Section 8 grounds for possession

What are the grounds for possession? 

The current grounds for possession can be found under Schedule 2 of the Housing Act 1988. There are a total of 17 legal grounds for possession that landlords can use for a Section 8 eviction notice. Grounds will fall under one of two categories:

• mandatory - meaning the courts must make a possession order if a mandatory ground is proven

• discretionary - meaning the courts may make a possession order if a discretionary ground is proven

Different grounds will require different notice periods. 

You must serve (ie deliver) the section 8 notice before the notice period is set to start. If you use more than one ground, you need to serve the notice according to the ground with the longest notice period. 

If you’re unsure whether any of the grounds for eviction apply, Ask a lawyer.

Current mandatory grounds for possession

The mandatory grounds are considered the most powerful because a court is obliged to grant a possession order once you prove the ground applies. You must strictly follow the notice period and any other rules associated with the ground to ensure your eviction claim is valid. The 10 current mandatory grounds for possession are: 

• Ground 1 - the landlord or their spouse/civil partner needs possession of the property as they wish to occupy the property as their main home

• Ground 2 - the property is subject to a mortgage and the mortgage lender (eg a bank) is now selling the property

• Ground 3 - the tenancy has a fixed term of eight months or less, and the property was used as a holiday let in the 12 months before the current tenancy

• Ground 4 - the tenancy has a fixed term of up to 12 months and was used as a student letting within 12 months prior to the current tenancy

• Ground 5 - the property is held to be available for a minister of religion to reside to perform their duties, and it is now required for occupation by a minister of religion

• Ground 6 - the property requires demolishing or substantial construction works that cannot be performed whilst the tenant occupies the property

• Ground 7 - the tenant has died 

• Ground 7A - the tenant has engaged in antisocial behaviour (eg committing a criminal offence, a serious offence of specified legislation, or a nuisance)

• Ground 7B - the tenant doesn’t have a right to rent and is disqualified from renting the property due to their immigration status

• Ground 8 - the tenant is in serious rent arrears, what is considered to be serious arrears will be dependent on when their rent becomes due

For Grounds 1, 3, 4, and 5, the landlord must have provided the tenant with notice that an eviction may occur due to this specific ground before the start of their tenancy.

For more information on these grounds for eviction, including notice periods, read Shelter’s guidance on assured tenancy mandatory grounds for possession.

Current discretionary grounds for possession

If you’re relying on a discretionary ground, the court doesn't have to grant you possession, even if you prove the facts of the ground. They’ll assess whether it’s reasonable to evict the tenant. The 11 current discretionary grounds are:

• Ground 9 - suitable alternative accommodation will be available to the tenant

• Ground 10 - the tenant is in rent arrears at the time the section 8 notice is served and at the time court proceedings start

• Ground 11 - the tenant is persistently late in making rent payments

• Ground 12 - the tenant broke their obligations under the Tenancy agreement (other than not paying rent)

• Ground 13 - the tenant’s behaviour caused the property (or common parts in a shared property) to deteriorate 

• Ground 14 - the tenant is causing a nuisance, causing annoyance, or making illegal or immoral use of the property

• Ground 14A - the tenants are a couple (ie married, in a civil partnership, or cohabiting as a couple) and one partner is domestically abusing the other through violence

• Ground 14ZA - the tenant is convicted of a riot offence requiring a Crown Court trial (ie an indictable offence)

• Ground 15 - the tenant’s poor treatment of the landlord’s furniture causing deterioration

• Ground 16 - the tenant occupies the property due to their former employment by the landlord

• Ground 17 - the tenancy was granted because of a false statement a tenant made

For more information on these grounds for eviction, including notice periods, read Shelter’s guidance on assured tenancy discretionary grounds for possession.

Which grounds allow you to take possession during a fixed-term tenancy? 

A court will or may (if a discretionary ground is used) grant a possession order once the section 8 grounds provided have been proved.

A possession order made under the majority of section 8 grounds can only be effective during the fixed term of an assured shorthold tenancy (AST) (ie before the end date as stated in the tenancy agreement) if there is a term within the tenancy agreement that allows it.

Where a tenant does not have the right to rent (Ground 7B), a possession order can be effective straight away, as the AST will automatically be converted into an unprotected tenancy.

However, the following grounds will only allow you to take possession after the fixed term has ended:

• Ground 1

• Ground 3

• Ground 4

• Ground 5

• Ground 6

• Ground 9

• Ground 16 

This means you can only evict the tenant once the fixed term end date in the tenancy agreement has passed.

What are the new grounds for eviction?

The Renters’ Right Act 2025 is significantly expanding the list of grounds available to landlords. The new list will include a total of 37 mandatory and discretionary grounds for repossessing rented property under a section 8 notice.

New mandatory grounds

The Renters’ Right Act 2025 will introduce 17 new mandatory grounds for section 8 notices. However, Ground 3 will no longer be available as fixed-term tenancies will cease to exist.

These new mandatory grounds include:

• Ground 1A - the landlord wishes to sell the property

• Ground 1B - the private landlord is a social housing provider who is selling the property, and that property is under a rent-to-buy agreement (ie a tenancy under a government-approved scheme entered into at a reduced-rate rent with the intention to buy after a set time-period to allow tenants to save for a deposit)

• Grounds 2ZA, 2ZB, 2ZC, and 2ZD - all relate to the specific circumstances where the property is sublet and the original tenancy is ending 

• Ground 4A - the property is let as a house in multiple occupation (HMO) for full-time students, and the landlord requires the property for new students in line with the next academic year

• Grounds 5A, 5B, 5C, 5D, 5E, 5F, 5G, and 5H - all relate to circumstances where the property is being held or used as accommodation for specific employment or social housing purposes

• Ground 6A - a social landlord is seeking possession of a property that was used as alternative accommodation for a tenant whose original rented property was under redevelopment and is now re-available

• Ground 6B - the landlord needs to take possession of the property to comply with enforcement action

Additionally, the time period requirements for unpaid rent in Ground 8 will be changing due to the AST reforms and new rules surrounding rent payments.

New discretionary grounds

There will only be one new addition to the list of discretionary grounds.

A new Ground 18 will be added, allowing the courts to grant a possession order if the tenant is renting the property for supported accommodation but is not engaging with the support. 

Ground 16 will also be removed from the list of discretionary grounds, as it will be replaced and expanded upon by Ground 5C within the mandatory grounds.

For more information on the Renters’ Rights Act 2025 and the changes it will bring about, read What new renters' rights do tenants have? and The landlord's guide to the Renters' Rights Act.

To evict a tenant under Grounds 8, 10, 11, or 13, you can make a Section 8 notice. For more information on section 8 notices and how to use them, read Evicting a tenant - section 8 notices. If you need help deciding which grounds you should use in a section 8 notice, you can Ask a lawyer. Alternatively, consider using our Tenant eviction service for help with the section 8 eviction process.

If none of the section 8 grounds for eviction apply, you may be able to evict the tenant using a Section 21 notice. For more information, read Repossessing property - section 21 notices.