Section 8 grounds for possession: the full list (2026)

All Section 8 grounds for possession in England from 1 May 2026: mandatory or discretionary, notice periods, time limits, and which grounds have gone.

Updated 25 October 2026Checked against legislation 25 October 2026England only

Key points

Schedule 2 to the Housing Act 1988 now has 37 grounds for possession: 26 mandatory and 11 discretionary.
Ground 3 (out-of-season holiday lets) has gone, and the old Ground 16 is now mandatory Ground 5C.
Notice periods run from none (Grounds 7A and 14) to 4 months (Grounds 1, 1A, 2, 2ZA to 2ZD, 4A, 6 and 6B).
Grounds 1 and 1A can't be used unless the tenancy began at least a year before the date in the notice.
Ten grounds are only for social landlords, universities, charities or supported housing providers.

Section 8 grounds are the legal reasons a landlord in England can rely on to ask the court for possession of a home let on an assured tenancy. After the Renters' Rights Act changes of 1 May 2026, Schedule 2 to the Housing Act 1988 lists 37 grounds, 26 mandatory and 11 discretionary, each with its own notice period and conditions. You must name at least one in your Section 8 notice and prove it in court.

The full list of Section 8 grounds for private landlords

These are the grounds a private landlord can use, in the order they appear in Schedule 2. Some, such as Ground 2 and Ground 5, are rarely relevant to a typical buy-to-let landlord, but they are open to private landlords in the right circumstances.

Ground	Name	Type	Minimum notice	Other time condition
1	Landlord or family moving in	Mandatory	4 months	Tenancy must have begun at least 1 year before the notice date
1A	Selling the property	Mandatory	4 months	As Ground 1; not for old-style assured tenancies that were never ASTs
2	Mortgage lender selling	Mandatory	4 months	None
2ZA	Superior lease ending (specified intermediate landlords only)	Mandatory	4 months	Superior lease ends within 12 months of service
2ZB	Superior lease of more than 21 years ending	Mandatory	4 months	Superior lease ends within 12 months of service
2ZC	Superior landlord has become the landlord (after a 2ZA-type lease)	Mandatory	4 months	Proceedings within 6 months of becoming landlord
2ZD	Superior landlord has become the landlord (after a lease of more than 21 years)	Mandatory	4 months	Proceedings within 6 months of becoming landlord
4A	Student HMO needed for new students	Mandatory	4 months	Notice date between 1 June and 30 September; written statement before the tenancy
5	Home needed for a minister of religion	Mandatory	2 months	None
5A	Home needed for an agricultural worker	Mandatory	2 months	None
5C	End of employment in tied accommodation (old Ground 16)	Mandatory	2 months	None
5G	Council homelessness placement no longer needed	Mandatory	4 weeks	Notice date no more than 12 months after the council's notification
6	Redevelopment or substantial works	Mandatory	4 months	Tenancy must have begun at least 6 months before the notice date
6B	Complying with enforcement action	Mandatory	4 months	None
7	Tenancy passed on after the tenant's death	Mandatory	2 months	Proceedings within 12 months of the death
7A	Serious antisocial behaviour or crime	Mandatory	None	Serve within 12 months of the conviction or finding (3 months for a closure order)
7B	Tenant has no right to rent	Mandatory	2 weeks	None
8	Serious rent arrears	Mandatory	4 weeks	Threshold met at service and at the hearing
9	Suitable alternative accommodation	Discretionary	2 months	None
10	Some rent arrears	Discretionary	4 weeks	Arrears at service and when proceedings begin
11	Persistent late payment	Discretionary	4 weeks	None
12	Breach of the tenancy agreement	Discretionary	2 weeks	None
13	Damage to the property or common parts	Discretionary	2 weeks	None
14	Nuisance, annoyance or antisocial behaviour	Discretionary	None	None
14ZA	Conviction for rioting	Discretionary	2 weeks	None
15	Damage to furniture	Discretionary	2 weeks	None
17	Tenancy obtained by a false statement	Discretionary	2 weeks	None

These grounds sit in the same Schedule but are limited to particular types of landlord. A typical private landlord can't use them. They are covered together in our guide to grounds only social and supported housing landlords can use.

Ground	Name	Type	Minimum notice
1B	Rent-to-buy (private registered providers)	Mandatory	4 months
4	Vacation let by a university or college	Mandatory	2 weeks
5B	Employment-requirement housing (private registered providers)	Mandatory	2 months
5D	End of employment requirements (private registered providers)	Mandatory	2 months
5E	Home needed as supported accommodation	Mandatory	4 weeks
5F	Supported accommodation no longer appropriate	Mandatory	4 weeks
5H	Stepping-stone accommodation (registered providers and charities)	Mandatory	2 months
6A	Decant accommodation (social landlords)	Mandatory	4 months
14A	Domestic violence (social landlords)	Discretionary	2 weeks
18	Supported accommodation: refusal to co-operate	Discretionary	4 weeks

Section 8 notice (Form 3A). Pick your grounds, get every notice period and date calculated, and download a completed Form 3A with an evidence checklist and a certificate of service. Free re-draft if the form changes before you serve.

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What changed in the grounds on 1 May 2026

The Renters' Rights Act 2025 rewrote much of Schedule 2 for private assured tenancies. If you used Section 8 before, these are the changes most likely to catch you out:

Ground 3 has gone. The out-of-season holiday let ground no longer exists for private assured tenancies.
Ground 16 is now Ground 5C, and it is mandatory. It used to be discretionary.
Ground 8 needs more arrears. The threshold rose from 8 weeks or 2 months to 13 weeks (weekly or fortnightly rent) or 3 months (monthly rent), and the quarterly and yearly limbs were removed.
Ground 1 no longer needs prior notice, and the old "previously occupied" limb was removed.
Ground 2 no longer needs prior notice, and the mortgage no longer has to pre-date the tenancy.
Ground 4 is for universities and colleges only, according to GOV.UK.
Ground 1A covers selling, and Ground 4A covers student HMOs, subject to their own conditions.
Notice periods were replaced by the table in section 8(4AA), and the date no longer has to fall at the end of a rental period.

For the full date-by-date picture, see the Renters' Rights Act timeline.

Mandatory and discretionary grounds: what the difference means

If you prove a mandatory ground (Part I of Schedule 2), the court must make a possession order, subject to a few legal restrictions, the deposit rules and any human rights defence. It can only delay the possession date for up to 14 days, or 6 weeks in cases of exceptional hardship.

On a discretionary ground (Part II), the court makes an order only if it thinks it reasonable. It can adjourn, suspend the order on conditions such as paying off arrears, or postpone the possession date. A suspended order on payment terms is a common outcome on Grounds 10 and 11.

That is why landlords often combine the two: Ground 8 with Grounds 10 and 11 for arrears, or Ground 7A with Ground 14 for antisocial behaviour. Our guide to mandatory and discretionary grounds explains how the court approaches each.

Grounds you can't use in the first year, and other time limits

Grounds 1 (moving in) and 1A (selling) carry a 12-month protected period. The tenancy must have begun at least a year before the date you put in question 2.1 of the notice, counting both the start day and that date. You can serve the notice during the first year, but the date in it must fall outside it. Our protected period guide works through real dates.

Other grounds have their own clocks, shown in the last column of the main table. The easiest to overlook are Ground 6 (the tenancy must have begun 6 months before the notice date), Ground 4A (the notice date must fall between 1 June and 30 September) and Ground 7A (you must serve within 12 months of the conviction or court finding).

Grounds that need a written statement before the tenancy

For tenancies that began on or after 1 May 2026, you can include in the written statement of terms, given before the tenancy starts, a statement that you may want to recover possession on certain grounds. Under section 16D(3) of the Housing Act 1988 those grounds are 1B, 2ZA to 2ZD, 4, 5 to 5H, 6A and 18.

If you rely on one of them without having given that statement, you risk a council penalty of up to £7,000, but the court can still make a possession order. The rule doesn't apply to tenancies that began before 1 May 2026 with a wholly or partly written agreement.

Watch out: Ground 4A is different. Its own wording requires a written statement before the tenancy (for existing tenancies, by 31 May 2026). Without it, the ground fails. GOV.UK's tenant guidance lists the prior-statement grounds slightly differently from the statute; we follow the statute.

See written statement of terms for what the statement must contain.

How to choose and combine Section 8 notice grounds

Start with your reason for needing possession, then check the ground's conditions and the evidence you have.

Your situation	Grounds to consider
Tenant owes rent	8, 10 and 11 together
You want to sell	1A
You or a close family member will live there	1
Antisocial behaviour or a serious conviction	7A and/or 14
Tenant has broken a term other than rent	12
Damage to the home or your furniture	13 and/or 15
Major works that need the home empty	6
A banning order, licence refusal or similar	6B

Three rules apply whenever you combine grounds:

The date in question 2.1 must allow for the longest notice period among them, unless the notice includes Ground 7A or 14.
Each ground needs its own full legal wording in question 4.2 and its own explanation in question 4.3.
Use only grounds you reasonably believe you can prove. Relying on a ground without that belief can lead to a £7,000 penalty if the tenant leaves within 4 months.

What to do next

Pick the ground pages that match your situation from the table above and check the evidence each one needs. Then work out your dates with the Section 8 notice periods guide, and create your notice with ValidNotice once you know which grounds apply.

In this section

Ground 1: landlord or family moving in

How Section 8 Ground 1 works in England: who counts as family, the 4-month notice, the 12-month protected period and the re-letting ban that follows it.

Ground 1A: selling the property

Section 8 Ground 1A lets you take back a home in England to sell it. The conditions, the 4-month notice, the 12-month bar and the re-letting risk explained.

Ground 2: mortgage lender selling

Ground 2 of Section 8 applies when a mortgage lender needs vacant possession to sell a let home in England. Who uses it, the 4-month notice and the evidence.

Grounds 2ZA to 2ZD: when a superior lease ends

Section 8 Ground 2ZB and Grounds 2ZA, 2ZC and 2ZD let landlords in England recover a home when a superior lease ends. Which applies, and the deadlines.

Ground 4A: student HMO lets

Ground 4A lets student HMO landlords in England regain possession for new students. The conditions, the 1 June to 30 September window, and when to serve.

Ground 5: home needed for a minister of religion

Section 8 Ground 5 lets a home held for a minister of religion be recovered in England. Who can use it (rarely private landlords), the notice and evidence.

Ground 5A: home needed for an agricultural worker

Section 8 Ground 5A lets landlords in England recover a let home to house an agricultural worker. The two cases, the 2-month notice and what you must prove.

Ground 5C: end of employment (tied accommodation)

Section 8 Ground 5C, the old Ground 16, is now mandatory in England. When you can recover tied accommodation after a job ends, the notice and the evidence.

Ground 5G: council homelessness placement ended

Section 8 Ground 5G lets landlords in England recover a home let under a council homelessness duty once the council says it isn't needed. Rules and deadlines.

Ground 6: redevelopment or substantial works

Section 8 Ground 6 lets landlords in England regain possession for demolition or major works: the conditions, 4-month notice, 6-month rule and evidence.

Ground 6B: complying with enforcement action

Section 8 Ground 6B lets landlords in England get possession when a banning order, licence refusal or council order makes letting unlawful. Rules and risks.

Ground 7: when the tenant has died

Section 8 Ground 7 lets landlords in England recover a home when the tenancy passed under a will or intestacy after a death. The 12-month deadline explained.

Ground 7A: serious antisocial behaviour or crime

Ground 7A lets landlords in England seek possession after a serious conviction, closure order or injunction breach. No notice period, but strict deadlines.

Ground 7B: tenant has no right to rent

How Ground 7B section 8 works in England: the Home Office notice you need, the 2-week notice period, the evidence and a sample Form 3A explanation.

Ground 8: serious rent arrears

Ground 8 rent arrears from 1 May 2026: the 3-month and 13-week thresholds, the Universal Credit rule, and why you should always add Grounds 10 and 11.

Ground 9: suitable alternative accommodation

Ground 9 section 8 explained for landlords in England: what counts as suitable alternative accommodation, the 2-month notice, evidence and a Form 3A sample.

Ground 10: some rent arrears

Ground 10 rent arrears explained: no minimum amount, 4 weeks' notice, what the court weighs when deciding if eviction is reasonable, and a Form 3A sample.

Ground 11: persistent late payment of rent

Ground 11 section 8 covers tenants who keep paying rent late, even with nothing owed at court. See what to prove, the 4-week notice and a Form 3A sample.

Ground 12: breach of the tenancy agreement

Ground 12 section 8 explained: which breaches of tenancy count, the 2-week notice period, the evidence you need and a sample Form 3A explanation to adapt.

Ground 13: damage to the property

Ground 13 section 8 explained for landlords in England: when damage counts, the 2-week notice, evidence that wins and a sample Form 3A explanation to copy.

Ground 14: nuisance and antisocial behaviour

Ground 14 antisocial behaviour explained: who it covers, why no minimum notice applies, the 14-day rule for orders, the evidence and a sample Form 3A wording.

Ground 14ZA: conviction for rioting

Ground 14ZA lets landlords in England seek possession after a tenant or adult occupier is convicted of a riot offence. Conditions, notice and evidence.

Ground 15: damage to furniture

Ground 15 section 8 explained: when damaged furniture justifies possession, the 2-week notice, the inventory evidence you need and a sample Form 3A wording.

Ground 17: tenancy obtained by a false statement

Ground 17 section 8 explained: when a tenant's lie on the application justifies possession, the 2-week notice, the evidence you need and a Form 3A sample.

Grounds only social and supported housing landlords can use

Which Section 8 grounds social landlords, charities and supported-housing providers use, why private landlords can't, and the private grounds to use instead.

Section 8 notice

Section 8 notice (Form 3A)

Pick your grounds, get every notice period and date calculated, and download a completed Form 3A with an evidence checklist and a certificate of service. Free re-draft if the form changes before you serve.

✓ Updated for the Renters' Rights Act 2025
✓ Dates and notice periods calculated
✓ Plain-English checks before you serve
✓ Download as PDF, ready to sign

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one notice, unlimited edits for 30 days

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Frequently asked questions

How many Section 8 grounds are there now?

There are 37 grounds in Schedule 2 to the Housing Act 1988 as amended on 1 May 2026: 26 mandatory and 11 discretionary. About ten of them are only for social landlords, universities, charities or supported housing providers, so a typical private landlord chooses from the rest.

Is there still a Ground 16?

No. Ground 16 (former employee in tied accommodation) was renumbered Ground 5C and moved into the mandatory grounds on 1 May 2026. If the tenancy was linked to the tenant's job and the job has ended, use Ground 5C with 2 months' notice.

Can I add a ground after I have served the notice?

The court can allow grounds to be added or altered, but only with its permission, and it can't make an order on a ground that wasn't in the notice unless it gives that permission. The safer course is to serve a fresh notice that includes every ground you want to rely on before you issue a claim.

Which Section 8 ground do I use to sell the property?

Ground 1A, which is mandatory and needs 4 months' notice. The date in the notice must fall at least a year after the tenancy began, and once you rely on it you can't re-let or market the property for rent until 12 months after the notice date.

Do I have to explain the ground in my own words?

Yes. Question 4.2 of Form 3A needs the full legal wording of each ground and question 4.3 needs your explanation of why it applies, with as much evidence as possible. A ground given by number or name only can make the notice invalid.

Sources

Section 8 notice: how to serve a valid notice in 2026

Prepare a Section 8 notice on Form 3A for England: choose the right grounds, get every date right and serve it properly. Checked against the 2026 rules.

Mandatory vs discretionary Section 8 grounds

Mandatory and discretionary grounds for possession explained: what the court must do, what it weighs up, which Section 8 grounds are which, and when to mix.

Section 8 notice periods for every ground

The Section 8 notice period for every ground in England from 1 May 2026, how to count the days, worked examples with real dates, and a free calculator.

The 12-month protected period explained

The protected period under the Renters' Rights Act stops Grounds 1 and 1A taking effect in year one. How to count it, when to serve, and the re-let ban.