New Section 8 Grounds Explained
After Section 21 is abolished on 1 May 2026, all possession claims must rely on specific legal grounds under Section 8. We explain every ground available to landlords — mandatory and discretionary.
Understanding Mandatory vs Discretionary Grounds
Section 8 grounds are divided into two categories: mandatory and discretionary. Understanding the difference is essential for landlords planning a possession claim.
If a mandatory ground is proved, the court must grant possession. The judge has no discretion — if the ground is established, possession will be ordered.
Mandatory grounds include serious rent arrears (Ground 8), sale of property (Ground 2) and owner-occupation (Ground 1). These are generally quicker and more certain than discretionary grounds.
If a discretionary ground is proved, the court may grant possession if it considers it reasonable to do so. The judge weighs up all the circumstances.
Discretionary grounds include rent arrears below two months (Ground 10), persistent late payment (Ground 11), breach of tenancy (Ground 12) and anti-social behaviour (Ground 14).
All Section 8 Grounds Available to Landlords
Owner-Occupier
The landlord or a close family member intends to occupy the property as their only or principal home. Specific notice requirements apply and the ground cannot be used if the landlord did not occupy before the tenancy.
Sale of Property
The landlord intends to sell the property. This is a new mandatory ground introduced by the Renters' Rights Act, replacing the previous discretionary approach. Specific notice requirements apply.
Serious Rent Arrears
The tenant owes at least two months' rent at the date of service of the notice and at the date of the hearing. This is the most commonly used mandatory ground. The arrears must exist at both dates.
Some Rent Arrears
The tenant is in arrears of rent at the date of service of the notice and at the date of the hearing. The court has discretion whether to grant possession — it must consider whether it is reasonable to do so.
Persistent Late Payment
The tenant has persistently delayed paying rent, even if no arrears exist at the hearing date. This ground is useful where a tenant repeatedly pays late but clears arrears before the hearing.
Breach of Tenancy
The tenant has breached any obligation of the tenancy agreement (other than rent payment). Common examples include subletting without permission, keeping pets in breach of the agreement, or causing damage.
Anti-Social Behaviour
The tenant or a person residing in or visiting the property has been guilty of conduct causing or likely to cause nuisance or annoyance to neighbours or other occupants. Evidence is essential for this ground.
False Statement
The tenant induced the landlord to grant the tenancy by a false statement made knowingly or recklessly. This ground requires evidence that the false statement was made and that it induced the landlord to grant the tenancy.
How to Use Section 8 Correctly
Using Section 8 correctly requires careful preparation. The key steps are:
Serve the Correct Notice
A Section 8 notice must be in the prescribed form and must specify the grounds being relied on. Errors in the notice can invalidate the claim. We prepare notices carefully to avoid technical defects.
Gather Evidence
The strength of a Section 8 claim depends on the quality of the evidence. Rent statements, correspondence, witness statements and other documentation must be prepared carefully.
Observe Notice Periods
Different grounds require different notice periods. Serving a notice with the wrong notice period can invalidate the claim. We ensure the correct notice period is used for each ground.
Issue Court Proceedings
If the tenant does not leave after the notice expires, court proceedings must be issued. We handle the entire court process on behalf of landlords, from issuing the claim to enforcing the order.
Get Legal Advice Before Serving a Notice
Section 8 possession claims are more complex than Section 21 claims. Technical errors can delay or defeat the claim entirely. We strongly recommend taking legal advice before serving a Section 8 notice — particularly for mandatory grounds where the stakes are high.
Call 01244 757352Discuss Your Possession Options
We will advise on which grounds apply to your situation and the best strategy for regaining possession.
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