Section 8 Eviction Masterclass: Every Ground Explained

What is Section 8?

Section 8 of the Housing Act 1988 allows landlords to seek possession of a property by proving specific grounds. Unlike Section 21 (no-fault), Section 8 requires a reason for eviction.

Section 8 has been available since 1988 alongside Section 21. After May 2026, it becomes the only way to evict a tenant.

Key differences from Section 21:

• You must prove a specific ground (reason)
• Notice periods vary (2 weeks to 4 months depending on ground)
• Court hearing is contested (tenant can defend)
• Some grounds are mandatory (court must grant), some discretionary (court decides)

Section 8 vs Section 21: what's the difference?

Section 21 requires no reason and guarantees possession if valid. Section 8 requires proving a specific ground, and the court can refuse possession for discretionary grounds even if proved.

Mandatory vs discretionary grounds

Mandatory grounds mean the court must grant possession if you prove the ground. Discretionary grounds mean the court considers whether it's reasonable to evict, even if the ground is proved.

Mandatory grounds:

• Ground 1: Landlord or family wants to occupy
• Ground 1A (NEW): Landlord intends to sell
• Ground 2: Mortgage lender repossession
• Ground 3: Off-season holiday let
• Ground 4: Student accommodation
• Ground 5: Minister of religion property
• Ground 6: Demolition or major works
• Ground 7: Death of tenant (periodic)
• Ground 7A: Serious ASB conviction
• Ground 8: At least 2 months' rent arrears

Discretionary grounds:

• Ground 9: Suitable alternative available
• Ground 10: Some rent arrears
• Ground 11: Persistent late payment
• Ground 12: Breach of tenancy
• Ground 13: Waste/neglect/deterioration
• Ground 14: Nuisance/ASB
• Ground 14A: Domestic violence
• Ground 15: Furniture deterioration
• Ground 16: Employee let termination
• Ground 17: False statement to get tenancy

Ground 8: Two months' rent arrears (mandatory)

Ground 8 is the most commonly used mandatory ground. The tenant must owe at least 2 months' rent at BOTH when you serve the notice AND at the court hearing. The court must grant possession if proved.

Requirements:

• At least 2 months' rent owed (8 weeks for weekly tenancies)
• Arrears must exist at two points: notice service AND court hearing
• Only 2 weeks' notice required

The catch: If the tenant pays down to less than 2 months' arrears before the hearing, Ground 8 fails. That's why you should always include Ground 10 (discretionary, any arrears) as a backup.

Evidence needed:

• Rent statements showing amounts owed
• Bank statements showing payments received
• Calculation proving 2+ months at both dates

Ground 10: Some rent arrears (discretionary)

Ground 10 applies when any rent is owed at notice service AND some rent was owed at hearing. It's discretionary, so the court decides if eviction is reasonable based on circumstances.

Use Ground 10:

• When arrears are less than 2 months
• As backup to Ground 8 (in case tenant pays down)
• When you want court to consider full payment history

The court considers: the amount owed, payment history, tenant circumstances, and whether eviction is proportionate. Having arrears doesn't guarantee possession—but persistent arrears with no improvement usually does.

Ground 14: Antisocial behaviour (discretionary)

Ground 14 covers nuisance, annoyance, and illegal or immoral activity by the tenant, household members, or visitors. You need documented evidence of specific incidents.

What counts:

• Noise nuisance affecting neighbours
• Harassment or intimidation
• Drug dealing or use
• Violence or threats
• Criminal activity from the property

Evidence needed:

• Incident diary with dates, times, specific details
• Written statements from affected neighbours
• Police reports and crime reference numbers
• Council ASB team reports
• Photographs of damage

Notice period: 2 weeks minimum. For serious cases involving violence, immediate proceedings may be possible.

Ground 12: Breach of tenancy (discretionary)

Ground 12 covers any breach of tenancy terms except rent (use Grounds 10/11 for rent). Examples include keeping pets when prohibited, subletting without permission, or damaging the property.

Common breaches:

• Keeping pets without permission
• Subletting or having unauthorised occupiers
• Running a business from the property
• Damaging the property
• Changing locks without permission

Evidence needed:

• Copy of tenancy agreement showing the breached term
• Evidence of the breach (photos, witness statements)
• Correspondence about the breach
• Proof you haven't consented to the breach

Notice period: 2 weeks minimum.

New grounds under the Renters' Rights Act

The Renters' Rights Act 2025 adds new mandatory grounds for selling the property and expands the family occupation ground. These replace Section 21 for landlords who need to regain possession for sale or personal use. They require 12 months of tenancy first and 4 months' notice.

Ground 1A: Landlord intends to sell (NEW)

This is an entirely new mandatory ground introduced by the Renters' Rights Act. It gives landlords a legal route to regain possession when they genuinely intend to sell the property.

• Mandatory ground -- the court must grant possession if proved
• Can only use after 12 months of the tenancy
• 4 months' notice required
• Must demonstrate a genuine intention to sell
• The property must be marketed within a reasonable timeframe after possession

Ground 1: Landlord or family wants to occupy (expanded)

Ground 1 already existed but has been strengthened and expanded under the Act. It now carries stronger protections for both landlord and tenant.

• Mandatory ground -- court must grant possession
• Can only use after 12 months of the tenancy
• 4 months' notice required
• For the landlord or a close family member to live in the property as their main home

Penalties for misuse of sale or family grounds

The Renters' Rights Act introduces penalties to prevent landlords from abusing these new grounds. If you use Ground 1A (sale) or Ground 1 (family occupation) to evict a tenant but then re-let the property within 12 months without a genuine reason, you face financial penalties. This is designed to stop landlords using these grounds as a back-door replacement for Section 21. Always ensure your intention is genuine before relying on these grounds.

These grounds are not available immediately -- you must wait 12 months into the tenancy before using them. Since the Renters' Rights Act also converts all fixed-term tenancies to rolling periodic tenancies, the 12-month clock starts from when the tenancy began, not from any renewal date.

How to serve a Section 8 notice

Complete Form 3 with your chosen grounds and specific particulars. Serve on all named tenants by recorded delivery or in person. Keep proof of service. Wait for the notice period to expire before applying to court.

Step-by-step:

1. Choose your grounds - Select all that apply to your situation
2. Check notice periods - Use the longest if citing multiple grounds
3. Complete Form 3 - Include specific particulars for each ground
4. Serve on all tenants - Every named person on the tenancy
5. Keep proof of service - Recorded delivery receipt, witness statement
6. Wait for notice period - Don't apply to court too early
7. Apply to court - Using Form N5 and N119

Court process timeline

After the notice period expires, apply to court using Forms N5 and N119. Court hearing is typically 6-8 weeks later. If successful, the possession order gives the tenant 14-28 days to leave. Bailiff enforcement adds another 4-6 weeks.

Typical timeline:

Total time: 4-6 months for most cases. Complex or contested cases can take longer.