Section 8 Grounds for Possession
Complete reference guide to all 17 grounds under the Housing Act 1988 for regaining possession of a rental property.
This is a reference guide only. Section 8 proceedings are complex legal matters. Both landlords and tenants should seek professional legal advice before serving notices or responding to them. The Renters' Rights Bill may significantly change these grounds when enacted.
What is a Section 8 Notice?
A Section 8 notice (Form 3) is served when a landlord wants to evict a tenant for breaking the tenancy agreement. Unlike Section 21, the landlord must prove specific grounds and the tenant can challenge them in court.
Mandatory vs Discretionary
If the landlord proves a mandatory ground, the judge MUST grant possession. No discretion to consider circumstances.
Even if proven, the judge only grants possession if "reasonable" considering all circumstances of both parties.
The Court Process
- Landlord serves Section 8 notice stating grounds and giving required notice period
- If tenant doesn't leave by the date specified, landlord applies to court
- Court hearing where both parties present evidence
- Judge decides if grounds are proven and (for discretionary) if reasonable
- If successful, possession order issued with date to leave
- If tenant doesn't leave, landlord must apply for bailiff eviction
MandatoryGrounds 1-8 & 7A
Category
Landlord wants property back
Details
The landlord (or their spouse/civil partner) previously occupied the property as their only or principal home and requires it back. OR the landlord intends to occupy it as such.
Notice Period?
2 months
When Available
Can be used at any time if notice was given at start of tenancy that this ground may be used
Category
Mortgage default
Details
The property is subject to a mortgage granted before the tenancy began and the lender is repossessing due to mortgage arrears.
Notice Period?
2 months
When Available
Any time if mortgage predates tenancy
Category
Holiday let
Details
The property is normally let for holiday purposes and is required for this purpose. The tenancy must be for a fixed term of 8 months or less.
Notice Period?
2 months
When Available
Only if written notice given at start that this ground may apply
Category
Student accommodation
Details
The property is tied to an educational institution and is required for student accommodation. The tenancy must be for a fixed term of 12 months or less.
Notice Period?
2 months
When Available
Only if written notice given at start that this ground may apply
Category
Minister of religion
Details
The property is required for occupation by a minister of religion as a residence from which to perform their duties.
Notice Period?
2 months
When Available
Only if written notice given at start that this ground may apply
Category
Redevelopment
Details
The landlord intends to demolish or reconstruct the whole or a substantial part of the property, or carry out substantial works that cannot be done with the tenant in residence.
Notice Period?
2 months
When Available
Cannot be used if landlord bought property after tenancy started
Category
Inherited tenancy
Details
The former tenant has died and the tenancy has passed to someone who was not the tenant's spouse/civil partner. Must be claimed within 12 months of death or landlord becoming aware.
Notice Period?
2 months
When Available
Within 12 months of death or landlord's knowledge
Category
Serious antisocial behaviour
Details
The tenant or someone living/visiting the property has been convicted of a serious offence, breached an injunction, or breached a criminal behaviour order. Includes riots, drug offenses, and violence.
Notice Period?
4 weeks (periodic) / 1 month (fixed)
When Available
Any time following conviction or breach
Category
Serious rent arrears
Details
For monthly rent: at least 2 months' arrears both when notice served AND at court hearing. For weekly rent: 8 weeks' arrears. For quarterly: 3 months' arrears.
Notice Period?
2 weeks
When Available
Any time arrears threshold met
DiscretionaryGrounds 9-17
Category
Suitable alternative
Details
Suitable alternative accommodation is or will be available for the tenant. The court will consider if the alternative is reasonable.
Notice Period?
2 months
When Available
Any time
Category
Rent arrears
Details
Some rent was in arrears when the notice was served AND some rent is still in arrears at the date of the court hearing.
Notice Period?
2 weeks
When Available
Any time rent is in arrears
Category
Persistent delays
Details
The tenant has persistently delayed paying rent, whether or not rent is currently in arrears. Pattern of late payment must be demonstrated.
Notice Period?
2 weeks
When Available
Any time
Category
Breach of tenancy
Details
The tenant has breached one or more terms of the tenancy agreement, excluding the obligation to pay rent (covered by other grounds).
Notice Period?
2 weeks
When Available
Any time following breach
Category
Property deterioration
Details
The condition of the property or common parts has deteriorated due to acts of waste, neglect, or default by the tenant or someone residing with them.
Notice Period?
2 weeks
When Available
Any time deterioration occurs
Category
Nuisance
Details
The tenant or someone residing/visiting has caused or is likely to cause nuisance or annoyance to someone living in the locality, or has been convicted of using the property for illegal/immoral purposes.
Notice Period?
Immediate proceedings possible
When Available
Any time - expedited proceedings available
Category
Domestic violence
Details
A partner has left due to violence or threats of violence by the tenant, and the partner is unlikely to return. Applies to married couples, civil partners, or cohabitants.
Notice Period?
2 weeks
When Available
After partner has left permanently
Category
Furniture deterioration
Details
The condition of furniture provided by the landlord has deteriorated due to ill-treatment by the tenant or someone residing with them.
Notice Period?
2 weeks
When Available
Any time deterioration occurs
Category
Former employee
Details
The property was let to the tenant as a consequence of their employment by the landlord, and that employment has ceased.
Notice Period?
2 months
When Available
After employment ends
Category
False statement
Details
The tenant or someone acting at the tenant's instigation induced the landlord to grant the tenancy by a false statement made knowingly or recklessly.
Notice Period?
2 weeks
When Available
Any time after discovery
Challenging Mandatory Grounds
- • Check notice was served correctly (right form, dates, signatures)
- • Verify the ground genuinely applies (e.g., for Ground 1, was notice given at start?)
- • For Ground 8, ensure arrears calculation is correct and threshold met at both stages
- • Check if landlord has complied with all legal obligations (deposit protection, etc.)
Defending Discretionary Grounds
- • Argue reasonableness - your circumstances vs landlord's
- • Show efforts to remedy (e.g., payment plans for arrears)
- • Highlight any landlord failures (repairs, harassment)
- • Present mitigating circumstances (illness, job loss)
- • Impact on children or vulnerable household members
Get Help
Section 8 proceedings are complex. Get free advice from:
- • Shelter - 0808 800 4444
- • Citizens Advice - Local branch finder online
- • Your local council's housing advice team
- • A housing solicitor (legal aid may be available)
The government's Renters' Rights Bill proposes to:
- • Abolish Section 21 'no-fault' evictions completely
- • Strengthen and reform Section 8 grounds
- • Add new grounds for landlords selling or moving in
- • Increase notice periods for some grounds
- • Make all tenancies periodic (rolling)
Check GOV.UK for the latest status of these proposed changes.