Section 8 Possession Grounds in 2026: What Each Ground Covers and the Notice It Needs
Section 21 no-fault eviction ended for private tenancies in England on 1 May 2026. Every possession claim now needs a ground under Schedule 2 of the Housing Act 1988, the right notice period on a section 8 notice and a court order. Notice runs from immediate, for serious anti-social behaviour, to four months, for selling or moving in. This guide lists every ground a private landlord can use, its notice period and its conditions, then sets out what possession costs and how to avoid the common mistakes.
In this guide
Every ground and its notice period Moving in or selling: grounds 1 and 1A Arrears: grounds 8, 10 and 11 Behaviour and breach: grounds 7A, 12, 13, 14 and 17 Things that stop a possession claim What possession costs Frequently asked questions SourcesEvery ground and its notice period
| Ground | What it covers | Type | Notice |
|---|---|---|---|
| 1 | You or a close family member want to live in the property; not in the first 12 months | Mandatory | 4 months |
| 1A | You intend to sell; not in the first 12 months | Mandatory | 4 months |
| 2 | Mortgage lender repossessing | Mandatory | 4 months |
| 4 | Student accommodation | Mandatory | 2 weeks |
| 4A | HMO let to students, needed for the next cohort | Mandatory | 4 months |
| 5 | Needed for a minister of religion | Mandatory | 2 months |
| 6 | Redevelopment | Mandatory | 4 months |
| 7 | Death of the tenant, claimed within 12 months | Mandatory | 2 months |
| 7A | Severe anti-social behaviour or a criminal conviction | Mandatory | Immediate |
| 7B | Tenant has no right to rent under immigration law | Mandatory | 2 weeks |
| 8 | Serious rent arrears: at least 3 months | Mandatory | 4 weeks |
| 10 | Any rent arrears | Discretionary | 4 weeks |
| 11 | Persistent late payment | Discretionary | 4 weeks |
| 12 | Breach of a tenancy term | Discretionary | 2 weeks |
| 13 | Deterioration of the property | Discretionary | 2 weeks |
| 14 | Anti-social behaviour | Discretionary | Immediate |
| 15 | Deterioration of furniture | Discretionary | 2 weeks |
| 17 | Tenancy obtained by a false statement | Discretionary | 2 weeks |
| 18 | Supported accommodation, tenant not engaging with support | Discretionary | 4 weeks |
GOV.UK guide to the Renters' Rights Act, table of grounds, checked 3 October 2026. Grounds 1B, 6A and 14A apply to social landlords only and are left out. Mandatory means the court must order possession if the ground is proved; discretionary means it must also be reasonable.
Moving in or selling: grounds 1 and 1A
Tenants have a 12-month protected period at the start of a tenancy during which you cannot evict to move in or sell. After that, four months' notice is needed, so the earliest a tenant who moved in on 1 June 2026 can be required to leave on these grounds is 1 June 2027, with notice served by 1 February 2027. You also cannot re-let or market the property to let for 12 months after using either ground, and a council can fine you for doing so. These grounds are for genuine plans; the fines guide lists the penalty for misuse.
Arrears: grounds 8, 10 and 11
Ground 8 is the mandatory arrears ground, and the threshold is now three months' rent (13 weeks for weekly tenancies), at both the date of the notice and the hearing. Notice is four weeks. Grounds 10 and 11, for any arrears and persistent late payment, are discretionary and are usually pleaded alongside ground 8, so that a court can still order possession if a tenant pays the arrears down below three months before the hearing. Rent guarantee insurance and good referencing matter more now that the threshold is higher; the landlord insurance guide covers cover and cost.
Behaviour and breach: grounds 7A, 12, 13, 14 and 17
Ground 7A, for serious anti-social behaviour with a conviction or court order, is mandatory and needs no waiting period. Ground 14, for nuisance and annoyance, is discretionary but also allows proceedings straight away. Breach of a term, such as refusing access for a gas safety check, is ground 12 with two weeks' notice. Keep evidence: dates, letters, photographs, police references and any refusal of access for the gas safety check or EICR.
Things that stop a possession claim
- Not on the landlord database. Once registration is required for your region, a court cannot make a possession order while you are in breach of the duty to register, except on the anti-social behaviour grounds 7A and 14. See the database guide.
- The wrong notice period or form. A section 8 notice with too short a period is invalid and the claim fails.
- The 12-month protected period for grounds 1 and 1A.
- Unlicensed property. Letting a property that needs an HMO or selective licence without one is an offence and exposes you to a rent repayment order alongside the claim.
What possession costs
| Item | Cost |
|---|---|
| County court possession claim fee | £404 |
| County court bailiff, or High Court enforcement | £130 to £400 or more |
| Solicitor, if used, for a straightforward claim | Varies; fixed-fee packages are widely advertised |
| Lost rent on a ground 8 case, £1,200 a month | 6 to 9 months, £7,000 to £11,000 |
Court fee and enforcement range as given in our Renters' Rights Act cost guide, September 2026; lost rent is our estimate of three months to reach the threshold, four weeks' notice and a hearing several months later.
The Renters' Rights checker tests whether you are in a position to use the grounds, and the compliance calendar holds the notice dates.
Frequently asked questions
Can I still use section 21 in England?
No. Section 21 ended for private tenancies when the Renters' Rights Act tenancy reforms commenced on 1 May 2026. Every possession now needs a section 8 ground and a court order.
How much notice do I give to sell my rental property?
Four months under ground 1A, and not during the first 12 months of the tenancy. You cannot re-let or market the property to let for 12 months afterwards.
How many months of arrears for ground 8?
At least three months' rent, or 13 weeks for a weekly tenancy, both when the notice is served and at the hearing. The notice period is four weeks.
Which grounds allow immediate proceedings?
Ground 7A for severe anti-social behaviour or a relevant conviction, and ground 14 for anti-social behaviour, which is discretionary.
Can I evict if I am not on the landlord database?
Once registration applies to your region, a court cannot make a possession order while you are in breach of the duty to register, except on grounds 7A and 14.
Sources
GOV.UK guide to the Renters' Rights Act; Renters' Rights Act 2025; Housing Act 1988 Schedule 2; GOV.UK assured tenancy forms; HMCTS civil court fees (EX50). Checked 3 October 2026. See the methodology.