New Section 8 Grounds for Possession: What Landlords Need To Know
We have recently reported on the impact that the Renters Rights Act will have on residential landlords. One of the biggest changes for landlords following these changes is the abolishment of Section 21 from the Housing Act 1988. There will now be only one way to regain possession, and that is with Section 8 of the Housing Act 1988.
The current Section 8 process has been given a facelift to allow landlords to have a wider range of options and reasons to regain possession of their property. These changes come into effect on 01 May 2026. To get ahead of this date and make sure you are prepared for the new Section 8 grounds for possession process, we have summarised what you need to know in this article.
Out with the old…
Most, if not all, landlords will be familiar with the following current grounds for possession; however, these will be amended, and a new set of grounds will be added.
| Mandatory | Discretionary |
| Ground 1:
Landlord wants to move in |
Ground 9:
Alternative accommodation available |
| Ground 2:
Mortgage Repossession |
Ground 10:
Some rent arrears at time of service of notice and possession proceedings |
| Ground 3:
Out-of-season holiday let |
Ground 11:
Persistent late payment of rent |
| Ground 4:
Let to a student by an educational institution |
Ground 12:
Breach of tenancy agreement |
| Ground 5:
Property required for use by a minister of religion |
Ground 13:
Tenant deteriorated property |
| Ground 6:
Demolition/redevelopment |
Ground 14:
Nuisance/annoyance/illegal/immoral use of property |
| Ground 7:
Death of tenant |
Ground 14A:
Domestic abuse (social tenancies only – where the victim has permanently left the property) |
| Ground 7a:
Serious anti-social behaviour |
Ground 14ZA:
Rioting |
| Ground 7b:
No right to rent in the UK |
Ground 15:
Tenant has deteriorated furniture |
| Ground 8:
Serious rent arrears at the time of service of notice and possession proceedings |
Ground 16:
Employment |
| Ground 17:
False Statement |
In with the new…
The new Section 8 grounds for possession will come into effect from 01 May 2026, and it is important for landlords to familiarise themselves with the following.
Mandatory grounds for possession
| Judge must award possession if ground is met | Minimum notice period |
| Ground 1: The landlord requires possession of the property for occupation by them or their family member | 2 months |
| Ground 1A: The landlord requires possession in order to sell the property. This cannot be done within the first 12 months of a tenancy | 4 months |
| Ground 1B: The landlord wishes to sell a property that is part of Rent to Buy. The landlord can use this ground to evict a tenant who at the end of the tenancy does not buy the property | 4 months |
| Ground 2: A mortgagee requires possession in order to sell the property to recover missed mortgage payments | 4 months |
| Ground 2ZA: The landlord requires possession because their superior lease is ending | 4 months |
| Ground 2ZB: The Landlord requires possession because their superior fixed term lease is ending | 4 months |
| Ground 2ZC: The Superior Landlord requires possession of the property | 4 months |
| Ground 2ZD: Possession by superior landlord (fixed term) | 4 months |
| Ground 4: Student accommodation | 2 weeks |
| Ground 4A: Properties rented to students for occupation by new students | 4 months. |
| Ground 5: Ministers of Religion | 2 months |
| Ground 5A: Occupation by agricultural worker | 2 months |
| Ground 5B: Occupation by person who meets employment requirements | 2 months |
| Ground 5C: End of employment by the landlord | 2 months |
| Ground 5D: End of employment requirements | 2 months |
| Ground 5E: Occupation as supported accommodation | 4 weeks |
| Ground 5F: Dwelling-house occupied as supported accommodation | 4 weeks |
| Ground 5G: Tenancy granted for homelessness duty | 4 weeks |
| Ground 5H: Occupation as ‘stepping stone accommodation | 2 months |
| Ground 6: Redevelopment | 4 months |
| Ground 6A: Decent Accommodation | 4 months. |
| Ground 6B: Compliance with enforcement action | 4 months |
| Ground 7: Death of Tenant | 2 months |
| Ground 7A: Severe antisocial or criminal behaviour | Notice is not required as you will be able to apply immediately to the court to start the eviction process. The court will not be able to make a possession order for 14 days from the date the notice is given. |
| Ground 7B: No right to rent | 2 weeks |
| Ground 8: Rent Arrears | 4 weeks |
Discretionary grounds for possession
| Judge may award possession if ground is met | Minimum notice period |
| Ground 9: Suitable alternative accommodation | 2 months |
| Ground 10: Any rent arrears | 4 weeks |
| Ground 11: Persistent Arrears | 4 weeks |
| Ground 12: Breach of Tenancy | 2 weeks |
| Ground 13: Deterioration of property | 2 weeks |
| Ground 14: Antisocial behaviour | Notice is not required as you will be able to apply immediately to the court to start the eviction process.
The court will not be able to make a possession order for 14 days from the date the notice is given. |
| Ground 14A: Domestic Abuse | 2 weeks |
| Ground 14ZA: Rioting | 2 weeks |
| Ground 15: Deterioration of furniture | 2 weeks |
| Ground 17: False Statement | 2 weeks |
| Ground 18: Supported Accommodation | 4 weeks |
How will the new grounds for possession process work?
Compared to the old process, the new Section 8 grounds for possession process will remain relatively the same, except for the fact that there will be no accelerated route for possession. In order to recover possession of a property, a landlord will need to be able to prove one of the listed grounds. For the majority of the grounds for possession, the landlord must serve a Section 8 notice on the tenant and, if they do not leave by the expiry of the notice, the landlord must make an application to the court for a possession order.
If a landlord is able to make out a mandatory ground, the court has to award a possession order. Where a landlord can only make out a discretionary ground, the court will have to consider whether to grant possession or not based on the test of reasonableness.
Where a ground does not require a notice, a landlord will be able to apply straight to court to regain possession.
Points to note
- Tenants will have a 12-month protected period at the beginning of a tenancy, which protects them from the landlord using Grounds 1 and 1A.
- For private registered providers of social housing, the new system will be implemented at a later stage.
- Guidance on acceptable evidence that the Landlord needs to provide to the court is yet to be released.
Facing the changes
The provisions of the Renters Rights Act, including new Section 8 grounds for possession, have been described as the biggest shake-up of the private rental sector in decades. The government has prepared guidance and resources for landlords and tenants on the new regime ahead of it coming into force. The new regime will come into effect on 01 May 2026, and landlords must ensure that they are prepared for this new regime.
At Kitson Boyce, our specialist property dispute resolution team is well-versed in the upcoming changes. If you require any assistance or legal advice on the new Section 8 grounds for possession or the Renters’ Rights Act more broadly, please contact Fiona Hannaford on 01803 206209 or email [email protected].
