The new Section 8 grounds for possession explained

As of June 2026. This article is general information only and does not constitute legal advice. If you are considering possession proceedings, consult a qualified solicitor.

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Section 21 is gone. From 1 May 2026, when the main tenancy provisions of the Renters’ Rights Act 2025 came into force, the “no-fault” eviction route that landlords and agents relied on for three decades was abolished for assured tenancies in England. Almost all existing assured shorthold tenancies converted to periodic assured tenancies on that date. Every possession claim must now be grounded — literally. You cite a specific legal ground, serve the right form with the right notice period, prove your case in court, and hope the judge agrees.

That is a significant operational change, and not just for landlords with problem tenants. The new grounds affect every landlord who might ever want their property back: to sell it, to move into it, to carry out major works. The common thread is evidence. Landlords who have kept clean, timestamped records throughout a tenancy are in a far stronger position than those who haven’t. Those who haven’t may find themselves stuck.

This article runs through the grounds that matter most in practice, explains what each one requires, and flags the traps to avoid.

How the Grounds Work

Schedule 2 of the Housing Act 1988, as substantially amended by the Renters’ Rights Act, contains the grounds for possession. They divide into two types:

Mandatory grounds — if you prove the ground is made out, the court must grant possession. No judicial discretion.

Discretionary grounds — the court considers whether it is reasonable to grant possession. A tenant in difficult circumstances, or one who has since remedied the breach, may retain their home even if the ground technically applies.

Each ground carries its own notice period — ranging from no advance notice (Ground 7A, serious anti-social behaviour) to four months for the “landlord/family wants possession” grounds. Getting the notice period wrong makes the notice invalid.

The Grounds That Matter Most in Practice

Grounds 1 and 1A: Selling Up or Moving Back In

These are the replacements for Section 21 in its most common use case — the landlord who needs the property back for legitimate personal reasons.

Ground 1 applies when a landlord or a qualifying family member needs the property as their only or principal home. “Family member” is defined widely: a spouse, civil partner or cohabiting partner, plus the landlord’s (or partner’s) parents, grandparents, siblings, children or grandchildren. Ground 1A applies when the landlord genuinely intends to sell.

Both require four months’ notice and both are mandatory. Crucially, neither can be used in the first 12 months of a tenancy. The restriction bites on when the notice can take effect, not when it can be served: the tenancy must have run for 12 months by the date possession is sought. In practice a landlord can serve the four-month notice from around month eight, so that it expires once the tenancy reaches a year.

There is also a 12-month “no-let” restricted period. After using Ground 1 or 1A you cannot market, re-let or licence the property for 12 months — and that period runs from the later of serving the notice or filing the possession claim, not simply from the date the tenant leaves. Enforcement sits with local councils: a breach can attract a civil penalty of up to £7,000, rising to up to £40,000 (as an alternative to criminal prosecution) for the more serious cases, such as continued breaches or repeat offending. The intent is genuine sale or genuine occupation, not a workaround for Section 21.

Evidence matters here. “I intend to sell” is not sufficient on its own. Estate agent instructions, listings and solicitor correspondence significantly strengthen your position if a tenant disputes the claim.

Ground 8: Serious Rent Arrears

Ground 8 is the mandatory rent arrears ground — if it applies, the court must order possession. But the threshold has been raised.

Under the old regime, two months’ arrears triggered Ground 8. From 1 May 2026, the threshold is three months’ arrears for monthly tenants (or 13 weeks for weekly/fortnightly tenants). The arrears must exist both when the notice is served and at the date of the court hearing. Notice period: four weeks (up from two weeks). Arrears caused only by a delayed Universal Credit housing payment are disregarded.

The double-date requirement is the sting. If a tenant clears enough arrears to drop below the three-month threshold before the hearing, Ground 8 falls away. That is why thorough referencing at the outset matters: understanding a prospective tenant’s financial position before the tenancy begins is your best protection against ever needing this ground.

For agents: always plead Grounds 10 and 11 alongside Ground 8 as alternatives. Ground 10 (discretionary, any arrears at notice and hearing) and Ground 11 (discretionary, persistent late payment — even with no current arrears) give the court a route to possession if Ground 8 fails. A four-week notice covers all three.

Ground 7A: Serious Anti-Social Behaviour

Ground 7A is mandatory and proceedings can begin immediately — there is no advance notice period, although the court cannot make an order until 14 days after notice is given. It applies where, broadly, a tenant (or someone living with or visiting them) has been convicted of a serious offence, breached an anti-social behaviour injunction, or been subject to a closure order. Where it relies on a conviction or court finding, the notice generally must be served within 12 months of that event (or of any appeal being determined).

For this ground to stick you need documented evidence: the conviction or order, its date, the relevant offence. This is not a ground you can pursue on neighbour complaints alone. Complaints and incident logs do support the discretionary Ground 14 (anti-social behaviour), but mandatory Ground 7A requires a formal finding.

Ground 6: Landlord Redevelopment

Ground 6 allows possession where the landlord intends to carry out substantial works that cannot reasonably be done with the tenant in occupation. Four months’ notice is required, and “substantial works” means structural or major alteration — cosmetic redecoration does not qualify. Ground 6 is also subject to a minimum-tenancy-length restriction at the start of a tenancy; the exact period is treated differently across sources, so check the position carefully before relying on it (see the flag below).

The Evidence Problem

The practical effect of this framework is that possession now depends on your paper trail. If you cannot prove the ground, you cannot get possession.

What does that mean day-to-day?

• Rent records: every payment logged with date, amount and method. A tenancy management platform that auto-records rent receipts removes the human error.
• Inspection reports: timestamped, signed, with photographs. Essential for Grounds 13 (property deterioration) and 15 (furniture damage).
• Communications: written records of complaints, warnings and formal notices — especially for Ground 11 (persistent late payment) and Ground 14 (anti-social behaviour).
• Move-in documentation: inventory, signed tenancy agreement, right to rent checks. Ground 17 (false statement) requires you to prove what the tenant told you at the start.

A good inventory is foundational to all of this. InventoryGoose exists precisely because a professional, timestamped move-in record protects landlords across the widest range of disputes.

The PRS Database: A Future Condition of Possession

One detail many landlords are not yet aware of: the Act establishes a Private Rented Sector Database, and once it is live, courts will generally be unable to make a possession order where the landlord is not registered — with Grounds 7A and 14 (the anti-social behaviour grounds) the main exceptions. Registration will become a genuine prerequisite for lawful letting.

Timing is the key caveat. The database is part of the Act’s later implementation phase and is widely expected to become operational from late 2026, with registration rolled out into 2027. As of mid-2026 it is not yet a live requirement, and the possession bar cannot apply until it is. Treat this as something to prepare for, not a box you can already tick. Confirm the current go-live position with GOV.UK or the NRLA before relying on it.

What This Means for Letting Agents

For agents, the workload shift is real. Every possession claim now requires ground selection, evidence assembly, correct notice forms and periods, and court proceedings if the tenant does not leave voluntarily. Note too that rent repayment orders have been extended — including to the misuse of possession grounds — and the maximum has doubled to 24 months. Compare the admin burden against platforms that automate the record-keeping — the argument for structured tenancy management software has never been stronger.

The Section 21 shortcut is gone. But for landlords and agents who have kept disciplined records, the new grounds are workable. The framework is evidence-in, possession-out. Build the evidence from day one.

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PropertyGoose provides AI-powered tenant referencing, tenancy agreements and full tenancy lifecycle management for UK landlords and letting agents. Book a demo to see how the platform keeps your records court-ready from move-in to move-out.