New Section 8 Eviction Grounds 2026: Complete Landlord Guide

The Renters' Rights Act 2025 fundamentally rewrites the grounds for possession under Section 8 of the Housing Act 1988. With Section 21 no-fault evictions abolished from 1 May 2026, Section 8 becomes the only route for landlords in England to regain possession of a rented property. Understanding every ground — mandatory and discretionary — is now essential for every private landlord.

This detailed guide covers all Section 8 eviction grounds as amended by the Renters' Rights Act, including the new grounds for landlord sale (1A) and family occupation (1B), modified rent arrears thresholds, notice period requirements, and the court process. Latch tracks every ground and notice period automatically, so you always know where you stand.

How Section 8 Works After the Renters' Rights Act

Section 8 of the Housing Act 1988 allows landlords to seek possession of a property by serving a notice (a 'Section 8 notice' or 'notice seeking possession') specifying one or more grounds for possession. The Renters' Rights Act retains this framework but significantly amends the available grounds, notice periods, and court procedures.

The process under the new rules follows three stages:

• Stage 1 — Serve a Section 8 notice: The landlord serves written notice on the tenant specifying the ground(s) relied upon and giving the required notice period for each ground.
• Stage 2 — Issue court proceedings: If the tenant does not vacate after the notice period expires, the landlord applies to the county court for a possession order.
• Stage 3 — Obtain and enforce the order: If the court is satisfied the ground is proved (and, for discretionary grounds, that it is reasonable to make the order), it grants a possession order. If the tenant still does not leave, the landlord instructs county court bailiffs to enforce the order.

Mandatory Grounds for Possession

When a mandatory ground is established, the court must grant a possession order. The court has no discretion to refuse. However, the landlord must still prove the ground to the required standard.

Ground 1 — Returning Owner-Occupier

The landlord previously occupied the property as their only or principal home and requires it again for that purpose. The landlord must have given written notice at the start of the tenancy that possession might be sought on this ground (or the court must consider it just and equitable to dispense with this requirement). Notice period: 2 months.

Ground 1A — Landlord Intends to Sell (NEW)

This is a brand-new ground introduced by the Renters' Rights Act. The landlord genuinely intends to sell the freehold or leasehold interest in the property. The landlord must demonstrate genuine intent (for example, by having instructed an estate agent or obtained a valuation).

Ground 1B — Landlord or Family Occupation (NEW)

Another new ground. The landlord or a close family member intends to occupy the property as their only or principal home. 'Close family member' includes a spouse, civil partner, parent, grandparent, child, grandchild, brother, or sister of the landlord.

12-month restriction applies. Cannot be used within the first 12 months of the tenancy. Notice period: 2 months.

Ground 2 — Mortgage Lender Possession

The property is subject to a mortgage granted before the tenancy began, and the lender is exercising its power of sale. The landlord must have given prior notice to the tenant that this ground may be used, or the court must find it just and equitable to dispense with the notice requirement. Notice period: 2 months.

Ground 5 — Minister of Religion

The property is held for occupation by a minister of religion and is required for that purpose. Notice period: 2 months.

Ground 6 — Demolition or Substantial Works

The landlord intends to demolish, reconstruct, or carry out substantial works to the property (or part of it) and cannot reasonably do so with the tenant in situ. The landlord must demonstrate genuine intent and, where applicable, planning permission. Notice period: 2 months.

Ground 7 — Death of the Tenant

The tenant has died, and proceedings are brought within 12 months of the death. The tenancy has devolved under the tenant's will or intestacy (rather than by statutory succession). Notice period: 2 months.

Ground 7A — Immigration Status

The tenant (or all tenants in a joint tenancy) do not have the right to rent due to immigration status, and the Secretary of State has issued a notice confirming this. Notice period: 2 weeks.

Ground 8 — Serious Rent Arrears (MODIFIED)

This ground has been modified by the Renters' Rights Act. The tenant owes at least three months' rent at both the date the Section 8 notice is served and the date of the court hearing. Previously, the threshold was two months. This change gives tenants more time to clear arrears before the mandatory ground is triggered.

Discretionary Grounds for Possession

For discretionary grounds, the court must be satisfied that (a) the ground is proved, and (b) it is reasonable to make a possession order having regard to all the circumstances. The court can refuse possession even if the ground is technically established.

Ground 10 — Some Rent Arrears

Some rent is unpaid at the date of the notice and at the date of the hearing. Unlike Ground 8, there is no minimum threshold — any amount of arrears qualifies. However, because it is discretionary, the court will consider factors such as the tenant's ability to pay, whether the arrears arose from housing benefit delays, and the tenant's payment history. Notice period: 2 weeks.

Ground 11 — Persistent Late Payment

The tenant has persistently delayed paying rent, whether or not any rent is currently outstanding. The landlord must demonstrate a pattern of late payment. Latch's automated rent tracking creates an evidence trail that clearly shows payment dates versus due dates — invaluable for establishing this ground. Notice period: 2 months.

Ground 12 — Breach of Tenancy Obligation

The tenant has breached one or more obligations of the tenancy (other than the obligation to pay rent). Common examples include unauthorised subletting, keeping pets without permission (where the landlord reasonably refused), or using the property for business purposes in breach of the agreement. Notice period: 2 months.

Ground 13 — Deterioration of Property

The condition of the property (or common parts) has deteriorated due to the tenant's waste, neglect, or default, or that of any person residing with the tenant. The landlord must show that the deterioration would not have occurred but for the tenant's conduct. Notice period: 2 months.

Ground 14 — Antisocial Behaviour or Nuisance

The tenant, a person residing in the property, or a visitor has been guilty of conduct causing or likely to cause nuisance or annoyance to persons in the locality, or has been convicted of using the property for immoral or illegal purposes. The Renters' Rights Act strengthens this ground with priority court listing for serious cases.

Notice period: 2 weeks (or no notice in cases involving serious violence or risk of harm, where the court permits immediate proceedings).

Ground 14A — Domestic Violence

One partner has left the property due to domestic violence by the other, and the court is satisfied that the partner who left is unlikely to return. Notice period: 2 weeks.

Ground 15 — Deterioration of Furniture

The condition of furniture provided under the tenancy has deteriorated due to ill-treatment by the tenant or a person residing with the tenant. Notice period: 2 months.

Ground 17 — False Statement by Tenant

The tenancy was granted as a result of a false statement made knowingly or recklessly by the tenant (or a person acting at the tenant's instigation). Examples include false income declarations or fabricated references. Notice period: 2 months.

Complete Notice Period Reference

How to Serve a Valid Section 8 Notice

Serving a Section 8 notice correctly is essential. An improperly served notice can be struck out by the court, forcing you to start the entire process again.

1. Use the prescribed form: The notice must be in the form prescribed by statutory instrument (currently Form 3). Ensure you are using the version updated for the Renters' Rights Act.
2. Specify the correct ground(s): State every ground you are relying on. You can cite multiple grounds — for example, Ground 8 (mandatory, serious arrears) alongside Ground 10 (discretionary, some arrears) as a fallback.
3. Give particulars: For each ground, provide sufficient details of the facts relied upon. For rent arrears, specify the amount owed and the period(s) it relates to. For antisocial behaviour, describe the incidents with dates.
4. Serve the correct notice period: The notice period varies by ground (see table above). If citing multiple grounds with different notice periods, the notice must give at least the longest period.
5. Serve on all tenants: In a joint tenancy, serve the notice on every tenant named in the agreement.
6. Method of service: Serve personally, by first-class post, or by leaving at the property. Keep proof of service (certificate of posting, dated photograph of notice left at property).

The Court Process

Once the notice period has expired and the tenant remains in the property, the landlord must apply to the county court for a possession order. The process under the Renters' Rights Act involves several changes:

• No accelerated procedure for no-fault: The old 'accelerated possession' paper-only procedure was linked to Section 21. It no longer exists. All Section 8 claims may require a hearing.
• Priority listing for antisocial behaviour: Cases involving Ground 14 (serious antisocial behaviour) or criminal conviction will receive priority listing by the court.
• Court capacity: The government has committed to increasing court capacity to handle the expected rise in Section 8 claims. New specialist housing judges and additional court sitting days are planned.
• Mediation: The court may encourage or require mediation before proceeding to a final hearing, particularly for discretionary grounds.
• Costs: Court fees for possession claims are set by the Ministry of Justice. As of early 2026, the fee for a standard possession claim is approximately £355. Bailiff enforcement costs an additional fee if required.

How Latch Helps with Section 8 Claims

Latch provides integrated tools to help landlords manage the entire Section 8 process, from identifying grounds to tracking notice periods and building evidence: