What are Section 8 notices?
A Section 8 notice (of the Housing Act 1988) is a formal notice that permits a landlord to regain possession of their property from a tenant for a specific reason, typically due to a change in circumstances, or a breach of contract.
The ‘reasons’ for giving a section 8 notice are known as ‘grounds for possession’, which enable a landlord to lawfully regain possession
of their rental property for a specific reason, which will be granted by a court.
Ground types
Section 8 grounds come in two forms: ‘Mandatory’ and ‘Discretionary’, and refers to the basis on which a court grants possession:
Mandatory Grounds – Where the court must grant possession of the property (For example: rental arrears [Section 8, Ground 8])
Discretionary Grounds – Where the court can grant possession if found reasonable in a court hearing (For example: breaches of a tenancy agreement [Section 8, ground 12)
Again, it’s important to know the difference between the two types, as mandatory grounds are more likely to result in possession, whereas a discretionary ground requires a court to agree that possession is appropriate.
Here are the mandatory and discretionary grounds for Section 8 possession as it currently stands:
DISCLAIMER: The details contained in this article are for informational purposes only and should not be relied upon for legal guidance. Please consult with a solicitor or legal professional if you intend to use Section 8 yourself.
Grounds for possession:
Mandatory grounds
Where possession is sought on a mandatory ground, the court must grant possession of the property
Landlord intends to use property as their primary residence
Notice period: 2 months
CANNOT BE SERVED DURING A FIXED TERM
When a mortgage lender wants to repossess the property (usually used when a property is being sold)
Notice period: 2 months
CAN BE SERVED DURING FIXED TERM (IF THE TENANCY AGREEMENT PERMITS)
(For fixed-term tenancies of eight months or less), where a property was previously used as a holiday let – and the landlord intends to keep using it as such.
Notice period: 2 weeks
CANNOT BE SERVED DURING A FIXED TERM
(Of a student-let tenancy) The tenancy is a fixed term of no longer than 12 months and the property is let outside of the educational term.
Notice period: 2 weeks
CANNOT BE SERVED ON FIXED TERM
The property is required for a minister of religion, typically not applicable to standard residential lettings.
Notice period: 2 months
CANNOT BE SERVED ON A FIXED TERM
The property is in need of redevelopment (typically used where there is structural damage to the property, and remedial works are required).
Notice period: 2 months
CANNOT BE SERVED ON A FIXED TERM
The court is compelled to order possession on this ground when both of the following apply:
- By will or intestacy rules, the tenancy has passed on following the death of the tenant, and:
- The landlord began proceedings for possession within a year of the tenant’s death, or the date the landlord became aware of the death (if the court directs).
Notice period: 2 months
CAN BE SERVED DURING FIXED TERM (IF THE TENANCY AGREEMENT PERMITS)
Where one of the five antisocial behaviour conditions are met, the court must grant possession on this ground. The conditions include:
- Condition 1: Conviction of a serious offence
- Condition 2: Breach of an injunction
- Condition 3: Breach of a criminal behaviour order
- Condition 4: Closure order
- Condition 5: Noise nuisance
Notice period: 1 month (fixed term) OR, 4 weeks (periodic)
CAN BE SERVED DURING A FIXED TERM (IF THE TENANCY AGREEMENT PERMITS)
Possession must be granted where the Home Office has informed the landlord that one (or more) if the tenants/occupiers do not have a right to rent
Notice period: 2 weeks
CAN BE SERVED ON A FIXED TERM
The tenant is in arrears of rent; 8 weeks (if paid fortnightly), and 2 months (if paid monthly).
Notice period: 2 weeks
CAN BE SERVED DURING FIXED TERM (IF THE TENANCY AGREEMENT PERMITS)
Discretionary grounds
Where possession is sought on a discretionary ground, the court may grant possession, subject to a hearing.
Suitable alternative accommodation is available for the tenant upon request. The new tenancy must be granted on the same basis (furnished/unfurnished for example).
Notice period: 2 months
CANNOT BE SERVED DURING FIXED TERM
The tenant is in arrears of rent (this is used if the rent arrears is less than the time periods specified in the mandatory ground equivalent (section 8 ground 8)
Notice period: 2 weeks
CAN BE SERVED DURING FIXED TERM (IF THE TENANCY AGREEMENT PERMITS)
The tenant has persistently delayed paying rent; regardless of whether the current rent balance is in arrears.
Notice period: 2 weeks
CAN BE SERVED DURING FIXED TERM (IF THE TENANCY AGREEMENT PERMITS)
An obligation of the tenancy agreement has been breached, other than issues relating to the payment of rent.
Notice period: 2 weeks
CAN BE SERVED DURING FIXED TERM (IF THE TENANCY AGREEMENT PERMITS)
The property has deteriorated due to the tenant’s(/s’) conduct
Notice period: 2 weeks
CAN BE SERVED DURING FIXED TERM (IF THE TENANCY AGREEMENT PERMITS)
The tenant is causing a nuisance or annoyance to people (ASB). The tenant is using the property for immoral purposes.
Notice period: none; proceedings can begin immediately
CAN BE SERVED DURING FIXED TERM (IF THE TENANCY AGREEMENT PERMITS)
[Primarily used by social landlords] Allows a landlord to seek possession where one partner on the in the tenancy has left due to domestic abuse and is unlikely to return.
Notice period: 2 weeks
CAN BE SERVED DURING FIXED TERM (IF THE TENANCY AGREEMENT PERMITS)
Grants possession where a tenant or an adult resident has been convicted of an indictable offense during a riot in the UK
Notice period: 2 weeks
CAN BE SERVED DURING FIXED TERM (IF THE TENANCY AGREEMENT PERMITS)
The tenant has allowed the landlords’ furniture to deteriorate due to misuse/mistreatment.
Notice period: 2 months
CAN BE SERVED DURING FIXED TERM (IF THE TENANCY AGREEMENT PERMITS)
The tenant occupies the property due to their former employment by the landlord, typically used when the employment comes to an end.
Notice period: 2 months
CANNOT BE SERVED DURING FIXED TERM
The tenant made a false statement upon which the tenancy was granted (For example: employment status).
Notice period: 2 weeks
CAN BE SERVED DURING FIXED TERM (IF THE TENANCY AGREEMENT PERMITS)
There are 17 separate grounds, with 4 ‘sub-grounds’ for more specific situations.
In the majority of instances where the landlord requires possession, there are typically other, more orthodox grounds to seek possession.
This is why the abolition of Section 21 is a controversial change to many in the private rented sector, as Section 21 can at times be more straightforward and efficient than Section 8.
New grounds in the Renters’ Rights Bill
The Renters’ Rights Bill is committed to the removal of Section 21, also known as ‘no-fault evictions’.
With it, the bill provides several new and reformed Section 8 grounds which can be used by landlords to acquire possession when it is truly necessary.
Let’s look into the provisional changes that the bill will make to Section 8 grounds:
Mandatory grounds – Post RRB
Where possession is sought on a mandatory ground, the court must grant possession of the property
A landlord or close family member intends to use property as their primary residence
Notice period: 4 months
CANNOT BE SERVED FOR FIRST 12 MONTHS OF TENANCY
The landlord wishes to sell the property
Notice period: 4 Months
CANNOT BE SERVED FOR FIRST 12 MONTHS OF TENANCY
The landlord is a private registered provider of social housing, and the tenancy is under a rent-to-buy agreement.
Notice period: 4 Months
When a mortgage lender wants to repossess the property (usually used when a property is being sold)
Notice period: 4 months
The landlord’s lease is under a superior tenancy that is ending. This can only be used by private registered providers of social housing, agricultural landlords, supported accommodation, or by a company majority owned by a local authority.
Notice period: 4 months
The landlord’s lease is under a superior tenancy that is coming to an end/already ended. Can only be issued of the superior lease was granted for a fixed term of over 21 years.
Notice period: 4 months
After a superior tenancy ends, the superior landlord becomes the tenant’s direct landlord. Can only be used where the intermediate landlord prior to reversion was a registered provider of social housing, agricultural landlord, supported accommodation, or by a company majority owned by a local authority.
Notice period: 4 months
After a superior tenancy ends, the superior landlord becomes the tenant’s direct landlord and seeks to take possession.
Can only be used if the superior lease was granted on a fixed term greater than 21 years and has expired, or within a 12-month period of the fixed term expiry date if the fixed term has been ended early (or if the superior tenancy comes to an end after the expiry of the fixed term as a result of a valid notice.
Notice period: 4 months
(In the 12 months prior to the start of the tenancy) The property was, and possession is required for the new educational year.
This ground can only be used by “specified educational establishments”.
Notice period: 2 weeks
CANNOT BE SERVED ON FIXED TERM
An HMO that is let to full-time students and is required for a new group of students for the new academic year.
This ground cannot be used is the tenancy was agreed more than 6 months in advance of the start of the tenancy.
Notice period: 2 weeks
The property is required for a minister of religion to perform the duties of their office, typically not applicable to standard residential lettings.
Notice period: 2 months
The landlord requires possession to house someone who will be employed by them as an agricultural worker.
Notice period: 2 months
A private registered provider of social housing holds the property for use by tenants meeting requirements connected with their employment and it is required for that purpose (if the current tenant doesn’t fulfil these requirements).
Notice period: 2 months
Previously ground 16.
The dwelling was let as a result of the tenant’s employment by the landlord and the employment has come to an end
OR
the tenancy was not meant to last the duration of the employment, and the dwelling is required by a new employee.
Notice period: 2 months
A private registered provider of social housing included an employment requirement in the tenancy agreement that the tenant no longer fulfils (e.g., a key worker).
Notice period: 2 months
The property is held for use as supported accommodation and the current tenant did not enter the tenancy for the purpose of receiving care, support or supervision.
Notice period: 4 Weeks
The tenancy is for supported accommodation and one of the circumstances set out in the ground, making the accommodation no longer viable or suitable for that tenant, has occurred.
Notice period: 4 Weeks
The property has been used as temporary accommodation for a homeless household (under s193 of the Housing Act 1996), and a local housing authority has notified the landlord that the tenancy is no longer required for that purpose.
The landlord can only use this ground if within 12 months of the date of the notice from the local housing authority.
Notice period: 4 Weeks
A registered provider of social housing or a charity lets to
a tenant meeting eligibility criterion (e.g., under a certain age) at
“affordable rent”, to help them access the private rented sector and/or
transition to living independently, and the tenant no longer meets the
eligibility criteria, or a limited period has come to an end.
Notice period: 2 Months
The property is in need of substantial redevelopment/demolition.
Typically used where there is structural damage to the property, and remedial works (which cannot be completed with tenants in situ) are required).
Notice period: 4 months
The tenant has been provided with alternative accommodation by a relevant social landlord while redevelopment affecting the tenant’s original home is carried out.
Notice period: 4 months
The landlord is subject to enforcement action and needs to regain possession to become compliant.
Under this ground, the court will be allowed to require the landlord to pay compensation to the tenant when ordering possession.
Notice period: 4 months
The court is compelled to order possession on this ground when both of the following apply:
- By will or intestacy rules, the tenancy has passed on following the death of the tenant, and:
- The landlord began proceedings for possession within a year of the tenant’s death, or the date the landlord became aware of the death (if the court directs).
Notice period: 2 months
Where one of the five antisocial behaviour conditions are met, the court must grant possession on this ground. The conditions include:
- Condition 1: Conviction of a serious offence
- Condition 2: Breach of an injunction
- Condition 3: Breach of a criminal behaviour order
- Condition 4: Closure order
- Condition 5: Noise nuisance
Notice period: None; proceedings can begin immediately
Possession must be granted where the Home Office has informed the landlord that one (or more) if the tenants/occupiers do not have a right to rent
Notice period: 2 weeks
The tenant is in arrears of rent; 13 weeks (if paid fortnightly), and 3 months (if paid monthly).
Notice period: 4 weeks
Discretionary grounds – Post RRB
Where possession is sought on a discretionary ground, the court may grant possession, subject to a hearing.
Suitable alternative accommodation is available for the tenant upon request.
The new tenancy must be granted on the same basis (furnished/unfurnished for example).
Notice period: 2 months
The tenant is in arrears of rent (this is used if the rent arrears is less than the time periods specified in the mandatory ground equivalent (section 8 ground 8)
Notice period: 4 weeks
The tenant has persistently delayed paying rent; regardless of whether the current rent balance is in arrears.
Notice period: 4 weeks
An obligation of the tenancy agreement has been breached, other than issues relating to the payment of rent.
Notice period: 2 weeks
The property has deteriorated due to the tenant’s(/s’) conduct
Notice period: 2 weeks
The tenant is causing a nuisance or annoyance to people (ASB). The tenant is using the property for immoral purposes.
Notice period: none; proceedings can begin immediately
[Primarily used by social landlords] Allows a landlord to seek possession where one partner on the in the tenancy has left due to domestic abuse and is unlikely to return.
Notice period: 2 weeks
Grants possession where a tenant or an adult resident has been convicted of an indictable offense during a riot in the UK
Notice period: 2 weeks
The tenant has allowed the landlords’ furniture to deteriorate due to misuse/mistreatment.
Notice period: 2 weeks
The tenant made a false statement upon which the tenancy was granted (For example: employment status).
Notice period: 2 weeks
The tenancy is for supported accommodation and the tenant is refusing to engage with the support
Notice period: 4 weeks
With the new proposed additions of the bill, the total number of section 8 grounds comes to 37.
This means that, in theory, there are a greater number of situations where the landlord can regain possession of the property from the tenant when it is necessary.
What’s more is that the majority of the new additions are mandatory grounds, which are simpler to use and more often end in a successful court order for possession.
As the Renters’ Rights Bill has not yet been passed, the information above is subject to change. For more details about the Renters’ Rights Bill, read our condensed version of the bill and its changes.
Worrying about the changes coming with the Renters’ Rights Bill? Watch our video on the 3 tips you can use to survive the bill.
Updated: 06/05/25