Section 8 grounds for possession: a 2026 guide for landlords

Mandatory or discretionary: why it matters first

Every Section 8 ground is one of two kinds, and it decides how much control you actually have:

• Mandatory grounds — prove the ground and the court must grant possession. No room for the judge to refuse.
• Discretionary grounds — even when you prove the ground, the court decides whether it’s reasonable to evict, and can say no.

So build your case on a mandatory ground wherever you can, and use a discretionary ground to back it up rather than relying on it.

Selling or moving in: Grounds 1 and 1A

These replace the old no-fault route for landlords who need the property back for themselves. Ground 1 is for you or close family moving in; Ground 1A is for selling. Both work the same way:

• Four months’ notice before you can apply to court.
• Neither can be used in the first 12 months of the tenancy. You can serve the notice during that period, but it can’t expire until the 12 months are up.
• Once you’ve used either ground, you can’t re-let or re-market the property for 12 months. They’re for genuinely selling or moving in, not for clearing a tenant out and re-letting at a higher rent.

Rent arrears: Ground 8, and the discretionary fallbacks

Ground 8 is the one most landlords rely on, because it’s mandatory. The Renters’ Rights Act made it harder to reach: the threshold rose from two months’ arrears to three, and the notice from two weeks to four.

• The tenant must owe at least three months’ rent if they pay monthly, or 13 weeks’ if they pay weekly or fortnightly.
• Four weeks’ notice before you can apply to court.
• The arrears have to be at or above the threshold both when you serve notice and at the hearing. A tenant who pays down below three months’ rent before the hearing knocks out the mandatory ground.

Because of that last point, landlords usually serve Grounds 10 and 11 alongside Ground 8. Ground 10 covers any arrears at all; Ground 11 covers persistent late payment even if little is owed on the day. Both need four weeks’ notice and both are discretionary — the fallback if the tenant drops just under the Ground 8 line.

Anti-social behaviour: Grounds 14 and 7A

Ground 14 covers anti-social behaviour or nuisance. There’s no notice period — you can apply as soon as you’ve served notice — but the court can’t make a possession order until 14 dayshave passed. It’s discretionary, so the court weighs the conduct against the consequences of eviction.

Ground 7A is the mandatory route for the most serious cases — for example where the tenant has been convicted of a serious offence in or near the property. The same 14-day rule applies, but if you meet the strict conditions the court must grant possession.

How possession actually works

Whatever the ground, the route is the same three steps:

• Serve the correct notice (the Section 8 form), stating every ground you’re relying on and the facts behind each one. Get the grounds or the dates wrong and the notice can be thrown out.
• Wait out the notice period — four months, four weeks or the 14-day rule, depending on the ground.
• If the tenant doesn’t leave, apply to the court for a possession order. On a mandatory ground that’s proven, the order follows; on a discretionary one, the judge decides.

You can rely on more than one ground at once, and most contested cases do. Never change the locks or try to remove a tenant yourself — that’s an unlawful eviction, and a criminal offence.

The grounds landlords use most

• Ground 1A — selling. Mandatory. Four months’ notice. Not in the first 12 months.
• Ground 1 — you or family moving in. Mandatory. Four months’ notice. Not in the first 12 months.
• Ground 8 — three months’ arrears. Mandatory. Four weeks’ notice.
• Grounds 10 / 11 — any or persistent arrears. Discretionary. Four weeks’ notice.
• Ground 14 — anti-social behaviour. Discretionary. No notice; 14-day court delay.
• Ground 7A — serious anti-social or criminal conduct. Mandatory. 14-day court delay.

Common questions