By Inventory Bee | Property Law & Compliance Experts
With the removal of Section 21 "no‑fault" evictions under the Renters’ Rights Act, landlords can now only seek possession using Section 8 Grounds. These are split into Mandatory Grounds (where the court must grant possession) and Discretionary Grounds (where the judge decides based on fairness and evidence). Below is your complete guide to every ground, notice period, and what you need to prove.
Note: All notice periods listed are the proposed standards under the new legislation.
1. Mandatory Grounds (High Success Rate)
If you meet the legal tests and provide evidence, the court must order possession.
● Ground 1: Occupation by Landlord or Family
- Reason: You or a close family member (spouse, child, parent) intend to live in the property as your main home.
- Rule: Cannot be used during the first 12 months of the tenancy.
- Notice Period: 4 months.
● Ground 1A: Sale of the Property
- Reason: You plan to sell the property.
- Rule: Cannot be used during the first 12 months of the tenancy.
- Notice Period: 4 months.
● Ground 8: Serious Rent Arrears
- Reason: Tenant owes at least 2 months’ rent (monthly payments) or 8 weeks’ rent (weekly payments).
- Rule: Arrears must exist both when notice is served and at the court hearing.
- Notice Period: 4 weeks.
2. Conduct‑Based Grounds (Evidence Critical)
These rely entirely on proof — Inventory Bee reports and photos are your strongest evidence here.
● Ground 14: Anti‑Social Behaviour (ASB)
- Reason: Nuisance, annoyance, or illegal activity affecting neighbours or the community.
- Rule: Usually discretionary, but becomes mandatory for proven serious or persistent ASB.
- Notice Period: Immediate (court action can start same day).
● Ground 12: Breach of Tenancy Agreement
- Reason: Tenant breaks contract terms — e.g. smoking, unauthorised pets, unapproved sub‑letting.
- Tip: Use mid‑term inspection photos to prove the breach clearly.
- Notice Period: 2 weeks.
● Ground 13: Deterioration or Damage
- Reason: Damage or neglect caused by the tenant or their visitors.
- Rule: Judges compare move‑in vs mid‑term inventory reports to prove deterioration.
- Notice Period: 2 weeks.
3. Specialist Grounds
● Ground 6: Redevelopment – You plan to demolish or extensively renovate the building, and work cannot proceed while occupied. (4 months’ notice)
● Ground 7: Death of a Tenant – Used when a tenant passes away and the tenancy passes to someone without legal right to occupy. (2 months’ notice)
● Ground 17: False Statement – Tenant misled you during application — e.g. fake references or false income details. (2 weeks’ notice)
How to Future‑Proof Your Possession Claims
Under the new rules, success depends on evidence, not entitlement. Follow these steps to protect your position:
- Perfect Records: For rent arrears (Ground 8), keep a full rent ledger showing every payment, date, and balance outstanding — courts will demand this level of detail.
- Professional Inventories: For damage claims (Ground 13), you must have a dated, high‑resolution inventory report from the start of the tenancy. Without it, cases will be dismissed.
- Communication Logs: For ASB or contract breaches, keep a clear log of every email, text, or warning sent — timelines prove you acted reasonably.
