Section 8 Grounds for Eviction 2026: The Complete Guide for Tenants
Since Section 21 no-fault evictions were abolished on 1 May 2026, Section 8 of the Housing Act 1988 is now the only legal route for a landlord in England to evict a tenant. The landlord must prove a specific ground, serve a valid notice, and obtain a court possession order. This guide explains every Section 8 ground, the notice periods, and how to defend a claim.
- ✓Since 1 May 2026, Section 8 is the only route to evict an assured periodic tenant in England. Section 21 no-fault eviction is gone.
- ✓The landlord must name the ground in the notice, and then still apply to court. A notice on its own does not mean you have to leave.
- ✓Grounds come in two kinds. On a mandatory ground the court must grant possession if it is proved. On a discretionary ground the court weighs your circumstances and can refuse.
- ✓Ground 10 covers arrears below the Ground 8 threshold and is discretionary, so being behind on rent does not automatically mean losing your home.
- ✓This is England only. Scotland and Wales run separate systems with different grounds and notice periods.
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What is Section 8 and when does it apply?
Section 8 of the Housing Act 1988 allows a landlord to apply to court for a possession order against a tenant, but only if they can prove at least one of the specified "grounds" for possession.
- Yes: From 1 May 2026, Section 8 is the ONLY legal route for a landlord in England to evict an assured periodic tenancy tenant
- Yes: Section 21 (no-fault eviction) was abolished on 1 May 2026 under the Renters' Rights Act 2025
- Yes: The landlord must serve a valid Section 8 notice stating which ground(s) they are relying on
- Yes: The landlord must then apply to court, a notice alone does not mean you must leave
- Yes: Grounds are divided into two types: mandatory (the court must grant possession if proved) and discretionary (the court decides)
- Yes: The process applies to all private tenancies in England, Scotland and Wales have separate rules
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Mandatory grounds, the court must grant possession
If a landlord proves a mandatory ground, the court has no choice but to grant a possession order. However, the landlord must still prove the ground exists, it is not automatic.
Ground 1, Landlord or close family wants to move in
The landlord or a close family member (spouse, civil partner, parent, child, sibling) wants to occupy the property as their main home. The landlord must have previously lived in the property before the tenancy began. Notice required: 4 months. Cannot be used in first 12 months of tenancy.
Ground 1A (new under RRA 2025), Landlord wants to sell
The landlord intends to sell the property with vacant possession. This is a new mandatory ground introduced by the Renters' Rights Act 2025. Notice required: 4 months. Cannot be used in first 12 months of tenancy.
Ground 2, Mortgage lender repossessing from landlord
The landlord's mortgage lender is repossessing the property. The mortgage must have been taken out before the tenancy. Notice required: 4 months.
Ground 7, Tenant has died
The tenancy passed by will or intestacy to a person who is not a successor under the Housing Act. Proceedings must begin within 12 months of the death or the date probate was granted. Notice required: 2 months.
Ground 7A, Serious anti-social behaviour
The tenant, or someone living in or visiting the property, has been convicted of a serious offence (including riot, violent disorder, affray, or using premises for drug supply). No notice period: the landlord can apply to court immediately. The court cannot make a possession order until 14 days after the notice was given.
Ground 7B, Immigration status
A right to rent check reveals that one or more occupiers do not have the right to rent in England. Notice required: 2 weeks.
Ground 8, Serious rent arrears
The tenant is at least 3 months in arrears (for monthly tenancies) or at least 13 weeks in arrears (where rent is paid weekly or fortnightly), both at the date of the notice AND at the date of the court hearing. If arrears fall below this threshold before the hearing, Ground 8 fails. Notice required: 4 weeks.
Discretionary grounds, the court decides
For discretionary grounds, even if the landlord proves the ground exists, the court can still refuse to grant possession if it decides it would not be reasonable to do so. The court weighs up your circumstances and the landlord's case.
- Yes: Ground 9, Suitable alternative accommodation: the landlord offers you alternative accommodation of equivalent quality and size
- Yes: Ground 10, Some rent arrears: you owe rent but less than the 3-month (or 13-week) threshold for Ground 8
- Yes: Ground 11, Persistent late payment: you have consistently paid rent late, even if not currently in arrears
- Yes: Ground 12, Breach of tenancy: you have broken a condition of the tenancy agreement (other than paying rent)
- Yes: Ground 13, Damage to property: you or a visitor has caused deterioration to the property or common parts
- Yes: Ground 14, Anti-social behaviour: you or a visitor has caused nuisance or annoyance to neighbours, or used the property for illegal purposes
- Yes: Ground 15, Damage to furniture: you or a visitor has damaged furniture provided under the tenancy
- Yes: Ground 17, False statement to obtain tenancy: you made a false statement to the landlord or their agent to obtain the tenancy
- Yes: Ground 14A, Domestic abuse: a tenant or household member has been convicted of domestic abuse against another tenant who has left the property
- Yes: Ground 14ZA, Rioting: you or an adult living with you has been convicted of an indictable offence during a riot
- Yes: Ground 18, Supported accommodation: you are in supported housing and have not co-operated with the support offered
Notice periods by ground
The notice period depends on the ground the landlord is using. The landlord cannot apply to court until the notice period has expired. Here is a summary:
- Yes: No notice period, the landlord can apply to court immediately: Ground 7A (serious ASB or criminal conviction) and Ground 14 (anti-social behaviour). The court still cannot make a possession order until 14 days after the notice was given
- Yes: 2 weeks' notice: Ground 7B (immigration status), Ground 12 (breach of tenancy), Ground 13 (damage to the property), Ground 14A (domestic abuse), Ground 15 (damage to furniture), Ground 17 (false statement)
- Yes: 4 weeks' notice: Ground 8 (serious rent arrears), Ground 10 (any arrears), Ground 11 (persistent late payment), Ground 18 (supported accommodation)
- Yes: 2 months' notice: Ground 7 (death of tenant), Ground 9 (suitable alternative accommodation)
- Yes: 4 months' notice: Ground 1 (landlord or family moving in), Ground 1A (landlord selling), Ground 2 (mortgage lender repossessing), Ground 6 (redevelopment), Ground 6B (compliance with enforcement action)
The first 12 months rule
The Renters' Rights Act 2025 introduced a new protection: for the first 12 months of any assured periodic tenancy, landlords cannot seek possession on certain grounds.
- Yes: Grounds 1 and 1A (landlord moving in / selling) cannot be used in the first 12 months of a tenancy
- Yes: This gives tenants a minimum 12 months of security before these grounds can be relied on
- Yes: Grounds 8 (serious rent arrears), 7A (serious anti-social behaviour/criminal conviction), and 7B (immigration status) can still be used in the first 12 months
- Yes: The 12-month period runs from the start of the tenancy, not from the date the Act came into force
What to do if you receive a Section 8 notice
Challenging a Section 8 notice in court
You have the right to defend a Section 8 possession claim in court. There are several types of defence available depending on the ground being used.
Technical defences (all grounds):
- Yes: The notice is on the wrong form or does not contain sufficient particulars of the ground
- Yes: The notice period given is shorter than the law requires
- Yes: The ground stated does not exist or is not fully made out
- Yes: For Grounds 1 and 1A: the notice was served in the first 12 months of the tenancy
Defeating Ground 8 (serious rent arrears):
- Yes: Ground 8 requires arrears of 3 months or more (13 weeks if rent is paid weekly or fortnightly) at BOTH the date of the notice AND the date of the hearing
- Yes: If you pay down arrears below that threshold before the hearing, Ground 8 cannot succeed at that hearing
- Yes: Note: the landlord can adjourn and return when arrears exceed the threshold again, or rely on discretionary Ground 10/11
- Yes: Even a partial payment can therefore be strategically important, seek advice quickly
Discretionary grounds, balancing exercise:
- Yes: For any discretionary ground, even if proved, the court must decide whether it is reasonable to grant possession
- Yes: You can present evidence of your circumstances: length of tenancy, impact on children, health conditions, steps taken to address the problem
- Yes: A suspended possession order is possible, the court grants possession but suspends it on conditions (e.g. you pay current rent plus agreed arrears reduction each month)
- Yes: Breach of a suspended order can lead to eviction without a further hearing
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Frequently asked questions
What is a Section 8 notice?
A Section 8 notice is a formal notice from a landlord stating they intend to apply to court for a possession order. The notice must specify which of the legal grounds for possession the landlord is relying on. From 1 May 2026, Section 8 is the only eviction route available to landlords in England, as Section 21 no-fault evictions were abolished by the Renters' Rights Act 2025. Receiving a Section 8 notice does not mean you must leave, the landlord must still apply to court and obtain a possession order.
What is the difference between mandatory and discretionary grounds?
Mandatory grounds are those where the court must grant a possession order if the landlord proves the ground applies, the judge has no discretion to refuse. Examples include Ground 8 (serious rent arrears of 3 months or more) and Ground 1A (landlord wants to sell). Discretionary grounds are those where the court can still refuse possession even if the ground is proved, by deciding it would not be reasonable to evict. Examples include Ground 11 (persistent late payment) and Ground 14 (anti-social behaviour). For discretionary grounds, it is vital to attend court and explain your circumstances.
Can I defeat Ground 8 if I pay the arrears?
Possibly, yes. Ground 8 requires rent arrears of at least 3 months (for monthly tenancies), or at least 13 weeks where rent is paid weekly or fortnightly, to exist both at the date of the notice AND at the date of the court hearing. The Renters' Rights Act 2025 raised that threshold from 2 months. If you pay enough to bring your arrears below the threshold before the hearing, Ground 8 cannot succeed at that hearing. This is one of the most important defences available for rent arrears cases. However, the landlord may adjourn and return when arrears exceed the threshold again, or rely on discretionary Grounds 10 or 11 instead. Get urgent advice from Citizens Advice.
What notice period does a Section 8 notice require?
The notice period depends on the ground being used. Grounds 7A and 14 (anti-social behaviour) have no notice period at all, the landlord can apply to court straight away, although the court cannot make a possession order until 14 days after the notice was given. Two weeks applies to Grounds 7B, 12, 13, 14A, 15 and 17. Four weeks applies to the rent arrears grounds, 8, 10 and 11, and to Ground 18. Two months applies to Grounds 7 and 9. Four months applies to Grounds 1, 1A, 2, 6 and 6B. If the notice does not give the correct notice period for the stated ground, it is invalid.
Can my landlord evict me in the first year of my tenancy?
Not on most grounds. The Renters' Rights Act 2025 introduced a first 12 months protection, landlords cannot use Grounds 1 (landlord wants to move in) or 1A (landlord wants to sell) in the first year of a tenancy. However, landlords can still use Ground 8 (serious rent arrears of 3 months or more), Ground 7A (serious anti-social behaviour or criminal conviction), and Ground 7B (immigration status) in the first 12 months. If a landlord serves a Ground 1 or 1A notice in your first year, it is invalid.
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