New Section 8 eviction grounds in 2026: the full list explained

What is a Section 8 ground for possession?

A Section 8 ground is a specific legal reason set out in the Housing Act 1988 (as amended by the Renters' Rights Act 2025) that allows a landlord to apply to court for possession of a property let on an assured periodic tenancy. Each ground has its own notice period, evidence requirement, and status (mandatory or discretionary).

Mandatory means the court must grant possession if the ground is proven. Discretionary means the court can refuse possession if it's not reasonable to grant it. The full official list and notes are in the government's grounds for possession guidance.

The grounds most landlords actually use

Ground 1A: Landlord wishes to sell

Mandatory. Four months' notice. Cannot be used in the first 12 months of the tenancy. The landlord cannot re-let the property within 12 months of using this ground (a serious breach with fines up to £40,000).

This is the new ground that replaces the most common reason landlords used Section 21. If you genuinely intend to sell the property and meet the conditions, this is the route.

Ground 1: Landlord or close family member wants to occupy

Mandatory. Four months' notice. Cannot be used in the first 12 months of the tenancy. The property must become the principal home of the landlord or a defined close family member (spouse, civil partner, parent, child, sibling, grandparent, grandchild).

Ground 8: Three months of rent arrears

Mandatory. Four weeks' notice. The tenant must be three months in arrears at the time of notice and at the time of the court hearing. The threshold was raised from two months to three months under the Renters' Rights Act.

Ground 10: Some rent arrears at notice and at hearing

Discretionary. Four weeks' notice. Used where there are arrears but not the full three months required for Ground 8. Court can refuse if the tenant offers a reasonable repayment plan.

Ground 11: Persistent late payment

Discretionary. Four weeks' notice. Used where the tenant repeatedly pays late even if not currently in arrears. Requires evidence of a pattern of lateness.

Ground 12: Breach of any other obligation in the tenancy

Discretionary. Two weeks' notice. Covers breaches such as unauthorised pets, sub-letting, running a business contrary to the agreement, or damaging the property.

Ground 13: Deterioration of the property

Discretionary. Two weeks' notice. Used where the tenant or someone living with them has caused the condition of the property to deteriorate.

Ground 14: Anti-social behaviour or unlawful use

Discretionary. Notice can be served immediately. Used for nuisance, annoyance, or illegal activity. Requires evidence such as police records, complaints from neighbours, or witness statements.

Ground 7A: Serious anti-social behaviour

Mandatory. Two weeks' notice or immediate, depending on the trigger. Requires a specific trigger such as a court conviction for an indictable offence, an injunction, a closure order, or breach of an anti-social behaviour order.

Ground 14ZA: Conviction for an indictable offence in the property

Mandatory. Two weeks' notice. Requires a conviction for an indictable offence committed at the property.

The grounds used in more specific situations

Ground 2: Property repossessed by mortgage lender

Mandatory. Two months' notice. Used where the landlord's lender is repossessing the property and requires vacant possession to sell. The tenancy must have been entered into knowing this could happen.

Ground 4: Out-of-term student let

Mandatory. Two weeks' notice. Used where a property let to students needs to be returned for the next academic year.

Ground 6: Demolition or substantial reconstruction

Mandatory. Four months' notice. Used where the landlord intends to demolish or substantially reconstruct the property and cannot do so with the tenant in place. The landlord cannot have purchased the property after the tenancy started.

Ground 7: Death of the tenant

Mandatory. Two months' notice. Used where the tenant has died and the tenancy has not passed to a successor by inheritance or other right.

Ground 7B: No right to rent

Mandatory. Two weeks' notice. Used where the Home Office has notified the landlord that the tenant no longer has the right to rent in the UK.

Ground 9: Suitable alternative accommodation

Discretionary. Two months' notice. Used where suitable alternative accommodation is available for the tenant. The court considers reasonableness in detail.

Ground 15: Damage to furniture

Discretionary. Two weeks' notice. Used where the tenant has caused damage to furniture provided under the tenancy.

Ground 16: Tied accommodation (former employee)

Discretionary. Two months' notice. Used where the property was let to an employee whose employment has now ended.

Ground 17: Tenancy obtained by false statement

Discretionary. Two weeks' notice. Used where the tenancy was granted on the basis of a false statement made knowingly or recklessly.

Notice period at a glance

Quick reference for the most common grounds:

• Four months: Ground 1, Ground 1A, Ground 6
• Two months: Grounds 2, 7, 9, 16
• Four weeks: Grounds 8, 10, 11
• Two weeks: Grounds 4, 7A, 7B, 12, 13, 14ZA, 15, 17
• Immediate: Ground 14 (in some circumstances)

What happens after the notice period?

Notice expiring doesn't mean the tenant has to leave. If they don't leave voluntarily, the landlord must apply to the County Court for a possession order. The court will list a hearing, the tenant has the right to defend, and the court decides.

If the court grants possession, the tenant typically has 14 days to leave, sometimes longer for hardship. If they still don't leave, the landlord must apply for bailiffs (or a writ of possession in the High Court for some cases). Court timelines have been extended in 2026 due to the new system, with most cases taking 6 to 9 months from notice to enforcement.

Mistakes in serving notice are now expensive. Fines under the Renters' Rights Act range from £7,000 for procedural breaches up to £40,000 for serious or repeat breaches. Professional advice is sensible if you're not sure.

What if you don't want to go through the eviction process?

You can sell the property with the tenant in place to a specialist cash buyer. The tenancy transfers automatically on completion. No notice. No court hearing. No 12-month re-letting ban. See our guide to selling a tenanted property in 2026 for the full picture.

Please note: this guide summarises grounds available under current legislation but does not constitute legal advice. For complex eviction matters, consult a solicitor or housing advisor.

Common questions

What is the most common Section 8 ground in 2026?

For landlords wanting to recover possession to sell, Ground 1A is the most relevant new ground. It requires four months' notice and cannot be used in the first 12 months of the tenancy. For arrears cases, Ground 8 (three months of arrears, four weeks' notice) is the most common.

What is the difference between mandatory and discretionary grounds?

Mandatory grounds: if the landlord proves the ground, the court must grant possession. Discretionary grounds: the court can refuse possession if it's not reasonable to grant it, even if the ground is technically proven. Most strong grounds (1A, 1, 7A, 8) are mandatory. Most behavioural grounds (12, 14, 15) are discretionary.

Can a landlord serve notice on multiple grounds at once?

Yes. Many notices cite both Ground 8 and Ground 10/11 in arrears cases, or Ground 1A combined with Ground 12 in mixed-issue cases. Citing multiple grounds gives the court more flexibility and the landlord more chances of success.

How long does a Section 8 eviction take in 2026?

Typically 6 to 9 months from serving notice to actual vacant possession via court enforcement. This is longer than under the old Section 21 system due to the additional evidence requirements, court backlogs, and the new procedural protections for tenants.

What if I make a mistake on the Section 8 notice?

The notice may be invalid, which means the tenant can ignore it and the court won't grant possession. You'd need to start again. Procedural breaches under the new rules also carry fines from £7,000 up to £40,000. Always use the prescribed forms and consider professional advice.