Residential possession: A landlord's guide to Section 8 grounds of eviction

As a private landlord in England, there may be times when you need to regain possession of your property due to issues like rent arrears or antisocial behaviour. The Section 8 eviction process, set out under the Housing Act 1988, allows landlords to seek possession through the courts when a tenant has breached the terms of their tenancy.

This guide provides a step-by-step overview of the Section 8 eviction process to help you understand the key stages and legal requirements. Please note that this article is intended to act as a general guide only and is not intended to constitute legal advice, as each case has its own unique circumstances.

What is a Section 8 eviction?

A Section 8 eviction is a formal procedure that allows a landlord to apply to the court for a possession order when the tenant has breached the tenancy agreement. Section 8 refers to section 8 of the Housing Act 1988, which contains a number of grounds on which a landlord can recover possession of their properties. This is most commonly used for reasons such as:

• Rent arrears
• Antisocial behaviour (e.g. causing nuisance to neighbours)
• Damage to the property or other breaches of the tenancy agreement

Section 8 of the Housing Act 1988 allows landlords to apply to the court for possession of a property if certain criteria are met. The criteria fall into two categories: mandatory and discretionary. If a landlord is relying on mandatory grounds, the court will grant possession if the landlord can prove the ground is valid. This guide will focus on the mandatory section 8 grounds for eviction.

There are also many other grounds that a landlord can rely on that are discretionary and mean the court can decide whether or not to make a possession order.

There are many mandatory grounds for eviction under Section 8. Below are the details of each ground:

Ground 1: Landlord requires the property for their own use

• When to use: This ground is applicable when the landlord or a close family member wants to regain possession of the property to live in it as their main residence.
• Important to note:  A landlord cannot rely on this ground within the first 12 months of a new tenancy.
• Notice: The minimum notice period for ground 1 is four months. A landlord can give notice during the first 12 months of the tenancy but it cannot expire before 12 months has ended.
• Example: A landlord rents to a tenant 6 months ago. The landlord’s daughter gets divorced and needs to live in the property. The landlord waits until 8 months into the tenancy to give notice, so it expires after the 12 month ‘protected period’.

Ground 1A: Sale of property

• A landlord can use this ground if they want to sell the property. This ground cannot be relied upon in the first 12 months of the tenancy.
• NB for Ground 1 and 1A, the first 12 months of a new tenancy refer back to the date the tenancy started and not to 1 May 2026.
• A landlord cannot rely on this ground if the tenant had an assured tenancy that started before 1 May 2026.

Ground 1B: Sale of property that is part of Rent to Buy

• This ground relates to Private Registered Provider or social housing only.

Ground 2: Mortgage lender requires repossession

• When to use: This ground applies when the property is subject to a mortgage, and the mortgage lender wants to repossess the property.
• Requirements: The mortgage must have been taken out before the tenancy agreement started.
• Notice: The minimum notice period for ground 2 is four months.

Ground 4: Student accommodation

• When to use: This ground applies if the property is owned by an educational institution (e.g., university or college) and is needed to house students.
• Requirements: The property must have been let to students within 12 months or the start of the tenancy.
• Notice: The minimum notice required for ground 4 is two weeks.

Ground 4A: properties rented to students for occupation by new students

• Criteria: At least three tenants live there, forming more than one household, and the tenants share a toilet, bathroom or kitchen. A Landlord can rely on this ground if the HMO is let to full-time students and is needed for a new group of students in line with the academic year between 1 June and 30 September. The ground cannot be relied upon to evict tenants if the tenancy was agreed more than six months before the tenancy started. In that instance, the landlord would have had to give advance notice that they intended to rely on this ground.
• The landlord must give four months’ notice before applying to the Court for a possession order to evict the tenant.

Ground 5: Property needed for a minister of religion

• When to use: This ground is used when the property is required for use and occupation by a minister of religion to perform their duties.
• Requirements:
  • The property must be held for use by a minister of religion to carry out their duties.
  • The property must be required for occupation by a minister of religion.
• Notice period: The minimum notice period required for Ground 5 is two months.

Grounds 5A-H have been introduced to address certain tenancies.

Ground 6: Property needed for redevelopment or refurbishment

• When to use: If the landlord wants to redevelop or refurbish all or part of the property and can prove that these works cannot reasonably be carried out by the landlord whilst the tenant remains in the property. The landlord does not have to provide alternative accommodation during this time, but they may be liable to cover the tenant's reasonable removal costs. This ground can also apply when a landlord has rented the property to a housing association, which has then sublet it to the tenant.
• Requirements: The landlord must have plans for redevelopment or major works that require the property to be vacant.
• Restrictions:
• Notice: The minimum notice period required for ground 6 is four months.

Ground 7: The original tenant has died

• When to Use: This ground applies when the original tenant has passed away and has left the tenancy to their beneficiaries under their will or under the intestacy rules.
• Requirements: The landlord must begin possession proceedings (serving a Section 8 notice alone is not enough to show the landlord started proceedings) no later than 12 months after the death of the original tenant, or if directed by the court, the date at which the landlord became aware of the passing of its tenant.
• Restrictions: This ground cannot be exercised when someone has inherited the tenancy under the rules of succession.
• Notice: The minimum notice period required for ground 6 is two months.

Ground 7A: Severe Antisocial or criminal behaviour

• When to use: Ground 7A applies when a tenant or someone connected to the property (either living there or visiting) engages in antisocial behaviour, and specified conditions are met.  A condition is deemed not met if an appeal against the conviction, order, or finding is either successful or pending.
• Requirements: No notice period is required, and a landlord can apply to the court relying on this ground as soon as notice has been given.

Ground 7B: Tenant does not have a right to rent

• When to use: Ground 7B applies when the Home Office notifies the landlord that one or more tenants or occupiers do not have the right to rent, but not all of the tenants or occupiers are affected.
• Who has the right to rent? Some individuals automatically have a right to rent, such as British and Irish citizens. Others may have a right to rent depending on whether they have leave or permission to be in the UK. Anyone without leave to remain in the UK has no right to rent.
• Private landlords are prohibited from renting to individuals who are disqualified from renting due to their immigration status.
• 2 weeks’ notice is required before a landlord can apply to court.

Ground 8: Rent arrears

• When to use: This ground is one of the most common reasons for eviction. It applies when the tenant has accrued significant rent arrears.
• Requirements:
  • If the tenant pays rent weekly, the arrears must be at least thirteen weeks.
  • If the tenant pays rent monthly, the arrears must be at least 3 months’ worth of rent.
  • The tenant must owe rent when the notice is served, as well as at the time of the court hearing. If you only rely on Ground 8, there's a risk the tenant could reduce their arrears just before the hearing. It's often recommended to use another ground to ensure the tenant cannot lower the arrears below the required threshold before the hearing.
• Notice: The minimum notice required for ground 8 is four weeks.

While the Section 8 process allows landlords to evict tenants under specific, mandatory circumstances, it's important to ensure compliance with all legal requirements. Always keep clear records, follow the correct notice procedures, and seek legal advice to avoid disputes between you and your tenant and ensure a smooth eviction process.

Burden of proof

Relying on a section 8 ground means that the onus is always on the landlord who is trying to obtain a possession order, to persuade the Court that the criteria for the relevant ground have been established.

When the landlord could serve a no-fault section 21 notice, no evidence had to be produced, other than showing the Court that a valid section 21 notice had been received by and served on the tenant and having to now rely on a section 8 ground for possession means that there is a far more substantial evidential burden on a landlord than ever before.

Court involvement requirements

Again, because section 21 has been abolished, the accelerated possession procedure available for section 21 notices has also been abolished. There is no swift procedure for obtaining a possession order, and many more possession claims will likely require Court time through numerous hearings. Not only is there already a lack of judicial time available, but if more and more possession claims require multiple hearings and reading time for judges, it is very likely that the time it will take to obtain a possession order will be significantly lengthened.

Currently, it takes at least a year to obtain a possession order, and that period is likely to increase further.

Why evidence now matters more than notice

Not only is a landlord going to have to ensure that they have given the prescribed period of notice to the tenant, but depending on the ground of possession is being relied upon, they are also going to have to make sure, particularly in the case of discretionary grounds, that they have amassed the strongest evidential case possible if they are going to stand any chance of persuading the Court to grant the possession order.

Early intervention by a property litigation legal team is essential to ensure that the landlord presents the best case possible to obtain a possession order.