Section 8 Possession Grounds: The Landlord’s Cheat Sheet

Sunday 8th March 2026

Since the Renters’ Rights Bill removes "no-fault" (Section 21) evictions, landlords must now rely entirely on Section 8 Grounds.

Under the new rules, these grounds are generally divided into Mandatory (the judge must grant possession) and Discretionary (the judge decides if it’s fair).

Note: All notice periods below are the proposed standards under the new Renters’ Rights Bill.

1. Mandatory Grounds (High Success Rate)

If you prove these facts, the court must give you the property back.

• Ground 1: Occupation by Landlord or Family

◦ The Reason: You or a close family member (spouse, child, parent) want to move into the property as a principal home.
◦ The Rule: You cannot use this ground in the first 12 months of a tenancy.
◦ Notice Period: 4 months.

• Ground 1A: Sale of the Property

◦ The Reason: You intend to sell the property.
◦ The Rule: Like Ground 1, this cannot be used in the first 12 months of a tenancy.
◦ Notice Period: 4 months.

• Ground 8: Serious Rent Arrears

◦ The Reason: The tenant owes at least 2 months of rent (if paid monthly) or 8 weeks (if paid weekly).
◦ The Rule: The arrears must exist both at the time the notice is served AND at the time of the court hearing.
◦ Notice Period: 4 weeks.

2. Conduct-Based Grounds (Evidence Required)

These depend heavily on the quality of your documentation and Inventory Bee reports.

• Ground 14: Anti-Social Behaviour (ASB)

◦ The Reason: The tenant is causing a nuisance, annoyance, or illegal activity.
◦ The Rule: This is a discretionary ground, but for "proven" high-level ASB, it can be mandatory.
◦ Notice Period: Immediate (proceedings can start the day notice is served).

• Ground 12: Breach of Tenancy Agreement

◦ The Reason: The tenant has broken a term of the contract (e.g., smoking in a non-smoking house, keeping unapproved pets, sub-letting).
◦ Inventory Bee Tip: Use your mid-term inspection photos to prove the breach.
◦ Notice Period: 2 weeks.

• Ground 13: Deterioration of Property (Damage)

◦ The Reason: The tenant (or someone they let in) has damaged the property or common areas.
◦ The Rule: The judge will look at the Inventory Bee Move-In vs. Mid-Term reports to see if the damage is "neglectful."
◦ Notice Period: 2 weeks.

3. Specialist Grounds

• Ground 6: Redevelopment – You intend to demolish or substantially reconstruct the building and cannot do so with the tenant in situ. (4 months notice).

• Ground 7: Death of a Tenant – Used when a tenant dies and the tenancy has passed to a successor who does not have the right to stay. (2 months notice).

• Ground 17: False Statement - The tenant lied on their application (e.g., provided fake references) to get the tenancy. (2 weeks notice).

How to "Future-Proof" Your Possession Claims

Because the court process is becoming more evidence-based, Landlords and Agents must:

1. Keep Perfect Records: Rent arrears claims (Ground 8) now require a "rent ledger" showing every payment made and missed.

2. Professional Inventories: For damage claims (Ground 13), a judge will dismiss the case if you don't have a dated, high-resolution inventory from the start of the tenancy.

3. Communication Logs: If claiming ASB or Breach of Contract, keep a log of every email and warning sent to the tenant.