Section 8 after Section 21: the grounds for possession explained
With Section 21 abolished under the Renters' Rights Act, Section 8 is the only route to possession. A clear guide to the main mandatory and discretionary grounds, the notice periods, and how the process works in 2026.
Section 21 no-fault evictions ended on 1 May 2026 when the Renters' Rights Act came into force. Every existing and new tenancy became an assured periodic tenancy, and the only route to possession is now Section 8 of the Housing Act 1988. That means a landlord can no longer recover a property simply by serving notice and waiting; you have to establish a specific ground and, if the tenant contests it, prove it to a court. This guide explains the main grounds, what notice each requires, and how the process now runs.
Mandatory versus discretionary grounds
Section 8 grounds come in two kinds, and the distinction decides how much hangs on the judge.
- Mandatory grounds: if the landlord proves the ground, the court must grant possession. There is no discretion.
- Discretionary grounds: even if the landlord proves the ground, the court grants possession only if it considers it reasonable to do so. The tenant's circumstances are weighed.
In the old world many landlords leaned on Section 21 precisely to avoid arguing reasonableness. That option is gone, so understanding which grounds are mandatory matters more than it used to.
The main grounds for selling or moving in
Two new and amended grounds replace the most common reasons landlords used Section 21.
Ground 1: landlord or family moving in (mandatory)
The landlord, or a close family member, wants to occupy the property as their only or principal home. The Act defines the family relationships covered, including a parent, grandparent, sibling, child, or grandchild.
- Notice period: four months.
- Restriction: cannot be used in the first 12 months of the tenancy.
Ground 1A: landlord selling (mandatory)
The landlord intends to sell the property. This addresses one of the biggest gaps left by the loss of Section 21.
- Notice period: four months.
- Restriction: cannot be used in the first 12 months of the tenancy.
There are anti-abuse provisions attached to both: a landlord who recovers a property on these grounds and then re-lets it instead of selling or occupying can face penalties, and there are restrictions on re-marketing for let within a set period.
Rent arrears grounds
Arrears are the most common reason a possession claim is brought, and the rules tightened under the Act.
Ground 8: serious rent arrears (mandatory)
This is the mandatory arrears ground. It applies where the tenant is in at least three months' arrears (or 13 weeks' if rent is paid weekly or fortnightly) both when notice is served and at the hearing.
- Notice period: four weeks.
- Change to note: the threshold rose from two months to three months, and the notice period doubled from two weeks to four weeks. Both shifts make the ground harder to rely on, so accurate records are essential.
If the tenant pays the arrears down below the threshold before the hearing, the mandatory ground falls away, which is why landlords often pair it with the discretionary arrears grounds below.
Grounds 10 and 11: rent arrears and persistent late payment (discretionary)
- Ground 10 covers any arrears at the date of notice and hearing, even below the Ground 8 threshold.
- Ground 11 covers persistent delay in paying rent, whether or not arrears are outstanding when proceedings begin.
Both are discretionary, so the court weighs reasonableness. Ground 10 now carries a four-week notice period in line with Ground 8.
Anti-social behaviour grounds
Ground 7A: serious anti-social behaviour (mandatory)
This applies where there has been a serious conviction, a breach of an injunction or order, or a closure order relating to anti-social behaviour. It is mandatory, and possession proceedings can be brought without a long notice period.
Ground 14: anti-social behaviour (discretionary)
The broader ground covers conduct causing nuisance or annoyance, or illegal or immoral use of the property. It is discretionary, so the court must be satisfied possession is reasonable. Proceedings can be commenced quickly, but the evidence has to stand up: contemporaneous logs of incidents, dates, what happened, and who was affected.
Other grounds worth knowing
The Act keeps and adjusts a longer list. Among the more relevant:
- Ground 6: redevelopment (mandatory) for demolition or substantial works that cannot be done with the tenant in place, with four months' notice.
- Ground 4A: student HMOs (mandatory) to recover an HMO let to full-time students in time for the academic year.
- Grounds for tied accommodation and registered providers, covering ministers of religion, employment-linked lets, and supported housing, with their own notice periods.
- Ground 12 (breach of tenancy) and Ground 13 (deterioration of the property), both discretionary.
The full schedule is long; the grounds above are the ones a typical private landlord will actually use.
How the process works now
- Identify the ground. Pick the ground or grounds that fit, and confirm you meet any restriction (for example the 12-month bar on Grounds 1 and 1A).
- Serve the notice. Use the correct prescribed form, state the ground or grounds, and give the right notice period. Getting the form or period wrong invalidates the notice.
- Wait out the notice period. Four months for sale, family occupation, or redevelopment; four weeks for the arrears and most discretionary grounds; immediate for the most serious anti-social conduct.
- Apply to court. If the tenant has not left, apply for a possession order. The tenant can defend, and on discretionary grounds will argue reasonableness.
- Attend the hearing. Bring the evidence. On mandatory grounds the question is whether the ground is made out; on discretionary grounds the court also weighs whether possession is reasonable.
The transition rules matter for cases already in train: a Section 21 notice served before 1 May 2026 could still be acted on if the court application was made by 31 July 2026. After that, Section 8 is the only door.
Why evidence is the whole game now
The move from Section 21 to Section 8 is a move from a process you follow to a case you prove. Possession turns on the quality of your records: a clean, dated rent ledger for the arrears grounds, contemporaneous incident logs for anti-social behaviour, and proof you met your compliance duties so the tenant cannot argue your own failings caused the problem. For the wider picture of what changed under the Act, see our Renters' Rights Act guide, and for the duties that feed your evidence file, the 2026 compliance checklist.
A note on building the case file
The thing that wins or loses a Section 8 claim is rarely the law; it is whether the records exist and hold up. DwellBridge keeps a timestamped audit trail of tenant communications across WhatsApp, SMS, and email, and tracks compliance certificates with clear compliant, at-risk, and breached states, so the evidence behind a possession claim is already assembled rather than reconstructed after the fact. See the compliance engine or our solutions for landlords.
