Section 8 Grounds for Landlords: Complete 2026 Guide

Mandatory versus discretionary grounds: the critical distinction

On mandatory grounds, once the ground is proved, the court must grant possession — the judge has no choice. On discretionary grounds, the judge weighs all the circumstances and decides whether it is reasonable to grant possession. Mandatory grounds provide certainty; discretionary grounds can go either way.

This distinction is fundamental to understanding Section 8 strategy. If you have a choice between multiple grounds, a mandatory ground is always preferable where available — it removes the element of judicial discretion and the risk that a sympathetic judge might refuse possession despite the ground existing.

Mandatory grounds

On a mandatory ground, once you prove the ground exists (for example, proving that 2 months rent arrears were owed at the notice date and the hearing date for Ground 8), the court must issue a possession order. The tenant cannot argue that it would be unreasonable or that they have good reasons for the arrears. The judge's only role is to verify the ground is made out.

However, even on mandatory grounds, the court can adjourn a case briefly if the facts are genuinely disputed. If the tenant contests whether the arrears actually exceeded 2 months, the judge may need to hear evidence before making the order.

Discretionary grounds

On a discretionary ground, even if you prove the ground exists, the court may refuse possession if it considers that it would not be reasonable to grant it in all the circumstances. The judge considers factors such as: the seriousness of the breach, the tenant's personal circumstances, whether the tenant has made efforts to remedy the breach, and the likely consequences of possession for the tenant and any dependants.

This means discretionary grounds carry more risk for landlords. A judge who finds the tenant's circumstances particularly sympathetic may refuse possession even where the ground clearly exists. Building as strong a factual case as possible is essential for discretionary grounds.

Quick reference: all Section 8 grounds

The following table summarises all Section 8 grounds as amended by the Renters' Rights Act 2025, effective from 1 May 2026.

Mandatory grounds explained in detail

Ground 1: Landlord or family member intending to occupy

Ground 1 allows possession where the landlord or a family member (spouse, civil partner, cohabiting partner, parent, sibling, or adult child) genuinely intends to occupy the property as their only or principal home. It requires 3 months notice and is only available after the first 12 months of the tenancy.

Who can use Ground 1? The ground is available to any individual landlord seeking possession for their own occupation or for a close family member. It is not available to corporate landlords (where the 'landlord' is a company rather than a person). A close family member for these purposes means: spouse or civil partner, cohabiting partner, parent or step-parent, sibling or step-sibling, or adult child or step-child.

What 'principal home' means: The person moving in must genuinely intend to occupy the property as their main home — not as a second home, holiday let, student accommodation for another, or investment property. Courts will scrutinise the genuineness of the intention, particularly where there is any indication of a speculative or pretextual use of the ground.

Evidence to gather:

• Correspondence confirming the intention (emails, letters between you and the family member)
• Evidence that the family member's current accommodation is ending (lease ending, sale of current home)
• If possible, witness statements from the family member
• Any other evidence of genuine relocation plans

The 3-month re-letting restriction: If you recover possession under Ground 1 and then re-let the property within 3 months (rather than occupying it as stated), the former tenant can bring a claim against you for abuse of process. Keep records of occupation after possession.

12-month restriction: Ground 1 is not available in the first 12 months of a tenancy. This is a significant restriction — a landlord who discovers an urgent personal need to recover the property within year one has no mechanism to do so on this ground.

Ground 1A: Landlord intending to sell (new)

Ground 1A is a new mandatory ground introduced by the Renters' Rights Act. It applies where the landlord genuinely intends to sell the property. It requires 3 months notice, is only available after the first 12 months of the tenancy, and carries a 3-month restriction on re-letting after possession is recovered.

Ground 1A fills a major gap created by the abolition of Section 21. Previously, landlords who wanted to sell simply served a Section 21 notice. Now they must use Ground 1A, which requires proof of genuine intent to sell.

What counts as intent to sell: The landlord must genuinely intend to sell the freehold (or the landlord's interest) in the property. Selling a leasehold interest where the landlord retains a superior interest does not qualify. Selling to a family member (to move them in) may be scrutinised carefully if it looks like an attempt to use Ground 1A as a substitute for Ground 1 while avoiding the family member requirement.

Evidence to gather:

• Written instructions to an estate agent or conveyancing solicitor
• Property valuations obtained in preparation for sale
• Evidence that the property has been or is being marketed (Rightmove/Zoopla listings)
• Correspondence with mortgage lender about sale if property is mortgaged

The 3-month re-letting restriction: If you recover possession under Ground 1A claiming to sell, and then re-let the property within 3 months without selling, the former tenant can bring a compensation claim against you. This restriction also applies if the sale does not proceed — if the sale falls through after possession is recovered, take legal advice on whether and when you can re-let without triggering the restriction.

Ground 6: Substantial redevelopment

Ground 6 applies where the landlord intends to demolish or substantially redevelop the property and cannot reasonably do so with the tenant in occupation. It requires 3 months notice. The landlord must show genuine development intent, not just minor refurbishment.

This ground is most relevant to landlords who have obtained planning permission for significant works — demolition and rebuild, conversion to a different use, structural extension, or major reconfiguration. Minor repairs and redecorations do not qualify. The test is whether the works 'substantially' affect the structure or character of the building and whether they can reasonably be carried out with the tenant in occupation (they generally cannot if the works affect the tenant's living space).

Evidence to gather: Planning permission (if obtained), architect's plans or contractor estimates, building regulation approvals or applications, and evidence that the works cannot be phased around the tenant's occupation.

Ground 6A: Property in breach of legal requirements (new)

Ground 6A is a new mandatory ground applying where the continued letting of the property would be in breach of a legal requirement, for example where the property requires an HMO licence that the landlord does not hold. It requires only 4 weeks notice.

This ground is two-edged. It allows landlords who have inadvertently fallen into a licensing or compliance breach to recover possession and rectify the situation. But it also means tenants and local authorities can use it as a lever: a tenant who discovers the property is unlicensed (as an HMO, or in a selective licensing area) may be able to invoke this ground's existence as a bargaining chip, knowing the landlord is exposed to enforcement action and has a quick route to possession only if they are willing to acknowledge the breach.

The practical implications: keep all licences current, apply for renewals well in advance, and ensure properties in selective licensing areas are licensed before letting.

Ground 8: Significant rent arrears

Ground 8 is the primary arrears ground and the most frequently used mandatory ground. It applies where the tenant owes at least 2 months rent both when the Section 8 notice is served and when the case is heard by the court. Both tests must be satisfied for the mandatory ground to apply.

Ground 8 is the workhorse of the new Section 8 regime. Most rent arrears cases will be brought under Ground 8 where the arrears are sufficient, with Ground 10 (any arrears) cited as a fallback and Ground 8A (repeated arrears) cited if the pattern exists.

The two-date test: The arrears must be at least 2 months' rent at the notice date and at the hearing date. The amount must be calculated by reference to the monthly rent: if rent is £1,000/month, at least £2,000 must be outstanding at both dates.

The problem: Tenants (or their advisers) know that paying down arrears below 2 months before the hearing defeats the mandatory ground. Some tenants receive benefits or local authority assistance specifically timed to do this. This is why Ground 8A (repeated arrears, even if currently paid) was introduced.

Evidence to gather:

• Detailed rent ledger showing rent due and rent paid from the start of the tenancy
• Bank statements showing payment receipts
• Written communications chasing arrears
• Any rent guarantee insurance claim records (if applicable)

Keep monitoring up to the hearing date: If the tenant pays off enough arrears between notice and hearing to drop below 2 months, you need to update your position at the hearing and rely on your fallback grounds (Ground 10, Ground 8A). Do not assume the mandatory ground will still be satisfied at the hearing without checking the current arrears position.

New discretionary grounds added by the Renters' Rights Act

Ground 8A: Repeated rent arrears (new)

Ground 8A is a new discretionary ground that applies where a tenant has been in arrears of 2 or more months' rent on at least 3 separate occasions in the last 3 years, even if they are currently paid up. It requires 4 weeks notice. The court has discretion on whether to grant possession.

Ground 8A addresses a significant gap in the previous law. A tenant who habitually runs up arrears and pays them off before the Ground 8 hearing could repeat this cycle indefinitely, since each time the arrears were cleared, the mandatory ground was defeated. Ground 8A allows the court to consider the pattern of behaviour, not just the current arrears position.

The three-occasion test: The tenant must have been in arrears of at least 2 months on 3 or more separate occasions in the previous 3 years. Each 'occasion' is a period when the arrears level reached or exceeded 2 months — even if the same arrears were paid off and built up again, each peak counts as a separate occasion if there was a period of being current in between.

Record-keeping is critical: To use Ground 8A effectively, you need a clear arrears history going back up to 3 years. This means the rent ledger from LandlordOS or your other management system must accurately record all instances of 2-month arrears. Given that Ground 8A requires 3 occasions, this ground will often not be available in the first 2-3 years of a tenancy, but for long-standing tenancies with a pattern of arrears, it is a powerful new tool.

Discretionary nature: Because Ground 8A is discretionary, the court will consider all the circumstances. A judge may refuse possession if the tenant can show the arrears were caused by a housing benefit payment delay, a genuine one-off emergency, or other mitigating circumstances. Present the full pattern of arrears with dates and amounts to give the court the complete picture.

Discretionary grounds explained in detail

Ground 10: Some rent arrears

Ground 10 is a discretionary ground covering any level of rent arrears at the time of the notice. Unlike Ground 8, there is no minimum arrears level and no requirement for arrears at the hearing date. The court has discretion on whether to grant possession.

Ground 10 is most useful as a fallback alongside Ground 8. If you serve a notice citing both Ground 8 and Ground 10, and the tenant pays off enough arrears to defeat Ground 8 before the hearing, Ground 10 may still allow the court to grant possession (though it will exercise discretion). In practice, courts are generally reluctant to grant possession on Ground 10 alone where the tenant has cleared their arrears, but it keeps the option open.

Ground 11: Persistent late payment

Ground 11 applies where the tenant persistently pays rent late, even if they are not currently in arrears. The court must be satisfied that there is a pattern of persistent late payment and that it is reasonable to grant possession.

This ground is underused but valuable for landlords dealing with tenants who are technically current but consistently pay days or weeks late every month. Document every late payment with dates: date rent was due, date rent was received. A pattern of 6-12 months of late payments is typically needed to establish 'persistence.'

The court will consider whether the landlord gave the tenant sufficient warnings about the late payment pattern before serving notice. Sending written warnings (by email is fine) before serving notice strengthens the case and demonstrates that the landlord gave the tenant a fair opportunity to improve.

Ground 12: Breach of tenancy obligation

Ground 12 applies where the tenant has broken any obligation in the tenancy agreement, other than the obligation to pay rent (which is covered by Grounds 8, 8A, 10, and 11). The court has discretion and will consider the seriousness of the breach and whether the tenant has remedied it.

Common breaches used with Ground 12:

• Subletting without permission (where the tenancy prohibits subletting or requires written consent)
• Keeping a pet without permission (where the tenancy prohibited pets before the RRA — note that pet requests under the RRA must now be handled under the new process)
• Using the property for business purposes in breach of a residential-only restriction
• Failing to maintain a garden or communal area as required by the tenancy
• Causing or permitting damage beyond fair wear and tear
• Interfering with smoke or carbon monoxide alarms

The breach must be ongoing or have been sufficiently serious to warrant possession even if remedied. Courts are reluctant to order possession for minor, isolated breaches that have been remedied. The more serious and persistent the breach, and the more warnings the landlord has given, the stronger the case.

Ground 13: Deterioration of the property

Ground 13 applies where the condition of the property has deteriorated due to waste, neglect, or the default of the tenant (or someone living with them). The court has discretion and will consider whether the deterioration is serious and whether the tenant is responsible.

This ground is distinct from normal wear and tear, which is always the landlord's responsibility. Ground 13 covers deliberate or negligent damage, long-term neglect (not reporting leaks that then cause significant water damage), or the consequences of severe hoarding. Photographic evidence before and after, professional reports on the extent of damage, and repair cost estimates are all essential.

Importantly, the landlord must show the deterioration is due to the tenant's acts or neglect, not the landlord's failure to maintain. If a landlord has failed to repair a known defect that contributed to the deterioration, this may be used by the tenant's defence.

Ground 14: Nuisance and anti-social behaviour

Ground 14 allows possession where the tenant or someone living with them has caused or is likely to cause a nuisance or annoyance to people in the locality, has been convicted of using the property for illegal purposes, or has been convicted of certain criminal offences at or near the property. Notice can be served immediately or with 2 weeks notice.

Ground 14 is the fastest-acting ground in terms of notice period. In cases of serious anti-social behaviour, the notice can state that proceedings may begin immediately — there is no waiting period before the landlord can issue a court claim.

Evidence to gather:

• Written complaints from neighbours (dated, signed)
• Police reports or crime reference numbers
• Council anti-social behaviour team correspondence
• Your own dated contemporaneous notes of incidents you witnessed or were reported to you
• CCTV footage if available
• Court convictions relating to the property or neighbouring area

Courts apply Ground 14 with care — possession has significant consequences and judges will scrutinise the evidence carefully. A pattern of behaviour over time, supported by multiple sources of evidence, is much stronger than isolated complaints from a single neighbour who may themselves have a dispute with the tenant.

Ground 14A: Domestic abuse

Ground 14A applies where a tenancy was held jointly by a tenant who has left the property as a result of domestic abuse, and the other tenant (the perpetrator) remains. The ground allows the perpetrator's tenancy to be ended so the victim can (if appropriate) be rehoused.

This ground is primarily used by social landlords, but is extended to the private rented sector by the Renters' Rights Act. In practice, it requires cooperation with specialist domestic abuse services and careful handling. Landlords in this situation should seek legal advice and make contact with the local authority housing team and domestic abuse charities.

Ground 15: Deterioration of furniture

Ground 15 applies to furnished tenancies only, where furniture provided by the landlord has deteriorated due to ill-treatment by the tenant or someone living with them. The court has discretion and will consider the seriousness of the deterioration and the landlord's responsibility for maintaining the furniture.

Evidence: a detailed inventory with photographs at the start of the tenancy (signed by the tenant as agreed), compared to current condition photographs and a professional valuation of the damage. An unsigned or disputed inventory significantly weakens the case.

Ground 17: Tenancy obtained by false statement

Ground 17 applies where the tenancy was granted as a result of a false statement made knowingly or recklessly by the tenant or a person acting on their behalf. The court has discretion and will consider the seriousness of the false statement and whether it materially affected the decision to grant the tenancy.

Common examples: misrepresenting employment status, providing false references, denying previous evictions or county court judgments. Notice is 2 weeks. Evidence must show that the false statement was actually made, that it was false (not merely a misunderstanding), and that it influenced the landlord's decision to grant the tenancy.

Serving the Section 8 notice: getting it right

The Section 8 notice must be on the prescribed Form 3, must correctly state the grounds relied upon, and must be served by an approved method. An error in the notice — wrong form, wrong ground number, incorrect notice period — can invalidate it entirely, requiring you to start again.

The Section 8 notice (Form 3) is available from the Ministry of Justice website. Use only the current version — using an outdated form may invalidate the notice. The notice must:

• Identify the tenancy (address, landlord, tenant)
• State which ground(s) are relied upon (by number and in full)
• Explain why the ground(s) apply in this case
• State the date on or after which proceedings may begin (this must be the notice period from the date of service)

For notice periods, see: Renters' Rights Act Notice Periods: Every Ground Explained.

Method of service

The notice must be served by one of these methods:

• Personal delivery — hand the notice directly to the tenant (get a signed receipt)
• Leaving at the property — putting it through the letter box or leaving it at the last known address counts but is harder to prove
• First class post — service is deemed to occur the day after posting under the Interpretation Act 1978 (so add one extra day to the notice period)
• Email — only if the tenancy agreement explicitly provides for service by email and specifies the email address

Always keep proof of service: a certificate of posting, a signed delivery receipt, or a sent email with read receipt. Without proof of service, the tenant can challenge whether and when the notice was received.

Citing multiple grounds

You can cite multiple grounds in a single notice. This is standard practice and strongly advisable where multiple grounds are available. Citing Ground 8 and Ground 10 together means that if the mandatory ground fails at the hearing (because arrears have dropped below 2 months), the discretionary ground remains alive. Similarly, citing Ground 8A alongside Grounds 8 and 10 where a pattern exists preserves all options.

The court process for Section 8 possession claims

After the notice period expires and the tenant has not left, you apply to the county court for a possession order. The process typically takes 2-4 months for uncontested mandatory grounds and 4-8 months for contested or discretionary cases. Costs are significant and must be planned for.

For the full step-by-step guide to the court process, including how to file a claim, what happens at a hearing, and how to enforce a possession order, see: How to Evict a Tenant in 2026: Step-by-Step Guide.

Accelerated possession procedure

The accelerated possession procedure allows possession claims on certain mandatory grounds to be decided without a court hearing, based on the paperwork alone. This is faster than the standard track. The accelerated procedure is available where the ground is mandatory and the facts are clear-cut. Not all mandatory grounds are eligible for the accelerated procedure — check with your solicitor or HMCTS guidance before filing.

Costs

Court fees for a possession claim currently start at around £391 (for online claims) with additional costs if the case is contested. Solicitor fees for a defended possession hearing can range from £1,500 to £5,000 depending on complexity. Bailiff fees add further cost. Budget for total enforcement costs of £2,000-£8,000+ for a contested Section 8 case from notice to possession.

Tips for successful Section 8 claims

The landlords who succeed with Section 8 are those who start building their evidence from day one of the tenancy, not from the day they decide to seek possession. Documentation, correct notice form, and patient adherence to procedure are the keys to success.

• Keep a rent ledger from day one. Record every payment due and every payment received, with dates. This is the backbone of any arrears claim and the evidence base for Ground 8A's three-occasion test.
• Document every communication with the tenant. Email is preferable to phone calls (it creates a record). Keep copies of all letters, text messages, and emails.
• Carry out regular property inspections (with notice). Photographs at each inspection create a timeline of property condition. Give tenants the correct notice (typically 24 hours) and record their consent.
• Serve written warnings before serving notice. For discretionary grounds, a written warning giving the tenant an opportunity to remedy the breach before you serve a Section 8 notice strengthens your case and demonstrates reasonableness.
• Use the correct form and notice period. Check that Form 3 is the current version (download it fresh from the Ministry of Justice website). Calculate the notice period carefully. One day short invalidates the notice.
• Seek legal advice for contested cases. Simple mandatory ground cases can be managed without a solicitor. Contested cases, discretionary grounds, and any case involving vulnerable tenants should involve specialist legal advice.
• Do not threaten to or attempt to remove the tenant yourself. Illegal eviction is a criminal offence. Use the court process.

Frequently asked questions

What is the difference between mandatory and discretionary grounds?

On mandatory grounds, the court must grant possession if the ground is proved. The judge has no discretion. On discretionary grounds, the judge weighs all the circumstances and decides whether granting possession is reasonable. Mandatory grounds give landlords certainty; discretionary grounds can go either way depending on the circumstances.

Which ground is used for rent arrears?

Ground 8 (mandatory) for 2+ months arrears at both notice and hearing dates. Ground 10 (discretionary) for any arrears. Ground 8A (new, discretionary) for a pattern of repeated arrears, even if currently paid. Cite all three together where available.

Can the judge refuse on mandatory grounds?

No. Once a mandatory ground is proved, the court must make a possession order. The judge cannot refuse on grounds of compassion or circumstances. The judge can, however, adjourn if the facts are genuinely disputed, and can delay enforcement if there are exceptional circumstances.

How long does Section 8 take?

From notice to possession order: 2-4 months for uncontested mandatory ground cases; 4-8 months for contested or discretionary cases. Bailiff enforcement after the order adds 4-8 weeks. Total from notice to keys: expect 3-9 months depending on complexity.

What if the tenant pays the arrears?

If arrears drop below 2 months before the hearing, Ground 8 (mandatory) fails. The case continues on Grounds 10 and 8A if they were also cited. The court may still grant discretionary possession if there is a history of arrears, but it is not guaranteed. Always cite multiple arrears grounds in the notice.

Can I use multiple grounds?

Yes — and you should. Citing multiple grounds in a single Section 8 notice is standard practice and strongly advisable. If one ground fails (for example, arrears are paid off), the other grounds keep the claim alive.