Current Section 8 Grounds 

Under the Housing Act 1988, there are 17 grounds for possession which are listed in Schedule 2 of the Act, these are divided into two categories:

• Mandatory Grounds (Grounds 1 - 8); and 
• Discretionary Grounds( Grounds 9 – 17)

Mandatory grounds are specific legal grounds where, If the landlord can prove that the criteria are met, the court is obliged to grant an order for possession. The landlord must provide sufficient evidence to establish that the ground applies, for example serious rent arrears or proven criminal activity by a tenant. 

Discretionary grounds give the court the discretion to decide whether to grant possession, even if the landlord proves the ground is valid. The court will consider all the circumstances of the case and determine whether it is reasonable and proportionate to evict the tenant. 

Key Changes To Section 8 Under The Renters Rights Act

The Renters' Rights Act makes significant changes to the possession grounds under Section 8 of the Housing Act 1988. Once Section 21 Notices are abolished, landlords will need to rely solely on these strengthened and expanded Section 8 grounds. 

Main updates include:

• Mandatory ground for possession where the landlord intends to sell the property: This new mandatory ground will allow landlords to regain possession if they genuinely intend to sell the property. The tenancy must have lasted at least 12 months before the notice is served. Tenants must be given four months' notice. Landlords should be aware that they will be prohibited from re-letting or remarketing the property for a restricted period which is 12 months. 

• Possession on the basis of the landlord or family intending to move in: Similarly, the notice can only be served after the first 12 months of the current tenancy, and tenants must be given 4 months’ notice. As with the sale ground, the landlord will be prohibited from re-letting or re-marketing the property for letting for a restricted period. 

• Possession on the basis of rent arrears: The threshold for this ground will increase to 3 months (or 13 weeks) of arrears both at the time the notice is served and at the court hearing. Tenants must be given 4 weeks’ notice. The court will retain discretion where arrears fall below the threshold at the hearing.  Rent arrears on the basis of  Universal Credit payment delay wont count.  

• New grounds for possession relating to superior lease terminations: Where a headlease or superior tenancy ends, a landlord may seek possession of the sub-let property under this new ground. 

• New grounds for possession relating to enforcement action against a landlord:  A landlord may rely on this ground if they are required to end a tenancy because it would be unlawful for them to continue it due to enforcement action (e.g. a banning order or breaches of HMO licence conditions). 

• New grounds for possession for properties let to students in HMOs: Landlords must meet specific criteria, including the HMO and Student Test, before using this ground. Landlords will have to provide 4 months’ notice and cannot rely on this ground if the tenancy was entered into less than 6 months before the tenants were entitled to move in.  Landlords will also need to give advance notice before the tenancy begins that possession would be sought at the end of the academic year. 

• New grounds for possession relating to employment-linked tenancies: These include cases involving key workers and agricultural workers. 

The commencement date of the new regime is currently awaited and expected in 2026. 

Sanctions For Unlawful Eviction And Harassment 

Under the Act, local authorities will be given substantial powers to issue fines to landlords and agents up to £40,000 for unlawful eviction and harassment of an occupier under The Protection from Eviction Act 1977. 

The Act also strengthens Rent Repayment Orders, allowing tenants and local authorities to reclaim up to 24 months rent where landlords commit specific offences – which will include misuse of possession grounds and failure to comply with the private database obligations. 

Eviction Notices

Property offers a comprehensive collection of resources, including step-by-step guidance on the different routes to gain possession of your property. Additionally, there are a range of professionally drafted templates, forms, documents, and letters to help you terminate tenancies including Eviction Notice Template and Using Section 8 to Evict an Assured Shorthold Tenant.