Section 8 Grounds for Possession Under the RRA: The Complete Landlord List
With Section 21 abolished from 1 May 2026, every possession claim in England now rests on a ground — a specific statutory reason set out in Schedule 2 to the Housing Act 1988. The Renters' Rights Act 2025 reshaped that list: it removed some grounds, added new ones, and changed the notice periods and arrears thresholds on others. This is the landlord's working map of where you actually stand.
What this means for you. Under the old regime you could sidestep the grounds entirely with Section 21. Now the ground is the case. The two questions that decide a possession claim are: (1) does a ground genuinely apply to your situation, and (2) can you evidence it at a hearing? Naming a ground you can't prove is the fastest way to lose. This post is the map; the serving guide is the how-to.
Mandatory vs discretionary — the distinction that matters most
Schedule 2 splits the grounds into two parts:
- Part 1 — mandatory grounds. If you prove the ground, the court must order possession. No discretion.
- Part 2 — discretionary grounds. Even if you prove the ground, the court orders possession only if it considers it reasonable to do so.
Always reach for a mandatory ground first if one genuinely fits — the discretionary "is it reasonable?" test is where defensible cases get refused or adjourned. You can cite multiple grounds on one Form 3A, and pairing a mandatory ground with a discretionary fallback is common practice.
The grounds landlords use most
Ground 8 — serious rent arrears (mandatory)
The workhorse mandatory ground. The Renters' Rights Act 2025 raised the threshold: the tenant must now be in at least 3 months' arrears (or 13 weeks' where rent is paid weekly or fortnightly), both at the date the notice is served and at the date of the hearing — up from the old 2-month / 8-week threshold. Notice period: 4 weeks (doubled from the old 2 weeks). There's also a new carve-out preventing reliance on Ground 8 where the arrears are attributable to delayed payment of Universal Credit.
Because the threshold is higher and tested twice, Ground 8 needs careful arrears tracking. We cover it in depth in our dedicated Ground 8 rent arrears guide (published later in this Section 8 series).
Grounds 10 and 11 — some arrears / persistent late payment (discretionary)
- Ground 10 — some rent is lawfully due and unpaid, both when the notice is served and when proceedings begin. Lower bar than Ground 8 but discretionary.
- Ground 11 — persistent delay in paying rent, whether or not any rent is in arrears at the hearing.
Both carry a 4-week notice period. Landlords often cite 10 and 11 alongside Ground 8 as fallbacks if the arrears dip below the Ground 8 threshold before the hearing.
Ground 1 — landlord (or family) wants to move in (mandatory)
Where the landlord, or a close family member defined in the ground, needs the property as their only or principal home. Under the RRA this ground cannot be used in the first 12 months of the tenancy — Schedule 2 requires that "the current tenancy began at least 1 year before the relevant date" — and it carries a 4-month notice period.
Ground 1A — landlord wants to sell (mandatory)
A ground introduced/expanded under the Renters' Rights Act for landlords who intend to sell the freehold or leasehold interest. Like Ground 1, it cannot be used in the first 12 months of the tenancy (Schedule 2 requires "the current tenancy began at least 1 year before the relevant date") and carries a 4-month notice period. Both Ground 1 and Ground 1A come with re-letting restrictions designed to stop landlords using "I'm selling / moving in" as a backdoor no-fault eviction — if you recover possession on these grounds and then re-let, you can face penalties, so only use them where the stated intention is genuine.
Ground 14 — anti-social behaviour (discretionary)
Where the tenant, a household member, or a visitor has engaged in anti-social conduct. This ground has no minimum notice period — proceedings can begin on the day the notice is served (Housing Act 1988 s.8(4)) — reflecting the urgency of serious anti-social behaviour cases. It is discretionary, so the court weighs reasonableness.
Other grounds worth knowing
The full Schedule 2 list includes breach-of-tenancy grounds (Ground 12), deterioration of the property or furniture (Grounds 13 and 15), and grounds tied to specific tenancy types. Several student-let and specialist grounds were adjusted by the RRA. If your situation isn't a clean fit for the common grounds above, check the full Schedule 2 text or take advice before serving.
Quick reference — common grounds at a glance
| Ground | Reason | Type | Notice period |
|---|---|---|---|
| 8 | Serious rent arrears (3 months / 13 weeks) | Mandatory | 4 weeks |
| 10 | Some rent arrears | Discretionary | 4 weeks |
| 11 | Persistent late payment | Discretionary | 4 weeks |
| 1 | Landlord/family moving in | Mandatory | 4 months |
| 1A | Landlord selling | Mandatory | 4 months |
| 14 | Anti-social behaviour | Discretionary | Immediate |
Notice periods are the minimums in Housing Act 1988 s.8(4AA). Where you cite more than one ground, use the longest applicable period.
Choosing the right ground — a short decision path
- Is the tenant 3+ months in arrears (and likely to be at the hearing)? Ground 8 (mandatory), with 10 + 11 as fallbacks.
- Do you genuinely need to sell or move in? Ground 1A or 1 (mandatory) — but accept the 4-month notice and the re-letting restrictions.
- Serious anti-social behaviour? Ground 14 (discretionary, immediate notice) — build the evidence file first.
- A clear breach of the tenancy agreement? Ground 12 (discretionary) — evidence the breach and any warnings.
If none of these fit cleanly, the honest answer may be that you don't yet have a possession ground — and serving a weak Section 8 notice wastes the notice period and your filing costs.
Related guides
- How to Serve a Section 8 Notice (Form 3A) — the procedure once you've chosen your ground.
- Ground 8 Rent Arrears Possession: The New 3-Month Threshold — the most-used mandatory ground in detail (companion guide, published later in this series).
- Section 21 Has Been Abolished — why grounds-based possession is now the only route.
- The Definitive Guide to the Renters' Rights Act 2025 — the whole reform in context.
Sources
- Housing Act 1988 Schedule 2 — the full list of grounds for possession, mandatory (Part 1) and discretionary (Part 2).
- Housing Act 1988 s.8 — the notice requirement and the s.8(4AA) notice-period table.
- Renters' Rights Act 2025 Schedule 1 — the amendments to the grounds, thresholds, and notice periods (including the Ground 8 threshold change).
- Renters' Rights Act 2025 (full text) — the Act in full.
- GOV.UK — Evicting tenants: Section 8 notices — operator guidance on grounds and possession.
This is general information about the Section 8 grounds for possession and is not legal advice. The grounds carry detailed conditions and the Renters' Rights Act amended several of them — verify the current Schedule 2 text and take advice on contested or high-value claims. Crocker Digital Ltd (Company No. 17008789) and RentersActReady accept no liability for action taken solely on the basis of this article.