gov.uk/ukpga/2025/26
• Housing Act 1980 s.89: legislation.gov.uk/ukpga/1980/51/section/89
• Housing Act 2004 ss.214–215: legislation.gov.uk/ukpga/2004/34/section/215
• Housing and Planning Act 2016 ss.40–44: legislation.gov.uk/ukpga/2016/22/part/2/chapter/4
• SI 2026/354, prescribed forms including Form 3A: legislation.gov.uk/uksi/2026/354
• SI 2026/421, commencement and transitional provisions: legislation.gov.uk/uksi/2026/421
• CPR Part 55 and PD 55A: justice.gov.uk/courts/procedure-rules/civil/rules/part55
• GOV.UK, assured tenancy forms (Form 3A and the legal wording for possession grounds): gov.uk/guidance/assured-tenancy-forms
• GOV.UK, form RRO1: gov.uk/government/publications/apply-for-a-rent-repayment-order-form-rro1
• Case law: North British Housing Association Ltd v Matthews [2004] EWCA Civ 1736; Boyd v Incommunities Ltd [2013] EWCA Civ 756 (summarising Sheffield City Council v Hopkins [2001] EWCA Civ 1023).

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BundleCreator's Housing Possession & Tenant Debt subsite at /housing-possession-debt maps the procedural journey from Form 3A to enforcement.

Nothing in this article is legal advice or a substitute for it. The law described is that of England as at the date shown and may change. Tenants and landlords should consider seeking advice from a solicitor, Citizens Advice, Shelter England or a local Law Centre. The Housing Loss Prevention Advice Service, funded by the Legal Aid Agency, gives early legal advice on housing, debt and welfare benefits to anyone at risk of possession proceedings and losing their home, and on-the-day advice and representation at possession hearings, regardless of their financial circumstances. Help is available from the moment someone receives written notice that possession of their home is being sought. Find a provider at find-legal-advice.justice.gov.uk.