With Section 21 abolished from 1 May 2026, Section 8 is now the only lawful way to regain possession of a rented property in England. The Renters' Rights Act 2025 significantly updated the Schedule 2 grounds - adding new mandatory grounds for landlords who want to sell or move back in, removing some discretionary grounds, and changing notice periods. Here's your complete guide.
Section 8 basics
A Section 8 notice is a formal notice served by a landlord on a tenant, citing one or more grounds from Schedule 2 of the Housing Act 1988, stating that the landlord intends to seek possession of the property.
The notice starts a period during which the tenant must either vacate voluntarily or the landlord must apply to court. If the tenant doesn't leave and the landlord doesn't apply to court, the notice expires and the process must start again.
Section 8 grounds are divided into:
- Mandatory grounds - the court must grant possession if the ground is proven
- Discretionary grounds - the court may grant possession but considers whether it's reasonable to do so
New grounds added by the Renters' Rights Act
Ground 1A - Landlord or family member wants to sell (new, mandatory)
The landlord intends to sell the dwelling. This is now a mandatory ground, meaning the court must grant possession if the ground is met. Key conditions:
- Notice period: 4 months
- Tenancy must have been in place for at least 12 months before the notice can be served
- Anti-abuse provision: If the landlord re-lets or fails to actually sell within 12 months of possession, the tenant can apply for compensation of up to 12 months' rent
- The landlord does not need to have a buyer or even have listed the property when serving the notice
Ground 1 (updated) - Owner occupation (mandatory)
The landlord or a named family member (spouse, civil partner, parent, or child) requires the property as their only or principal home. Previously a discretionary ground, this is now mandatory.
- Notice period: 4 months
- Tenancy must have been in place for at least 12 months
- Anti-abuse provision: If the property is re-let within 12 months of possession, the previous tenant can claim compensation
- The property must have been the landlord's home before the tenancy began (first let) or this must be a new owner-occupation scenario - cannot be used speculatively
Ground 6A (updated) - Redevelopment for planning consent (mandatory)
The landlord intends to demolish or substantially reconstruct the property and cannot reasonably do so with the tenant in occupation.
- Notice period: 4 months
- Landlord must have planning permission or equivalent authorisation
Key mandatory grounds (existing, updated notice periods)
Ground 8 - Serious rent arrears (mandatory)
At the time of service of notice AND at the date of the hearing, the tenant owes at least:
- Two months' rent (for monthly tenancies)
- Eight weeks' rent (for weekly tenancies)
If the tenant reduces arrears below the threshold before the hearing, Ground 8 fails. Landlords often rely on Ground 8 alongside the discretionary Grounds 10 and 11 as a back-up.
- Notice period: 14 days
Updated: The RRA requires courts to adjourn proceedings for 28 days in the first instance where the tenant demonstrates they are working with a debt adviser - this slightly extends the timeline but does not change the outcome if arrears remain at the hearing.
Ground 9 - Suitable alternative accommodation available (mandatory)
The landlord can offer the tenant equivalent suitable alternative accommodation. Rarely used by small landlords but sometimes relevant for redevelopment scenarios.
- Notice period: 2 months
Key discretionary grounds
Ground 10 - Some rent arrears (discretionary)
The tenant has some rent arrears at the time of notice (not necessarily two months). Often used alongside Ground 8 as insurance if arrears fluctuate.
- Notice period: 14 days
Ground 11 - Persistent delay in paying rent (discretionary)
The tenant has persistently paid late even if there are no current arrears. The court considers the pattern of payment.
- Notice period: 14 days
Ground 12 - Breach of tenancy agreement (discretionary)
The tenant has breached an obligation in the tenancy agreement (other than a rent obligation). Commonly used for: subletting without consent, keeping a pet in breach of the agreement, using the property for business.
- Notice period: 14 days
Ground 13 - Deterioration of property (discretionary)
The property (or common areas) has deteriorated due to the tenant's negligence or that of someone in the tenant's household or a lodger.
- Notice period: 14 days
Ground 14 - Anti-social behaviour (discretionary, or immediate in serious cases)
The tenant or someone at the property has used it or allowed it to be used for a purpose likely to cause nuisance, annoyance, or criminal activity. This ground can be served on day one of a tenancy and applies immediately in the most serious cases (violence, significant criminal activity).
- Notice period: Immediate in serious cases; 14 days in standard cases
Ground 14A - Domestic violence (new mandatory ground)
A new ground where one partner has left the property due to domestic violence and the other (perpetrator) remains. Mandatory if the requirements are met.
- Notice period: 14 days
Ground 17 - False statement to obtain tenancy (discretionary)
The tenant or someone acting on their behalf made a false statement to obtain the tenancy.
- Notice period: 14 days
How to serve a Section 8 notice correctly
- Use the prescribed Form 3 (available from the government website or generated by PropReady)
- Specify all grounds you're relying on - you can cite multiple grounds simultaneously
- State the date after which court proceedings can be issued (must be after the notice period expires)
- Serve by hand, first class post, or email (if the tenancy agreement permits email service)
- Keep a copy and proof of service
What happens after service?
If the tenant doesn't vacate by the date specified, you apply to the court for a possession order. With mandatory grounds (Grounds 8, 1, 1A, etc.), the court must grant possession if the ground is proven. With discretionary grounds, the court considers whether it's reasonable to grant possession.
Court processing times can be lengthy - 3–6 months is common. Starting the process early and having a clean audit trail (especially for arrears and maintenance disputes) gives you the strongest position.
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Start your free 14-day trial →Disclaimer: This article provides general information only and does not constitute legal advice. Possession proceedings are legally complex - always consult a solicitor before serving notice or commencing court proceedings.