Section 8 Eviction — The Legal Grounds a Landlord Can Use in 2026

Why Section 8 Now Matters to Every Tenant

Before the Renters Rights Act 2025, most landlords seeking possession used Section 21 — straightforward, no reason needed, just two months' notice. Section 8, with its requirement to prove a specific ground, was reserved for problem tenants in rent arrears or causing anti-social behaviour.

That has changed entirely. Section 21 is abolished. Every possession claim in England must now be brought under Section 8, which means every landlord must establish one of the specific grounds listed in Schedule 2 of the Housing Act 1988. As a tenant, understanding these grounds is now essential — not just for those in arrears, but for any renter whose landlord wants them to leave.

Mandatory Grounds — The Court Must Grant Possession

When a mandatory ground is proven, the court has no discretion. It must make a possession order.

**Ground 1 — Owner-Occupier Moving Back In**

The landlord or a close family member previously lived in the property and wants to return. Requires two months' notice and can only be used if the tenant was notified at the start of the tenancy that this ground might be used.

**Ground 1A — Landlord Selling (New Under Renters Rights Act)**

The landlord wishes to sell the property with vacant possession. This is a new mandatory ground. The landlord must give four months' notice. Crucially, the landlord cannot relet the property within 12 months of recovering possession — if they do, the former tenant may have a right to reoccupy or claim compensation.

**Ground 1B — Close Family Member Moving In (New)**

A new separate ground for a landlord's close family member moving in. Four months' notice required. Same 12-month re-letting restriction applies.

**Ground 2 — Mortgage Repossession**

The lender is seeking to repossess the property from the landlord and requires vacant possession.

**Ground 7A — Serious Anti-Social Behaviour**

Where there has been a conviction for a serious offence, breach of an injunction for anti-social behaviour, closure order, or noise abatement conviction. Notice period as short as 28 days depending on the offence.

**Ground 7B — Right to Rent Failure**

The tenant does not have the right to rent in the UK. Requires 28 days' notice.

**Ground 8 — Rent Arrears**

The most common mandatory ground. Requires the tenant to be at least **two months in arrears** both at the date the notice is served and at the date of the court hearing. If rent is paid down below two months before the hearing, Ground 8 fails. Tenants sometimes manage arrears carefully to defeat Ground 8 claims.

**Ground 14A — Domestic Abuse (New)**

A conviction for domestic abuse against another person at the property. Mandatory.

Discretionary Grounds — The Court May Grant Possession

For discretionary grounds, the court weighs all the circumstances. Even if the ground is proven, a judge can refuse to make a possession order if it would be disproportionate.

**Ground 9 — Suitable Alternative Accommodation**

The landlord can offer suitable alternative accommodation. Courts assess whether the alternative is genuinely comparable in terms of size, proximity to work, and affordability.

**Ground 10 — Rent Arrears (Below Two Months)**

Some rent is owed at the date of the notice and at the hearing. Discretionary — the judge considers the amount, the reason, and whether arrears are being reduced.

**Ground 11 — Persistent Rent Arrears**

The tenant has persistently been late paying rent, even if no arrears are currently owed. Discretionary.

**Ground 12 — Breach of Tenancy Agreement**

Any breach of the tenancy agreement other than non-payment of rent (e.g., subletting without permission, keeping a prohibited pet, causing nuisance).

**Ground 13 — Deterioration of Property**

The tenant has allowed the property to fall into disrepair. Discretionary.

**Ground 14 — Anti-Social Behaviour (Discretionary Version)**

Nuisance or annoyance to neighbours or those carrying out lawful activities in the locality. This is the lower-level version of Ground 7A.

**Ground 17 — False Statement**

The tenant made a false or misleading statement that induced the landlord to grant the tenancy.

Notice Periods

Defending Against a Section 8 Claim

• **Check the notice for errors** — wrong form, missing information, or incorrect dates can make a notice invalid
• **Pay down arrears** — reducing arrears below two months before the hearing defeats the mandatory Ground 8
• **Gather evidence** — for discretionary grounds, your circumstances matter; a judge can decline to order possession if it would be unjust
• **Seek advice immediately** — Shelter (0808 800 4444) or your local Citizens Advice

Property Passport UK can help you organise your tenancy documents, repair correspondence, and payment records so that if court proceedings commence, your evidence is ready.