The New Section 8 Landscape from 1 May 2026
The Renters Rights Act 2025 has significantly revised the Section 8 grounds for possession. Some grounds are new, some have been amended, and the notice periods for many have changed. Every possession claim now requires a court hearing -- the accelerated paperwork-only route that existed under Section 21 is gone.
Grounds fall into two categories. Mandatory grounds: if proved, the court must grant possession. Discretionary grounds: the court considers all the circumstances and decides whether it is reasonable to grant possession. Even if a discretionary ground is proved, the court may decline to make a possession order or may suspend it.
Mandatory Grounds -- The Court Must Grant Possession If Proved
Ground 1 -- Landlord or Family Member Moving In. The landlord, or a close family member, genuinely intends to occupy the property as their principal home. Cannot be used in the first 12 months of the tenancy (from 1 May 2026 for converted tenancies). Notice period: 4 months. After recovering possession, the landlord cannot re-let or market the property for letting for 12 months.
Ground 1A -- Sale of Property (New under RRA 2025). The landlord genuinely intends to sell the property. Cannot be used in the first 12 months of the tenancy. Notice period: 4 months. After recovering possession, the landlord cannot re-let or market the property for letting for 12 months. If the landlord re-lets within 12 months, they commit a criminal offence.
Ground 1B -- Redevelopment (New under RRA 2025). The landlord intends to demolish or substantially redevelop the property. Notice period: 4 months. Cannot be used in the first 12 months.
Ground 2 -- Mortgagee Seeking Possession. The lender is exercising its power of sale. The mortgage must pre-date the tenancy. Notice period: 4 months.
Ground 4A -- Purpose-Built Student Accommodation (New). For non-educational institution student HMOs. Allows landlords to recover possession for new student tenants. Strict timing and eligibility rules apply. Notice period: 2 months during specified periods.
Ground 8 -- Serious Rent Arrears. The tenant has at least 3 months rent arrears both at the date of service of the notice and at the date of the court hearing. Notice period: 4 weeks. Arrears caused by Universal Credit payment delays must be excluded from the calculation. The ground fails if the arrears fall below the threshold before the hearing.
Discretionary Grounds -- The Court Decides Whether Possession Is Reasonable
Ground 10 -- Some Rent Unpaid. Some rent is unpaid at both the date of notice and the hearing. The court considers all circumstances. Notice period: 4 weeks.
Ground 11 -- Persistent Late Payment. The tenant has persistently delayed paying rent, even if no rent is currently outstanding. Requires evidence of a pattern -- bank statements or rent ledger showing repeated late payments. Notice period: 4 weeks.
Ground 12 -- Breach of Tenancy Obligations. The tenant has broken one or more terms of the tenancy agreement other than rent payment. Common examples: unauthorised subletting, keeping a pet in breach of the agreement (note: pet refusals now require reasonable grounds), causing damage. Notice period: 4 weeks.
Ground 13 -- Deterioration of Property. The condition of the property has deteriorated due to waste, neglect, or default by the tenant. Evidence such as inspection reports and photographs is essential. Notice period: 4 weeks.
Ground 14 -- Antisocial Behaviour. The tenant or someone living in or visiting the property has been guilty of conduct causing nuisance or annoyance to neighbours, or has been convicted of a relevant offence. In serious cases no notice period is required. Otherwise: 4 weeks.
Ground 17 -- False Statement to Obtain Tenancy. The tenant or someone acting on their behalf knowingly or recklessly made a false or misleading statement to persuade the landlord to grant the tenancy. Notice period: 2 weeks.
Practical Points for All Grounds
Document everything before and during the tenancy. Keep rent ledgers, inspection reports, correspondence, photographs, and records of any complaints. The shift from Section 21 to Section 8 means you will need to prove your case at a hearing -- evidence that would previously have been irrelevant is now central.
Consider whether mediation or a voluntary agreement is possible before serving notice. Courts expect landlords to have considered alternatives. A landlord who can demonstrate they attempted to resolve the issue before resorting to possession proceedings makes a better impression and may face fewer costs arguments.