Section 8 Eviction: Every Ground Explained for UK Landlords

Section 8 of the Housing Act 1988 allows landlords to seek possession of a property by proving specific grounds. Section 21 ended in England's private rented sector on 1 May 2026, so Section 8, served on Form 3A, is the possession route landlords need to understand. This guide covers the grounds as amended by the Renters' Rights Act 2025. Check the government's grounds for possession guidance before serving notice.

Mandatory vs discretionary grounds

Mandatory grounds: If you prove the ground applies, the court must grant possession. Discretionary grounds: Even if proved, the court decides whether it's reasonable to grant possession — they may not.

Key mandatory grounds

• Ground 1: You or a close family member intend to live in the property
• Ground 1A: You intend to sell the property. You cannot re-let it for 12 months after regaining possession
• Ground 2: The property is subject to a mortgage granted before the tenancy, and the lender is seeking possession
• Ground 7: The former tenant has died and the tenancy passed to someone via their will (within 12 months of death)
• Ground 8: for notices from 1 May 2026, at least 3 months' rent arrears (or 13 weeks for weekly or fortnightly rent) at both notice and hearing. This is a mandatory ground when proven

Key discretionary grounds

• Ground 10: Some rent is unpaid (any amount — doesn't need to be 2 months)
• Ground 11: The tenant has persistently delayed paying rent, even if no rent is currently owed
• Ground 12: Breach of any tenancy term (other than rent)
• Ground 13: The tenant has deteriorated the condition of the property through neglect or default
• Ground 14: The tenant or their visitors have caused nuisance or used the property for illegal purposes
• Ground 17: The tenant obtained the tenancy by making a false statement

Notice periods

The notice period depends on which ground you're using:

• Grounds 1, 1A and 2: 4 months' notice. For Grounds 1 and 1A the notice cannot end within the first 12 months of the tenancy
• Ground 8 (3 months' / 13 weeks' arrears): 4 weeks' notice
• Ground 14 (antisocial behaviour): You can apply to court as soon as notice is served
• Most other grounds: 2 weeks' to 2 months' notice depending on the ground

The court process

After serving notice and waiting the required period, a landlord may apply to the county court for a possession order using the correct current possession-claim forms. Section 8 claims use the standard possession procedure, not the accelerated procedure that was used for Section 21. The court fee is £415 (check the current EX50 fees list). Timings and outcomes vary, and enforcement is a separate step if a possession order is not followed.

Practical tips

• Always serve the notice correctly — incorrect notices are the most common reason for failed possession claims
• Keep meticulous records: rent payment dates, correspondence, photos of damage, noise complaints
• Ground 8 requires the threshold at both notice and hearing — reducing arrears below 3 months or 13 weeks before the hearing defeats that mandatory ground
• Consider using a specialist housing solicitor for anything beyond straightforward arrears cases