Now that Section 21 "no-fault" evictions have been abolished, a Section 8 notice is the only legal pathway for a landlord to regain possession of a property in England. Under the Renters’ Rights Act, the grounds for possession have been completely overhauled.
To successfully use a Section 8 notice, you must state specific statutory grounds using the updated Form 3A. These grounds are strictly categorized as either Mandatory (the judge must grant possession if you prove the ground) or Discretionary (the judge decides if eviction is reasonable based on the circumstances).
The essential, updated Section 8 grounds you need to know—along with their notice periods—are broken down below:
1. Mandatory Management Grounds (Landlord Control)
These grounds protect your right to sell or occupy your asset, but they are subject to a 12-month protected period at the start of a new tenancy (meaning the notice cannot expire until the tenant has lived there for at least a year). You are also legally barred from re-letting the property for 12 months after using these grounds.
| Ground | Summary | Notice Period Required |
| Ground 1 | Occupation by Landlord or Family: You or a close family member genuinely intend to move into the property as a primary home. | 4 months |
| Ground 1A | Sale of the Property: You genuinely intend to put the property on the open market for sale. | 4 months |
| Ground 2 | Sale by Mortgagee: The mortgage lender is repossessing the property due to missed payments and requires vacant possession to sell. | 4 months |
2. Tenant Fault Grounds (Arrears & Breaches)
The thresholds for tenant default have changed, providing longer notice periods but firmer ground once met.
| Ground | Type | Summary & 2026 Thresholds | Notice Period |
| Ground 8 | Mandatory | Serious Rent Arrears: The tenant must owe at least 3 months’ rent (if paid monthly) or 13 weeks' rent (if paid weekly). This arrears level must exist both when the notice is served and at the time of the court hearing. Any arrears caused by documented delays in Welfare/Universal Credit payouts are legally discounted. | 4 weeks |
| Ground 10 | Discretionary | Any Rent Arrears: The tenant owes some rent, but it is less than the 3-month mandatory threshold. | 4 weeks |
| Ground 11 | Discretionary | Persistent Late Payment: The tenant frequently falls into arrears but systematically clears them just before court or legal intervention. | 4 weeks |
| Ground 12 | Discretionary | Breach of Tenancy: The tenant has breached a non-financial term of the contract (e.g., subletting without consent, smoking inside, keeping a pet without permission). | 2 weeks |
3. Behavioural & Critical Grounds
Where a tenant poses a risk to neighbours or the property itself, the notice periods drop significantly.
| Ground | Type | Summary | Notice Period |
| Ground 13 | Discretionary | Deterioration of Property: The tenant has caused severe physical damage or neglect to the building or fixtures (beyond fair wear and tear). | 2 weeks |
| Ground 14 | Discretionary | Anti-Social Behaviour: The tenant is causing a documented nuisance, annoyance, or danger to neighbours, or using the property for illegal activity. | Immediate (Proceedings can start as soon as notice is served) |
| Ground 14ZA | Mandatory | Serious Criminal Conviction: The tenant has been formally convicted of a serious offence committed in, or in the immediate locality of, the property. | 2 weeks |
The Eviction Warning: Because the "accelerated" possession route no longer exists, you must present a meticulous paper trail to the court. If you serve a notice using Ground 1A (Sale) or Ground 8 (Arrears) and your paperwork is flawed or your rent ledger is inaccurate, the judge will dismiss the case, forcing you to restart the multi-month notice period from scratch.
