In short: Since 1 May 2026, every possession claim in England must fit one of the Section 8 grounds in the Housing Act 1988, now expanded and re-numbered by the Renters’ Rights Act. The most-used ones for ordinary landlords are Ground 1 (moving in), Ground 1A (selling), Ground 8 (serious rent arrears), Ground 12 (breach of tenancy), Ground 14 (anti-social behaviour), and Ground 6 (redevelopment). Grounds are split into “mandatory” (court must grant possession if proved) and “discretionary” (court decides), each with its own notice period, and misusing certain grounds now carries real financial penalties.
Mandatory vs discretionary grounds
Section 8 grounds fall into two categories:
- Mandatory grounds, if you prove the facts, the court has no choice but to grant possession. Examples: Ground 1, Ground 1A, Ground 8 (arrears).
- Discretionary grounds, the court can refuse or delay possession even if the ground is technically made out, weighing reasonableness and the tenant’s circumstances. Examples: Ground 12 (breach of tenancy), most anti-social behaviour grounds, and general “suitable alternative accommodation” type grounds.
Discretionary grounds mean paperwork alone isn’t enough, you need a persuasive, well-evidenced case, because a judge can and will consider the tenant’s side.
The key grounds landlords actually use
Ground 1, Landlord or close family moving in. For owner-occupation by the landlord or a close family member as their principal home. Mandatory. Requires 4 months’ notice. Cannot be used in the first 12 months of a tenancy.
Ground 1A, Sale of the property. New ground introduced by the Act specifically for landlords who want to sell with vacant possession. Mandatory. Requires 2 months’ notice. Also barred in the first 12 months of a tenancy.
Ground 6, Redevelopment or demolition. Where the landlord (or a superior landlord) intends significant reconstruction or demolition works that cannot reasonably be carried out with the tenant in occupation. Mandatory, but the bar for evidence (planning permission, contracts, timetables) is high. Notice period runs to several months.
Ground 6A, Compliance with enforcement/planning action. A narrower mandatory ground used where a landlord needs vacant possession to comply with an enforcement notice.
Ground 8, Serious rent arrears. The main mandatory arrears ground. From 1 May 2026 the threshold rose from two months’ to three months’ unpaid rent (13 weeks for weekly/fortnightly tenancies), and the notice period doubled to four weeks. Arrears must meet the threshold both when the notice is served and again at the court hearing, pay enough off before the hearing and the mandatory ground fails (see our guide to handling tenant arrears).
Ground 11, Persistent delay in paying rent. Discretionary; used where a tenant is chronically late even if not in serious arrears at any given point.
Ground 12, Breach of tenancy terms (non-rent). Discretionary. Covers things like keeping an unauthorised pet against a reasonable refusal, unauthorised subletting, or running a business from the property against the tenancy terms. Notice period: 4 weeks.
Ground 13, Deterioration of the property through neglect or default by the tenant or a lodger/subtenant. Discretionary.
Ground 14, Nuisance, annoyance, or illegal/immoral use of the property (anti-social behaviour). Discretionary, but the most serious cases can be brought with immediate effect and little to no notice period, courts recognise the urgency where there’s genuine harm to neighbours or other occupiers. Lower-level cases still typically need around two weeks’ notice.
Ground 17, False statement by the tenant that induced the grant of the tenancy (e.g., lying on a reference). Notice period is short, similarly to Ground 14.
New restrictions landlords must know about
- 12-month “no-eviction” protected period. Grounds 1 and 1A cannot be used at all during the first 12 months of any tenancy, designed to stop landlords using a “moving in” or “selling” pretext to remove a tenant almost immediately after they move in.
- 12-month re-letting ban after Grounds 1 or 1A. Once you’ve regained possession using either ground, you cannot advertise the property for letting or actually re-let it for 12 months from the date specified in your notice. Breaching this triggers council civil penalties, up to £7,000 for a first breach, escalating to as much as £40,000 for repeat or serious non-compliance, and can also expose you to a rent repayment order.
- Misuse of a ground is now a specific offence. From 1 May 2026, knowingly or recklessly using a false or misapplied ground to gain possession is itself a qualifying offence that can trigger a rent repayment order of up to 24 months’ rent, on top of any council penalty.
Evidence discipline matters more than ever
Because courts are now the only route to possession, and because misuse carries real financial risk, you should keep a clear paper trail for whichever ground you rely on: an estate agent’s instruction letter or memorandum of sale for Ground 1A; proof of your own change of address plans for Ground 1; a rent statement and payment history for Ground 8; and dated, specific records of any breach or anti-social conduct for Grounds 12 and 14. Judges are used to seeing contested cases now that Section 21 is gone, and vague or undocumented claims are far more likely to be challenged by the tenant or their adviser.
Scotland, Wales and Northern Ireland
Scotland already operates its own list of grounds under the Private Housing (Tenancies) (Scotland) Act 2016, and Wales has a separate framework under the Renting Homes (Wales) Act 2016. The grounds, notice periods and thresholds above apply to England only.
Related reading
Sources
- Notices of possession served from 1 May 2026: a guide for tenants renting from a private landlord, GOV.UK
- Repossessing your privately rented property after 1 May 2026, GOV.UK
This is general information, not legal, tax, or financial advice. Rules referenced are accurate to the best of available information as of July 2026 for England unless stated otherwise, this area of law is changing fast, so always check current government guidance (gov.uk) or consult a solicitor before acting, especially on evictions.
Last Updated on September 21, 2026