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Renters' Rights Act 2025 — Section 21 abolished 1 May 2026 · England only. Section 8 is now the only route to possession. New mandatory grounds added including Ground 1A (sale) and Ground 6A (redevelopment). Read our full guide →

Section 8 Possession Specialists

Grounds for Possession:
Complete Landlord Guide

Since Section 21 was abolished on 1 May 2026, all possession claims must use Section 8 grounds. We explain every mandatory and discretionary ground — including the new grounds introduced by the Renters' Rights Act 2025.

18 grounds
Total Section 8 grounds
10 grounds
Mandatory grounds
8 grounds
Discretionary grounds
3 new grounds
New RRA 2025 grounds

What Are Grounds for Possession?

Grounds for possession are the legally specified reasons a landlord can rely on to recover possession of a rented property. They are set out in Schedule 2 to the Housing Act 1988 and are used in Section 8 possession proceedings.

Since Section 21 was abolished on 1 May 2026, landlords in England can no longer recover possession without fault. Every possession claim must now be based on one or more of the Section 8 grounds. The Renters' Rights Act 2025 also added new mandatory grounds to give landlords additional routes to possession in specific circumstances.

Grounds are divided into mandatory grounds (where the court must grant possession if the ground is proved) and discretionary grounds (where the court may grant possession if it considers it reasonable to do so).

Mandatory Grounds for Possession

If a mandatory ground is proved, the court must grant possession — the judge has no discretion.

GroundReasonNotice
Ground 1Landlord requires property as principal home4 months
Ground 1ALandlord intends to sell4 months
Ground 2Mortgagee requires possession2 months
Ground 5Property required for minister of religion2 months
Ground 6Landlord intends to demolish or reconstruct2 months
Ground 6ARedevelopment under planning permission4 months
Ground 7Death of periodic tenant2 months
Ground 7ASerious antisocial behaviour4 weeks
Ground 7BTenant no longer has right to rent2 weeks
Ground 8Rent arrears (3 months / 13 weeks)2 weeks

Discretionary Grounds for Possession

For discretionary grounds, the court may grant possession if it considers it reasonable to do so.

GroundReasonNotice
Ground 9Suitable alternative accommodation available2 months
Ground 10Some rent arrears2 weeks
Ground 11Persistent late payment2 weeks
Ground 12Breach of tenancy obligation2 months
Ground 13Deterioration of property2 months
Ground 14Nuisance, annoyance or convictionImmediate
Ground 14ADomestic violence2 weeks
Ground 15Deterioration of furniture2 months
Ground 17False statement by tenant2 months

Ground 8 — The Most Used Mandatory Ground

Ground 8 is the most commonly used mandatory ground. It applies where the tenant owes at least 3 months' rent (monthly tenancy) or 13 weeks' rent (weekly tenancy) at both:

  • The date the Section 8 notice is served
  • The date of the possession hearing

Because it is mandatory, the court must grant possession if both conditions are met — the judge has no discretion. This makes it the fastest and most certain route for rent arrears cases. We advise on combining Ground 8 with discretionary Grounds 10 and 11 to protect your position if arrears fall below the threshold before the hearing.

Frequently Asked Questions

What are the grounds for possession under Section 8?

Section 8 of the Housing Act 1988 sets out 18 grounds for possession, divided into mandatory grounds (where the court must grant possession if the ground is proved) and discretionary grounds (where the court may grant possession if it considers it reasonable to do so). The Renters' Rights Act 2025 added new mandatory grounds including Ground 1A (landlord intends to sell) and Ground 6A (redevelopment).

What is the difference between mandatory and discretionary grounds?

For mandatory grounds, the court must grant a possession order if the ground is proved — the judge has no discretion. For discretionary grounds, the court may grant possession if it considers it reasonable to do so, taking into account all the circumstances. Mandatory grounds are generally faster and more certain for landlords.

What is Ground 8 for rent arrears?

Ground 8 is a mandatory ground for possession where the tenant owes at least 3 months' rent (monthly tenancy) or 13 weeks' rent (weekly tenancy) both at the date of service of the Section 8 notice and at the date of the hearing. Because it is mandatory, the court must grant possession if the arrears threshold is met at both dates — the judge has no discretion.

What is Ground 1A — the new sale ground?

Ground 1A is a new mandatory ground introduced by the Renters' Rights Act 2025. It allows a landlord to recover possession where they genuinely intend to sell the property. The landlord must give at least 4 months' notice. The court must grant possession if the ground is proved. The landlord must not re-let the property within 12 months of recovering possession.

Can a tenant challenge grounds for possession?

Yes. For mandatory grounds, a tenant can challenge whether the ground is actually made out — for example, disputing the level of arrears or arguing the landlord does not genuinely intend to sell. For discretionary grounds, a tenant can argue it is not reasonable to grant possession. We advise landlords on how to build the strongest possible case and respond to any defence.

Which ground should I use for antisocial behaviour?

Ground 7A is a mandatory ground for serious antisocial behaviour — it applies where the tenant has been convicted of a serious criminal offence, is subject to a civil injunction for antisocial behaviour, or has been found guilty of housing-related antisocial behaviour. Ground 14 is a discretionary ground for less serious antisocial behaviour or nuisance. We advise on which ground is most appropriate for your situation.

Which Ground Should You Use?

We advise landlords on the strongest grounds for their situation and how to build an effective possession case.

01244 757 352Free Initial Enquiry

New RRA 2025 Grounds

  • Ground 1A — Landlord intends to sell (4 months' notice)
  • Ground 6A — Redevelopment under planning permission (4 months' notice)
  • Ground 7B — Tenant no longer has right to rent (2 weeks' notice)

Notice Periods at a Glance

Ground 8 (rent arrears)2 weeks
Ground 14 (nuisance)Immediate
Ground 7A (serious ASB)4 weeks
Ground 1A (sale)4 months
Ground 1 (own home)4 months
Most other grounds2 months

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