Section 8: All the grounds replacing Section 21 and what agents need to know

Of the many changes the Renters' Rights Act is bringing to the Private Rented Sector (PRS), the abolition of "No-fault" Section 21 notices is one of the most significant. As of 1st May, 2026, Section 8 notices are the only legal means for landlords to regain possession of their properties.

Section 8 notices require clearly defined grounds for possession, split into two groups: mandatory and discretionary. Each of these Section 8 grounds has its own criteria, notice periods, and functions.

For many agents, this is a complete operational reset. Processes established under the Housing Act 1988 that relied on flexibility will now need to be torn out at the root. Precision in all things will be the absolute minimum. Accurate documentation, communication records, and proactive tenancy management will play a far greater role in successfully navigating possession proceedings.

In this guide, you'll find every Section 8 ground in detail, including real-world examples of when they apply and what evidence is required. By building your Section 8 knowledge, your agency will be able to get every possession order right the first time.

• What is changing: From Section 21 to Section 8
• Section 8 grounds: What's the difference between mandatory and discretionary grounds?
• Mandatory Grounds: Where possession must be granted
• Discretionary ground: Where the court decides whether possession should be granted
• What agents need to do now
• How Goodlord can help

What is changing: From Section 21 to Section 8

For years, Section 21 notices were the go-to for many landlords and letting agents looking to end assured shorthold tenancies. Before the Renters' Rights Act, these notices were quick, relatively simple to file, and didn't require naming a specific reason to start the possession process.

Under the Renters' Rights Act, this option is no longer available.

With Section 8 notices becoming the only way to regain possession, the weight of compliance is much heavier. Initiating possession proceedings now requires proceeding with a clear strategy from the onset of the tenancy. With periodic tenancies offering tenants much more flexibility, landlords and letting agents won't be able to "let and forget".

Here are three things you'll have to remember going forward:

1. Every eviction must be justified

Agents and landlords will need to use the correct grounds and ensure their notice fully meets the legal criteria. Using the wrong ground could lead to delays or even a complete dismissal.

2. Evidence is king

Eviction notices will need to be backed by robust, well-documented evidence to support possession claims. This could include rent schedules, inspection reports, the terms of the tenancy agreement, any written communications, and anything relevant to the claim (such as third-party complaints relating to anti-social behaviour). The better the records, the better chance a properly filed notice will have.

3. Timelines may become less predictable

Without the ease of Section 21 notices, legal cases against tenants may take longer to prepare and process. This is especially true with discretionary grounds, where the criteria is harder to prove than mandatory grounds. Poorly prepared applications are much more likely to fail.

Section 8 grounds: What's the difference between mandatory and discretionary grounds?

In a post-RRA world, agents need to understand how Section 8 grounds are structured and how they operate in practice. Each ground reflects a particular situation, from rent arrears to changing landlord circumstances, and each comes with its own legal requirements, notice periods, and evidence.

The most basic part of Section 8 notices is that the grounds fall into two distinct categories:

Mandatory grounds

If a tenant is evicted on a mandatory ground, this means a court must grant possession if the landlord or managing agent can prove the ground applies and all the requirements are met.

These grounds are typically used in more clear-cut cases, such as serious rent arrears or a landlord wishing to sell or move into the property.

Discretionary grounds

In cases involving discretionary grounds, the court will have the final decision on whether it is reasonable to grant possession. This means that there is an additional level of judgement in play, where the court will take factors like the behaviour and circumstances of the tenant into account.

In practice, many possession claims rely on a combination of grounds. For example, an agent dealing with persistent late rent payments may cite both rent arrears-based and conduct-based grounds to strengthen the case.

Another key consideration is notice periods. Each ground for eviction has its own minimum notice requirement, and these can vary significantly depending on the reason for possession. Serving the correct notice at the correct time is critical, as errors here can invalidate the eviction claims and any subsequent court proceedings.

Below, we've included all mandatory and discretionary grounds relevant to private landlords (and social landlords where appropriate). To see a full list of legally defined grounds, click here.

Mandatory grounds: Where possession must be granted

Ground 1: The landlord intends to move into the property

This ground applies when the landlord or a close family member intends to move into the property and use it as their main home.

When it might be used

• A landlord returning to the UK after working abroad
• A property being reclaimed for a dependent family member
• A landlord choosing to move back into their rental property due to changing personal circumstances

What evidence is needed?

• A clear, genuine intention to occupy the property
• Supporting documentation (e.g. written statements, change in circumstances)
• Compliance with any notice requirements set out at the start of the tenancy

Notice period

• Four months

Ground 1A: Sale of property

This is a new ground under the Renters' Rights Act. This ground allows landlords to regain possession if they intend to sell the property.

When it might be used:

• A landlord exiting the rental market
• Releasing capital tied up in the property
• Responding to financial pressures or portfolio restructuring

Evidence required:

• A clear, evidenced intention to sell (e.g., instructing an agent, listing the property on the market)

Notice period

• Four months

Ground 2: Mortgage repossession

If the landlord falls into mortgage arrears, this ground lets their lenders gain possession of the property.

When it might be used:

• A landlord falling behind on buy-to-let mortgage payments
• Lender enforcement action

Evidence required:

• The tenant must have been informed at the outset that this ground could be used

Notice period

• Four months

Grounds 2ZA - 2ZD: Possession when a superior lease ends

When the landlord' lease with the property owner expires, the superior landlord can use these grounds for repossession.

When it might be used:

• A leaseholder landlord is renting out a property, but the freeholder wants to sell the building
• A head lease is ending, and the superior landlord requires vacant possession
• A superior landlord intends to redevelop or repurpose the property

Evidence required:

• Documentation from the superior landlord confirming intent
• Proof of the superior landlord’s legal right to possession
• Clear link between the superior landlord’s action and the need to evict the tenant

Notice period

• Four months

Ground 4: Student accommodation

This ground is available only to universities and colleges and is used when the educational institute needs the property to house the next cohort of students.

When it might be used:

• The academic year is ending
• The student dropped out of the institute where they were studying

Evidence required:

• Proof of prior student letting pattern
• Timing aligned with academic terms

Notice period

• Two weeks

Ground 4A: Student accommodation with a non-school landlord

Similar to ground 4, this ground allows landlords who aren't affiliated with an educational institute to regain possession at the end of the school year.

When it might be used:

• The student tenants are coming to the end of the academic year
• The landlord needs to prepare the property for the next set of student tenants

Evidence required:

• Proof of prior student letting pattern
• Timing aligned with academic terms

Notice period:

• Four months

Ground 5: Property Required for Minister of Religion

This ground applies where the property is owned by a religious institution and is required for the occupation of a minister of religion.

When it might be used:

• The required property is tied to a church, mosque, or other religious institution
• Accommodation required for an incoming minister

Evidence required:

• Confirmation of religious role requirement
• Link between property and institution

Notice Period:

• Two months

Ground 6: Landlord wishes to redevelop the property

If a landlord cannot reasonably carry out substantial works while the tenant remains in place, this ground can be used to evict the tenant. If a social landlord uses this ground, they may need to provide their tenant with alternative accommodation.

When it might be used:

• Structural alterations
• Major refurbishments that require a vacancy
• Conversions or reconfiguration of the property

Evidence required:

• Works must be significant; simple cosmetic upgrades will not qualify
• Landlords will need to show a clear intent to start work

Notice period

• Four months

Ground 7: Death of Tenant

This ground applies to a situation where a tenant has died and the tenancy does not pass to a successor. Ground 7 cannot be used if there is a surviving successor living in the property.

When it might be used:

• No qualifying family member to inherit the tenancy
• Property left unoccupied following death

Evidence required:

• The landlord has followed the legal rules on succession
• The ground has been issued before 12 months has passed after the death of the tenant

Notice period:

• Two months

Ground 7A: Serious Anti-Social Behaviour

This ground covers serious cases of anti-social or criminal behaviour and is mandatory where specific conditions are met.

Where it might be used:

• Tenant convicted of a serious offence
• Breach of a criminal behaviour order
• The Police or the council have issued closure orders on the property

Evidence required:

• Court convictions or formal legal findings

Notice period:

• Two weeks, though the landlord can immediately apply to the court to start proceedings

Ground 7B: Tenant has no right to rent

If a tenant has no right to rent under UK immigration law, the Secretary of State will give notice to the landlord. They can then issue this ground to evict the tenant.

Where it might be used:

• A tenant has been found to have no right to rent

Evidence required:

• A notice from the Secretary of State

Notice period:

• Two weeks must be given before the landlord can apply to the court for a possession order

Ground 8: Rent arrears

If a tenant is found to be in serious rent arrears, landlords can use ground 8 to regain possession of their property. The rules around this ground have changed under the Renters' Rights Act to ensure tenants aren't unfairly penalised.

Where it might be used:

• If a monthly-paying tenant owes at least three months' rent
• If a weekly or fortnightly-paying tenant owes at least 13 weeks' rent

Evidence required:

• Proof that the tenant has been in arrears for the specified time period
• Proof that the tenant is not in arrears due to a delay to their benefits

Note: The tenant cannot be evicted if they pay off the arrears before the case gets to court.

Notice period:

• Four weeks

Discretionary ground: Where the court decides whether possession should be granted

Ground 9: Suitable alternative accommodation

This ground applies when the landlord can offer the tenant suitable alternative accommodation.

When it might be used:

• The landlord needs to move the tenant to another property they own
• A social landlord is carrying out redevelopment works
• The current property is no longer suitable for occupation

Evidence required:

• Proof that the alternative accommodation is suitable for the tenant’s needs
• Evidence the accommodation will be available when possession takes place

Notice period:

Two months

Ground 10: Some rent arrears

This ground can be used when a tenant is in rent arrears at the time the notice is served and when court proceedings begin, even if the arrears do not meet the threshold for Ground 8.

When it might be used:

• A tenant repeatedly falls behind on rent payments
• The arrears are below the mandatory threshold
• The tenant partially pays off the arrears before the hearing

Evidence required:

• Rent schedules
• Payment history showing outstanding arrears

Notice period:

• Four weeks

Ground 11: Persistent late payment of rent

Ground 11 applies where a tenant regularly pays rent late, even if they are not currently in arrears.

When it might be used:

• A tenant consistently pays rent several days or weeks late
• Persistent late payments disrupt the landlord’s finances
• A tenant repeatedly clears arrears shortly before court action

Evidence required:

• Detailed rent payment records
• Evidence showing a pattern of repeated late payment

Notice period:

• Four weeks

Ground 12: Breach of tenancy agreement

This ground can be used if a tenant breaches any term of their tenancy agreement, other than rent arrears.

When it might be used:

• Keeping pets without permission
• Subletting the property without consent
• Smoking inside a non-smoking property
• Failure to maintain the garden as required by the tenancy agreement

Evidence required:

• A copy of the tenancy agreement
• Inspection reports, photographs, or written communication showing the breach

Notice period:

• Two weeks

Ground 13: Deterioration of the property

This ground applies where the tenant has caused the property's condition to deteriorate through neglect or poor behaviour.

When it might be used:

• Excessive damage beyond fair wear and tear
• Failure to properly ventilate the property, leading to mould growth
• Damage caused by neglecting basic upkeep responsibilities

Evidence required:

• Photographs
• Inventory reports
• Inspection records
• Contractor assessments where appropriate

Notice period:

• Two weeks

Ground 14: Anti-social behaviour

This ground covers behaviour likely to cause nuisance, annoyance, alarm, or distress to neighbours or the local community.

When it might be used:

• Noise complaints
• Harassment or intimidation of neighbours
• Drug-related activity at the property
• Violent or threatening behaviour

Evidence required:

• Witness statements
• Police reports
• Council complaints
• Recordings or written logs of incidents

Notice period:

• Proceedings can begin immediately after the notice is served

Ground 14A: Domestic abuse

This ground is available to social landlords where one partner has left the property because of domestic abuse carried out by the other partner.

When it might be used:

• One tenant has fled the property due to domestic abuse
• The abusive partner remains in occupation

Evidence required:

• Police reports
• Court orders
• Supporting evidence from relevant agencies

Notice period:

• Two weeks

Ground 14ZA: Rioting

This ground applies where a tenant has been convicted of an offence committed during a riot anywhere in the UK.

When it might be used:

• A tenant is convicted of riot-related criminal offences

Evidence required:

• Criminal conviction documentation

Notice period:

• Two weeks

Ground 15: Damage to furniture

This ground applies in furnished properties where the tenant or someone living with them has damaged the landlord’s furniture.

When it might be used:

• Deliberate or reckless damage to furnishings
• Significant damage beyond normal wear and tear

Evidence required:

• Inventory reports
• Photographs
• Invoices or repair estimates

Notice period:

• Two weeks

Ground 17: False statement

This ground can be used where the tenant obtained the tenancy by making a false statement.

When it might be used:

• Providing false employment information
• Using fake references
• Failing to disclose important information during referencing

Evidence required:

• Proof the statement was false
• Evidence the landlord relied on the false statement when granting the tenancy

Notice period:

• Two weeks

What agents need to do now

With the Renters’ Rights Act now in force, the private rented sector has officially entered a new era of possession proceedings. Section 21 notices are no longer available, and agents and landlords must adapt

This is no longer a conversation about preparing for change. The change is here. Every possession claim must now be supported by the correct grounds, backed by robust evidence, and handled with complete procedural accuracy.

That means the day-to-day management of tenancies has become more important than ever. Agencies that fail to adapt risk delays, dismissed claims, and increased pressure from landlords frustrated by avoidable mistakes.

To operate successfully under the new rules, agents should now be focusing on:

• Reviewing tenancy agreements to ensure they align with the post-Renters’ Rights Act framework
• Training staff on the practical application of both mandatory and discretionary Section 8 grounds
• Strengthening record-keeping processes, including inspections, communication logs, and rent tracking
• Taking a more proactive approach to tenancy management to identify issues early and build stronger evidence where disputes arise
• Working closely with landlords to set realistic expectations around notice periods, court processes, and possession timelines

Now that Section 21 notices aren’t available to agents and landlords, possession proceedings are no longer a reactive administrative task. They require careful planning, strong documentation, and a detailed understanding of the legal framework surrounding Section 8.

How Goodlord can help

As agents adapt to the new possession landscape, having the right systems and operational support in place is essential.

Goodlord’s platform helps agents manage the tenancy lifecycle more effectively, with tools designed to support compliance, maintain accurate records, and streamline communication throughout the tenancy. By keeping documentation organised and accessible, agents are better positioned to evidence possession claims and reduce the risk of costly procedural errors.

Alongside its technology, Goodlord continues to provide agents with practical guidance and up-to-date insight into the Renters’ Rights Act and the wider regulatory changes affecting the PRS.

Now that Section 8 has become the sole route to possession, the agents who succeed will be the ones who combine strong operational processes with a thorough understanding of the legislation. Getting those foundations right today will be critical to navigating possession proceedings successfully in the years ahead.

If you’re interested in hearing more about how Goodlord can help you, get in touch with our expert team here.