Section 8 notice grounds: every ground for possession
By TenancyDesk · Sources checked
A section 8 notice must name at least one ground for possession from Schedule 2 of the Housing Act 1988. Mandatory grounds (1 to 8) oblige the court to order possession if proved. Discretionary grounds (9 to 18) also need the court to find it reasonable. Notice runs from none to 4 months.
- Mandatory grounds
- Grounds 1 to 8: court must order possession if proved
- Discretionary grounds
- Grounds 9 to 18: court decides if it is reasonable
- Longest notice
- 4 months (for example moving in or selling)
- Shortest notice
- None for Grounds 7A and 14 (antisocial behaviour)
- Rent arrears, Ground 8
- 3 months’ rent owed, 4 weeks’ notice
- After Ground 1 or 1A
- No re-letting or marketing for 12 months
How section 8 grounds work
A ground for possession is a legal reason a court can accept for ending a tenancy. Since 1 May 2026 a private landlord in England needs at least one, written into a section 8 notice on Form 3A. There is no longer a way to end an assured periodic tenancy without one.
The grounds are listed in Schedule 2 of the Housing Act 1988, as amended by the Renters’ Rights Act 2025. Each has its own conditions and its own minimum notice period. You can use several in one notice, and the longest period then applies, unless you include Ground 7A or 14.
This guide lists the grounds for England. Some are for social landlords and are marked as such. Wales, Scotland and Northern Ireland have different law.
Sources: GOV.UK: grounds for possession, guidance for landlords and letting agents · Legislation: Housing Act 1988, section 8 (notice periods)
Mandatory and discretionary grounds: the difference
With a mandatory ground, the judge must make a possession order if you prove the ground. The order is outright: the tenant must leave by the date in it, usually within 14 days, and the court can delay that by up to 6 weeks in a case of exceptional hardship.
With a discretionary ground, proving it is not enough. The court must also think it reasonable to make an order, and it may make a suspended order instead, which lets the tenant stay if they keep to conditions such as paying off arrears.
You can put a mandatory and a discretionary ground on the same notice where both fit, for example Grounds 8, 10 and 11 for arrears. If the arrears drop below the Ground 8 level before the hearing, the discretionary grounds are still there for the judge to consider.
Sources: GOV.UK: Form 3A guidance for private landlords (PDF)
Mandatory section 8 grounds (Grounds 1 to 8)
These are the mandatory grounds as GOV.UK’s grounds for possession guidance lists them, with the notice periods set by section 8 of the Housing Act 1988.
| Ground | What it covers | Notice |
|---|---|---|
| 1 | Occupation by landlord or family: you or a close family member need to move in. Not in the first 12 months. | 4 months |
| 1A | Sale of dwelling house: you intend to sell. Not in the first 12 months. | 4 months |
| 1B | Sale under rent to buy. Social housing providers. | 4 months |
| 2 | Sale by mortgagee: the mortgage lender is taking possession after missed mortgage payments. | 4 months |
| 2ZA, 2ZB | Possession when a superior lease ends. | 4 months |
| 2ZC, 2ZD | Possession by a superior landlord after a superior lease ends. | 4 months |
| 4 | Student accommodation let by a university or college. | 2 weeks |
| 4A | HMO let to full-time students, needed for new students between 1 June and 30 September. | 4 months |
| 5 | Property held for a minister of religion. | 2 months |
| 5A | Needed for an agricultural worker. | 2 months |
| 5B, 5D | Employment requirements. Social housing providers. | 2 months |
| 5C | End of employment by the landlord: the home came with the tenant’s job. | 2 months |
| 5E, 5F | Supported accommodation. | 4 weeks |
| 5G | Tenancy granted under a council’s homelessness duty. | 4 weeks |
| 5H | Stepping stone accommodation. Registered providers and charities. | 2 months |
| 6 | Redevelopment or demolition that cannot be done with the tenant in place. | 4 months |
| 6A | Decant accommodation. Social landlords. | 4 months |
| 6B | Compliance with enforcement action against the landlord. | 4 months |
| 7 | Death of tenant, where the tenancy passed under a will or intestacy. | 2 months |
| 7A | Severe antisocial or criminal behaviour: a conviction, breach of an order or a closure order. | None |
| 7B | No right to rent: the Home Office has notified you. | 2 weeks |
| 8 | Rent arrears of at least 3 months’ rent (13 weeks’ if paid weekly or fortnightly). | 4 weeks |
Sources: GOV.UK: grounds for possession, guidance for landlords and letting agents · Legislation: Housing Act 1988, section 8 (notice periods)
Discretionary section 8 grounds (Grounds 9 to 18)
For each of these the court must be satisfied both that the ground is proved and that an order is reasonable.
| Ground | What it covers | Notice |
|---|---|---|
| 9 | Suitable alternative accommodation is available for the tenant. | 2 months |
| 10 | Any rent arrears: some rent is owed, below the Ground 8 level. | 4 weeks |
| 11 | Persistent arrears: the tenant has repeatedly paid late. | 4 weeks |
| 12 | Breach of tenancy: a term broken, other than paying rent. | 2 weeks |
| 13 | Deterioration of property caused or allowed by the tenant. | 2 weeks |
| 14 | Antisocial behaviour by the tenant, someone living with them or a visitor. | None |
| 14A | Domestic abuse. Social landlords. | 2 weeks |
| 14ZA | Rioting: a conviction for an offence during a riot. | 2 weeks |
| 15 | Deterioration of furniture provided with the property. | 2 weeks |
| 17 | False statement made to obtain the tenancy. | 2 weeks |
| 18 | Supported accommodation: the tenant is not co-operating with support. | 4 weeks |
Sources: GOV.UK: grounds for possession, guidance for landlords and letting agents · Legislation: Housing Act 1988, section 8 (notice periods)
Grounds 1 and 1A: moving in or selling
Ground 1 covers you or a close family member needing the property as an only or main home. The Act lists who counts: the landlord, their spouse, civil partner or partner, and the landlord’s parent, grandparent, sibling, child or grandchild, plus a child or grandchild of the partner. Ground 1A covers a landlord who intends to sell.
Both need 4 months’ notice and both are barred in the first year. GOV.UK says you can give notice during the first 12 months of a new tenancy, but it cannot expire before the 12 months have ended. Ground 1A also cannot be used where the tenant has an assured tenancy created before 1 May 2026 that was not an assured shorthold tenancy.
Then comes the re-letting ban. After relying on Ground 1 or 1A you must not let the property, or market it to let, during a 12-month restricted period. GOV.UK’s guidance for councils says this generally starts when the notice is served and ends twelve months after the date in the notice for the earliest court proceedings. Breaking it is an offence, with a penalty of up to £40,000 as an alternative to prosecution.
The ban does not apply, or ends early, if you or a close family member move in as an only or main home, if the occupier has agreed to buy the property or take a lease of more than 21 years, or if the court orders possession on a different ground.
Sources: GOV.UK: grounds for possession, guidance for landlords and letting agents · Legislation: Housing Act 1988, Schedule 2 (the grounds) · GOV.UK: enforcement measures for landlords under the Renters’ Rights Act 2025 · GOV.UK: guide to the Renters’ Rights Act
Grounds 8, 10 and 11: rent arrears
Ground 8 is the mandatory arrears ground. The tenant must owe at least 3 months’ rent if they pay monthly, or 13 weeks’ rent if they pay weekly or fortnightly, on the day you give notice and again on the day of the hearing. Rent unpaid only because a Universal Credit housing payment has not yet arrived is ignored.
Before 1 May 2026 the threshold was 2 months and the notice 2 weeks. It is now 3 months and 4 weeks. Grounds 10 (any arrears) and 11 (persistent late payment) are discretionary and also need 4 weeks’ notice. Our guide to rent arrears and tenants not paying rent goes through the steps.
Sources: GOV.UK: grounds for possession, guidance for landlords and letting agents · Legislation: Housing Act 1988, Schedule 2, Ground 8 · GOV.UK: guide to the Renters’ Rights Act
Choosing and evidencing a ground
Pick the ground that matches what is really happening. A council can fine a landlord up to £7,000 for relying on a ground without a reasonable belief that a court would grant possession on it, and knowingly using a ground that does not apply can lead to prosecution or a penalty of up to £40,000.
- Write down your actual reason, then find the ground whose conditions it meets.
- Check the tenancy start date against the 12-month rule (Grounds 1 and 1A) and the usual 6-month rule for Ground 6.
- Gather evidence: a rent statement, an estate agent’s instruction, photographs, letters, police or council references.
- Copy the full legal wording of each ground into Form 3A. The Form 3A generator adds it for you.
- Work out the notice period from the day of service, using the longest period among your grounds.
- Confirm the deposit was protected, since the court checks this before making an order.
- Read the court stages in how to evict a tenant in England before you serve.
Sources: GOV.UK: enforcement measures for landlords under the Renters’ Rights Act 2025 · GOV.UK: grounds for possession, guidance for landlords and letting agents · GOV.UK: Form 3A guidance for private landlords (PDF)
Common questions
How many grounds for possession are there under section 8?
GOV.UK’s guidance for landlords lists 37 grounds from 1 May 2026, counting each lettered ground separately: 26 mandatory (Grounds 1 to 8) and 11 discretionary (Grounds 9 to 18). Several are for social landlords, universities or employers, so a typical private landlord uses a handful, mainly 1, 1A, 8, 10, 11, 12 and 14.
What are the mandatory grounds for a section 8 notice?
Grounds 1 to 8 are mandatory, including every lettered ground between them. The ones private landlords use most are Ground 1 (moving in), Ground 1A (selling), Ground 6 (redevelopment), Ground 7A (serious antisocial behaviour) and Ground 8 (at least 3 months’ rent arrears). If one is proved, the court must order possession.
Can I evict a tenant to sell my house?
Yes, using Ground 1A, with 4 months’ notice, but not so that the notice expires in the first 12 months of the tenancy. After relying on it you cannot re-let or market the property to let for 12 months, with limited exceptions. Keep evidence that you intend to sell.
Which family members count for Ground 1?
Ground 1 covers the landlord, their spouse, civil partner or partner, and the landlord’s parent, grandparent, sibling, child or grandchild, as well as a child or grandchild of the landlord’s partner. The person must need the property as their only or principal home, and 4 months’ notice applies.
What is the notice period for Ground 8?
4 weeks, counted from the day the notice is served. The tenant must owe at least 3 months’ rent (13 weeks’ if rent is paid weekly or fortnightly) both on that day and at the court hearing. Before 1 May 2026 the notice period for Ground 8 was 2 weeks.
Can a landlord re-let after using Ground 1 or 1A?
Not for 12 months, in most cases. The Housing Act 1988 bars letting or marketing the property during a restricted period after relying on either ground. Breaking the rule is an offence, and a council can impose a penalty of up to £40,000 instead of prosecuting.
What is a discretionary ground?
A discretionary ground is one of Grounds 9 to 18, where the court can refuse possession even if the ground is proved. The judge must think an order is reasonable, and can suspend it on conditions. Rent arrears below 3 months (Ground 10) and breach of the tenancy agreement (Ground 12) are common examples.
Official sources and scope
Checked on 5 October 2026. This is general information for private landlords in England, not legal advice or a complete compliance assessment. Follow the current official guidance for your tenancy and get advice about exceptions, missed deadlines or disputes.
- GOV.UK: grounds for possession, guidance for landlords and letting agents
- Legislation: Housing Act 1988, section 8 (notice periods)
- Legislation: Housing Act 1988, Schedule 2 (the grounds)
- Legislation: Housing Act 1988, Schedule 2, Ground 8
- GOV.UK: Form 3A guidance for private landlords (PDF)
- GOV.UK: enforcement measures for landlords under the Renters’ Rights Act 2025
- GOV.UK: guide to the Renters’ Rights Act
Ready to prepare the document?
Use the relevant tool, then check the completed details and keep a record of delivery.
Open the Form 3A section 8 notice generator