How does Section 8 differ from the eviction process overview?

Our [[eviction-rules-england|eviction rules guide]] covers the end-to-end possession procedure. This guide focuses on choosing and evidencing the correct ground.

Legislation & Reform12 min readLast reviewed 3 July 2026

Section 8 Grounds in England: Mandatory and Discretionary Possession

A deep-dive into every Section 8 possession ground in England — mandatory vs discretionary, notice periods, evidence requirements, and new grounds under the Renters' Rights Act.

England only. This guide applies to private rented property in England. Wales and Scotland have separate legal frameworks — dedicated guides will be published separately.

Key takeaways

Schedule 2 of the Housing Act 1988 lists all Section 8 possession grounds for England.

Mandatory grounds require the court to grant possession if proven — discretionary grounds allow the court to decide.

The Renters' Rights Act adds new grounds for sale, landlord occupation, and strengthened antisocial behaviour.

Notice periods range from two weeks to four months depending on the ground.

Using the wrong ground dismisses the claim — match ground to evidence precisely.

Mandatory grounds (court must grant)

Ground	Basis	Notice	Key evidence
Ground 8	3+ months' rent arrears	2 weeks	Rent ledger at notice + hearing
Ground 7A	Serious antisocial behaviour	4 weeks	Police reports, witness statements, ASB diary
Ground 7B	No right to rent	2 weeks	Home Office notice
Ground 7	Previous social landlord possession	2 months	Court order from prior tenancy

Discretionary grounds (court decides)

Ground	Basis	Notice	Key evidence
Ground 10	Some rent arrears	2 weeks	Rent ledger (less than Ground 8 threshold)
Ground 11	Persistent late payment	2 weeks	Payment history showing pattern
Ground 12	Breach of tenancy terms	2 weeks	Written warnings, photos, correspondence
Ground 13	Property deterioration	2 weeks	Inspection reports, photos
Ground 14	Antisocial behaviour / nuisance	4 weeks	Complaint log, neighbour statements
Ground 1	Landlord moving in	4 months	Landlord's signed declaration
Ground 1A	Landlord selling	4 months	Proof of sale (e.g. estate agent instruction)
Ground 15	Furniture let on deteriorated terms

New and strengthened grounds under the Renters' Rights Act

The Renters' Rights Act introduces longer notice periods for sale and occupation grounds (four months) and strengthens antisocial behaviour grounds. Landlords must not misuse these grounds — courts scrutinise claims where the property is re-let immediately after possession.

Ground 1 and 1A: four months' notice; landlord cannot re-let within three months of possession.
Ground 7A: mandatory for serious ASB — no reasonableness test.
Ground 14: notice period extended from two weeks to four weeks.

Choosing the right ground

Match the ground precisely to the facts — do not overreach.
For arrears, check Ground 8 threshold (3 months) before serving.
For ASB, build a contemporaneous incident log before serving.
For sale/occupation, gather proof of genuine intent.
Cite multiple grounds on one notice where facts support them.
See our eviction rules guide for the full court procedure.

Frequently asked questions

What is the difference between mandatory and discretionary grounds?+

Mandatory grounds (e.g. Ground 8 for rent arrears) require the court to grant possession if the ground is proven. Discretionary grounds (e.g. Ground 12 for breach of tenancy) allow the court to consider whether eviction is reasonable.

Which Section 8 grounds are new under the Renters' Rights Act?+

New and strengthened grounds include Ground 1 (landlord occupation, 4 months' notice), Ground 1A (sale, 4 months' notice), Ground 7A (serious antisocial behaviour), and an extended Ground 14 (antisocial behaviour, 4 weeks' notice).

What evidence is needed for Ground 8 (rent arrears)?+

A rent ledger showing at least three months' unpaid rent at both the notice date and the court hearing. See our rent arrears guide for the full pre-action process.

Can I combine multiple grounds on one notice?+

Yes. A single Section 8 notice can cite multiple grounds. This is common when, for example, rent arrears (Ground 8) coincide with tenancy breaches (Ground 12).