Section 8 eviction grounds: the main grounds private renters face
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Direct answer
Schedule 2 of the Housing Act 1988 sets out the legal grounds on which a landlord can seek possession of an assured tenancy in England. Since 1 May 2026, with Section 21 abolished, every new possession claim must rely on one of these grounds. This hub covers the grounds most frequently used in the private rented sector. A small number of niche grounds (such as Ground 9 - suitable alternative accommodation, and Grounds 3 / 4 / 4A - academic and educational landlords) are out of scope here; for those, contact Shelter or a housing solicitor.
For mandatory grounds, the court must grant possession if the landlord proves the factual conditions. Defences focus on whether the conditions are actually met, whether the procedure was correct, and whether prior-notice requirements have been satisfied.
For discretionary grounds, even when the landlord proves the facts, the court must also be satisfied that possession is reasonable. Vulnerability, dependent children, payment plans, suspended orders, and Article 8 ECHR proportionality all play out under these grounds.
This guide is not exhaustive. Schedule 2 also contains rarer grounds such as Ground 9 (suitable alternative accommodation), Ground 16 (former employee), and grounds reserved for academic and educational landlords. If your notice cites a ground not covered here, get advice from Shelter on 0808 800 4444 or a housing solicitor.
This is legal information, not legal advice. If your situation is urgent or already in court, call Shelter on 0808 800 4444 or contact your local Citizens Advice for free expert advice.
Main Section 8 grounds (mandatory and discretionary)
- Ground 1: Landlord or family moving in (mandatory, 4 months notice)
Landlord or close family member needs the property as their only or principal home. 12-month tenancy minimum. - Ground 1A: Landlord intends to sell (mandatory, 4 months notice)
New ground from RRA 2025. Landlord must show concrete sale evidence. 12-month tenancy minimum. - Ground 2: Mortgage repossession (mandatory, 4 months)
Mortgage lender requires possession to sell. Strict prior-notice rule. - Ground 5: Property required for a minister of religion (mandatory, 2 months)
Religious-body landlord recovering a residence designated for ministerial occupation. - Ground 6: Demolition or substantial works (mandatory, 4 months)
Landlord intends to demolish, reconstruct, or carry out substantial works requiring vacant possession. - Ground 7: Death of tenant (mandatory, 2 months)
Periodic tenancy devolved on the death of the former tenant. 12-month proceedings deadline. - Ground 7A: Serious anti-social behaviour conviction (mandatory)
Narrow ground requiring a conviction, closure order, or breach of an injunction. - Ground 7B: No right to rent (mandatory, 2 weeks)
Tenant lacks right to rent and the Home Office has issued a notice referring to that fact. - Ground 8: Serious rent arrears (mandatory; 4 weeks notice post-RRA, 2 weeks legacy)
Arrears at or above the applicable threshold at both notice and hearing. Post-1 May 2026: 3 months / 13 weeks. Pre-1 May 2026 transition notices: 2 months / 8 weeks. - Ground 10: Some rent arrears (discretionary; 4 weeks notice post-RRA, 2 weeks legacy)
Any rent arrears at notice and hearing. Reasonableness test applies. - Ground 11: Persistent late payment (discretionary; 4 weeks notice post-RRA, 2 weeks legacy)
Pattern of persistent late payments, even where tenant is currently up to date. - Ground 12: Breach of tenancy (discretionary, 2 weeks)
Breach of any tenancy obligation other than rent. - Ground 13: Property deterioration (discretionary, 2 weeks)
Deterioration of the property due to tenant waste or neglect. - Ground 14: Anti-social behaviour or nuisance (discretionary, no notice)
Main route for nuisance, annoyance, or criminal conduct at or near the dwelling. - Ground 14A: Domestic violence (discretionary, social landlords only, 2 weeks)
Used by registered providers where one partner has fled domestic violence. Not available to private landlords. - Ground 15: Damage to furniture (discretionary, 2 weeks)
Furniture provided under the tenancy has deteriorated due to ill-treatment. - Ground 17: Tenancy obtained by false statement (discretionary, 2 weeks)
Landlord induced to grant the tenancy by a false statement made knowingly or recklessly. - Section 8 checker
Run the free interactive Section 8 checker for a personalised analysis based on your facts. - Section 8 grounds explained (2026 framework)
Plain-English breakdown of the most-used Section 8 grounds and how the Renters' Rights Act 2025 changed them. - What invalidates a Section 8 notice?
Form, dates, and service defects that can defeat a Section 8 notice before any ground is argued.
Related guidance inside this topic
- If your next step turns on Section 8 grounds and possession procedure, read Section 8 checker.
- For the dates, forms, and evidence behind Section 8 grounds and possession procedure, see section 8 rent arrears notice period before you respond.
- If this issue overlaps with Section 8 grounds and possession procedure, check rent arrears eviction risk guide to compare the legal tests.
- For a fuller breakdown of Section 8 grounds and possession procedure, use Ground 8 defence guide for the underlying rule set.
- If you need the route-specific rules on Section 8 grounds and possession procedure, start with what happens after Section 21 ended so you can check the dates and documents against your own case.
Sources used for this guide
These are primary legislation and public guidance sources that support the legal-information framework used on this page.
- Housing Act 1988
Primary statute for assured tenancies, Section 8 possession notices, Schedule 2 grounds, and legacy Section 21 rules. - Renters' Rights Act 2025
Primary reform statute referenced by these guides for the 2026 private rented sector changes in England. - GOV.UK assured tenancy forms guidance
Official forms guidance for assured tenancy possession notices, including the current Section 8 notice forms used in England. - GOV.UK: possession action process
Government guidance on the possession claim process, including notice, court, possession order, and enforcement stages. - Shelter Legal: Section 8 notices
Shelter Legal guidance on Section 8 notice validity, Form 3, particulars, service, notice periods, and time limits.
Related articles
- Section 8 eviction grounds in 2026
The main guide to mandatory and discretionary Section 8 grounds, notice periods, evidence, and court reasoning. - Tenant rights in England: complete guide
The main overview page linking eviction, repairs, deposit protection, rent increases, and illegal eviction rights together. - Old rules vs new rules after May 2026
The side-by-side transition guide for Section 21, Section 8, rent increases, and periodic tenancies after 1 May 2026. - Renters' Rights Act 2026: complete guide
The main reform guide covering Section 21 abolition, Section 8, rent increases, pets, and private rented sector enforcement changes. - How to challenge an eviction notice in England
Action-focused guide for identifying the notice type, checking validity, gathering evidence, responding safely, and preparing for court.
Common questions
- What is a Section 8 notice?
- A Section 8 notice is the formal written notice a landlord must serve to seek possession on one of the grounds set out in Schedule 2 of the Housing Act 1988. Since Section 21 was abolished for new notices on 1 May 2026, Section 8 is the primary route for ending an assured tenancy in England.
- What is the difference between mandatory and discretionary grounds?
- Mandatory grounds (such as Ground 8 for serious rent arrears) require the court to grant possession if the facts are proved. Discretionary grounds (such as Ground 10, Ground 14) leave the court free to refuse possession if it is not reasonable to grant it.
- Do I have to leave when I receive a Section 8 notice?
- No. A Section 8 notice does not give the landlord the right to evict you. The landlord must apply to the county court for a possession order, attend a hearing, and then book a bailiff with a warrant if you do not leave voluntarily. Anyone trying to remove you without that process is committing illegal eviction under the Protection from Eviction Act 1977.
- How long is the notice period for a Section 8 notice?
- Notice periods vary by ground and by the date the notice was served. For a notice served on or after 1 May 2026: Grounds 1, 1A, 2, 5, 6, and 7 require 4 months; Grounds 8, 10, and 11 require 4 weeks; Grounds 7B, 12, 13, 14A, 15, and 17 require 2 weeks; Grounds 7A and 14 require no minimum notice. For a legacy notice served before 1 May 2026 (some are still being heard during the transition window): Grounds 1, 2, 5, 6, and 7 require 2 months; Ground 7A requires 1 month for a periodic tenancy; Grounds 8, 10, and 11 require 2 weeks; Ground 14 requires no minimum notice. Always check the specific ground page for the current rule.
- Can my landlord cite multiple grounds in one notice?
- Yes. Section 8 notices commonly cite several grounds together, especially in rent-arrears cases (Grounds 8, 10, and 11 are often pleaded together). The notice period applied is the longest required by any ground cited.
Use the interactive checker on getrentersrights.com for the full step-by-step result.