Which Section 8 Ground Should You Use? A Landlord’s Decision Guide

Section 21 was abolished on 1 May 2026, so every possession claim in England now runs on a ground in Schedule 2 to the Housing Act 1988. This is the decision page: your situation goes in, the ground that fits it comes out, with the notice period, the evidence a judge expects and the restrictions that catch landlords out.

Key takeaways

• Choose the ground from your reason for wanting the property back, not by reading Schedule 2 from the top.
• Mandatory grounds oblige the court to order possession; discretionary grounds leave the judge a reasonableness test and the power to refuse or suspend.
• Notice periods are set by section 8(4AA) in four bands — four months, two months, four weeks, two weeks — and the longest ground in a notice governs the whole notice. Grounds 7A and 14 sit outside the table.
• Ground 8 must be satisfied at the notice date and at the hearing, and any rent unpaid only because a Universal Credit housing payment has not yet reached the tenant is ignored.
• Grounds 1 and 1A are only available once the tenancy has run at least a year by the date in the notice, and using them blocks re-letting or re-marketing until twelve months after that date (sections 16E and 16M).

The short answer: start from your situation, not the ground list

Work backwards. Decide in one sentence why you want the property back, then find the ground that matches that reason, then check whether the ground is mandatory or discretionary and how long the notice has to be. Reading Schedule 2 to the Housing Act 1988 from Ground 1 downwards is how landlords end up on a ground they cannot evidence.

Since 1 May 2026, when the Renters’ Rights Act 2025 (Commencement No.2) Regulations 2026 (SI 2026/421) came into force, there is one route to possession of a residential let in England: a section 8 notice citing a ground in Schedule 2, followed by a County Court claim if the tenant stays. Section 21 was abolished on that date and every existing assured shorthold tenancy became an assured periodic tenancy. You no longer get to decline to give a reason, so the choice of reason is the most consequential decision in the case.

This page takes you from your situation to a ground. The compliance failures that defeat an otherwise perfect notice are a separate and larger problem, covered in the notice section below, and the wider regime is in our Renters’ Rights Act checklist.

Your situation, and the ground that fits it

Find your row. The complete list, with every ground and notice period, follows below.

If you want to move back in or sell

Grounds 1 and 1A are the two that come closest to what section 21 used to do, and they are the two with the most conditions attached. Both are mandatory, both carry four months’ notice, and neither is available unless the tenancy has run at least a year by the date stated in the notice. Ground 1 covers you or a close family member occupying as an only or principal home; Ground 1A covers selling or granting a lease of more than 21 years. Pick the one that is true. Section 16E also makes it a breach to rely on any ground you do not reasonably believe you can make out.

If the rent is unpaid

Plead Grounds 8, 10 and 11 in the same notice. Ground 8 is mandatory but fragile. Grounds 10 and 11 are discretionary and survive a part-payment. All three sit in the four-week band, so pleading them together costs nothing in notice time — which is not true if you add a four-month ground to the same notice.

If there is antisocial behaviour or damage

Ground 14 is the workhorse: conduct causing or likely to cause nuisance or annoyance to people in the locality, or a conviction for illegal or immoral use of the property or for an indictable offence in the locality. It is discretionary and sits outside the notice bands, so proceedings may begin as soon as the notice is served. Ground 7A is mandatory but needs a qualifying trigger, such as a conviction for a serious offence, a court finding that an anti-social behaviour injunction was breached, or a closure order. A 7A notice must also be served promptly: generally within 12 months of the conviction or finding, or within three months of a closure order. Most behaviour cases are Ground 14 cases, won on the quality of the log rather than the strength of the language.

If the tenancy was for a specific purpose

A family of grounds exists for lettings made for a reason: ministers of religion, agricultural workers, employment-linked accommodation, supported and temporary housing, student lets, and the grounds that follow a superior lease ending. Several are open only to registered providers, local authorities or educational institutions. For a typical private landlord, the realistic choices are Grounds 1, 1A, 2, 6, 7, 7A, 7B, 8, 9, 10, 11, 12, 13, 14, 15 and 17, with 4A and 5C in particular situations.

Mandatory or discretionary: the choice that decides your case

This is the distinction landlords understand least and it matters more than the notice period.

On a mandatory ground, if you prove the facts the court must make a possession order. The judge has no power to refuse because the tenant has children, has been there fifteen years, or has nowhere to go. Those facts may affect the date the order takes effect, but not whether it is made.

On a discretionary ground, proving the facts only gets you to the starting line. The court then applies the reasonableness test: is it reasonable, in all the circumstances, to make an order? The judge weighs how the problem arose, what each side did about it, and the effect on the household. A judge who believes every word of your evidence can still refuse possession, or suspend the order on terms.

Two consequences follow. If a mandatory ground fits your facts, use it. And if you are on a discretionary ground, your own behaviour is in evidence: landlords who offered a repayment plan, answered repair reports and wrote things down do better on reasonableness than landlords who did not.

The complete grounds table

Schedule 2 to the Housing Act 1988 was rewritten on 1 May 2026. Grounds were inserted and renumbered, old Ground 3 (out-of-season holiday lets) was repealed, and old Ground 16 became Ground 5C. A checklist drafted before 2026 is wrong in ways no one notices until a judge does.

Notice periods come from the table in section 8(4AA) of the Housing Act 1988. They are the minimum gap between service of the notice and the earliest date you may begin proceedings. They are longer than the periods that applied before the Renters’ Rights Act: Ground 1 moved from two months to four (Ground 1A is new), and Ground 8 from two weeks to four weeks.

Statutory tables can be amended: read section 8 on legislation.gov.uk on the day you serve rather than relying on any article, including this one. Checked 8 November 2026.

Choosing between two grounds that both fit

Three rules of thumb. Prefer a mandatory ground over a discretionary one where both are available on the same facts, because it removes the reasonableness argument entirely. Do not mix notice bands unless you mean to: where a notice relies on more than one ground (and neither 7A nor 14 is among them), the longest applicable period governs the whole notice, so adding Ground 1A to an arrears notice converts four weeks into four months. Plead in the alternative within the same band, which is why 8, 10 and 11 go together and why a behaviour notice often carries 14, 12 and 13.

If both arrears and a sale are in play: a worked example

Imagine a landlord of a single flat in Salford, let on a tenancy that began two years ago. The tenant is four months behind after losing a job, has started paying again, and the landlord has decided to sell. Two routes are open.

1. Serve on Grounds 8, 10 and 11. Notice period four weeks, so the earliest claim is about a month away. Ground 8 is mandatory — but the tenant is paying, and if the balance drops below the threshold by the hearing date it falls away, leaving two discretionary grounds on facts a judge may think are better met by a suspended order than by eviction.
2. Serve on Ground 1A. Notice period four months, so the earliest claim is about three months later than on route one. Ground 1A is mandatory and does not depend on what the tenant does with the arrears meanwhile. Against that: it needs evidence of a genuine intention to sell, and it triggers the re-letting and re-marketing bar described below.

Which is better depends on the objective. If the aim is the money, route one is faster and probably sufficient. If the aim is vacant possession for a sale, route two is slower but far more reliable. Serving both in one notice gives the worst of each: the four-month period applies to all of it, and by the time you can issue, the tenant may have paid the arrears below the Ground 8 threshold.

If the tenant pays off the arrears

Ground 8 goes. Grounds 10 and 11 survive, but the reasonableness test gets much harder — a tenant who has cleared the debt and pays on time is rarely evicted. Decide what you actually want before issuing: a money judgment, a suspended order and a paying tenant is often a better result than an empty flat and a void.

Getting the notice right, step by step

Many possession claims fail at the notice stage, months before anyone sees a judge, and the court’s first question is whether the notice is valid.

1. Use the prescribed form. Section 8(3) requires the prescribed form, which is Form 3A of the assured tenancy forms on GOV.UK. A letter, an email in your own words, or the old Form 3 is not a valid section 8 notice.
2. Name every ground, and particularise it. Under section 8(2) the court cannot make an order on a ground that is not in the notice unless it permits an alteration. Set out the full text of each ground, then the dates, sums and incidents. “Rent arrears” is not particulars; a schedule of rent due, rent paid and running balance is.
3. Calculate the date from the longest band that applies, then add a margin. A date that is even one day too early can make the notice invalid.
4. Diarise the 12-month longstop. The notice must state that proceedings will not begin before a specified date and not later than 12 months from service (section 8(3)(c)). Wait out the anniversary while the tenant promises to pay, and the notice dies.
5. Serve it in a way you can prove. Hand delivery with a dated photograph and a witness, or a certificate of service, beats a posted letter you cannot evidence.
6. Audit compliance before you serve. Deposit protection matters most. Where a deposit was taken, the court can only make a possession order if it is protected in an authorised scheme and the prescribed information was given, unless it has been returned. The only exceptions are orders on Grounds 7A and 14 (Housing Act 2004, section 215).

The evidence to gather before you serve

Assemble the ground-specific documents first, because the notice commits you to them. For arrears, the rent schedule. For a sale, the agency agreement or conveyancer’s file. For your own occupation, something beyond assertion. For behaviour, a dated log with times and what was heard or seen, plus police or council correspondence. For damage, the inventory, the check-in report and dated photographs.

The two twelve-month clocks on Grounds 1 and 1A

There are two separate 12-month periods attached to these grounds, and they are easily confused.

The protected period at the start. Neither ground is available unless the tenancy began at least a year before the date stated in the notice as the earliest date for proceedings. With four months’ notice, that means the earliest a notice can be served is roughly eight months into the tenancy. If you are buying a tenanted property intending to move in or resell, that period is part of your purchase timetable.

The restricted period at the end. Having used Ground 1 or 1A, you cannot then re-let or re-market the property for twelve months. Section 16E of the Housing Act 1988, inserted by the Renters’ Rights Act 2025, prohibits granting a tenancy of 21 years or less, granting a licence to occupy for money, and marketing or authorising anyone else to market the property for letting or occupation during “the restricted period”. The length is not in section 16E itself; it is defined in section 16M(3) to (7).

The timing catches people out. The restricted period starts on the day the notice is served and ends twelve months after the earliest date for possession proceedings stated in the notice. With a four-month notice, that is roughly sixteen months in all. It does not depend on when the order is made or when the tenant actually leaves, and it applies whether or not the tenancy continues. Where a claim was filed without such a notice, it runs for twelve months from the date the claim was filed. Exceptions are in section 16F, and breaches can lead to a financial penalty or, in some cases, prosecution.

The practical reading: if you tell a court you are selling, you have to sell. A landlord who gets possession on Ground 1A and has the property back on the rental market two months later has built an enforcement file against themselves, and the advert is the evidence. If the sale falls through, take advice on the section 16F exceptions before re-marketing, not afterwards.

What goes wrong when landlords choose badly

• Choosing a discretionary ground when a mandatory one fits. Pleading Ground 10 alone on facts that would support Ground 8 hands the judge a discretion they did not need to have.
• Mixing bands by accident. Adding one four-month ground to a four-week notice is the single most expensive drafting error on this topic, and it is invisible until someone counts.
• Relying on Ground 8 alone. A part-payment the week before the hearing ends the claim. Always plead 10 and 11 alongside it.
• Treating the arrears figure as fixed. The schedule has to run to the hearing date. A figure that stops three months ago invites an adjournment.
• Serving Ground 1 or 1A too early, before the tenancy will have run a year by the date in the notice, or confusing that rule with the section 16E restricted period.
• Using a pre-2026 template. Old Ground 3 no longer exists, Ground 16 has moved, and every notice period in a pre-2026 precedent is too short.

Said plainly for tenants reading this: most of these are defences. If the notice is on the wrong form, cites a ground that was not particularised, gives short notice, is out of time, or relies on Ground 8 where the arrears include unpaid Universal Credit housing costs, those are points to raise. Shelter and Citizens Advice both give free advice, and free legal advice is usually available at court on the day of a possession hearing.

What to do next

1. Write down why you want the property back, in one sentence, before you open Schedule 2.
2. Match the reason to a ground using the routing table, then check the complete table for the notice period and whether it is mandatory.
3. Check the restrictions: the one-year rule on Grounds 1 and 1A, the timing window on Ground 4A, and whether the ground is open to a private landlord at all.
4. Gather the ground-specific evidence first. If you cannot evidence it today, choose a different ground or wait.
5. Audit your paperwork, starting with deposit protection and the prescribed information, then your safety certificates and the rest of the tenancy file.
6. Complete the current Form 3A, particularise every ground, count the notice period from the longest band, and serve it provably.
7. Diarise two dates: the earliest date you may issue, and the 12-month longstop.
8. Take advice before serving if the case is contested, the arrears are substantial, or there is any compliance gap. Our landlord and tenant solicitors review notices before service, and our published fees set out what that involves. For business premises, different rules apply entirely and our commercial lease solicitors deal with those.

One closing point, said as much for tenants as for landlords. The system that replaced section 21 was not built to stop landlords recovering their property. It was built to make them say why. If the reason is genuine and the paperwork is straight, the grounds are there.

Frequently asked questions

Which Section 8 ground should I use?

Start from your reason, not the list. Moving in or housing family is Ground 1; selling is Ground 1A; serious arrears is Ground 8 with 10 and 11 in the alternative; behaviour is Ground 14, or 7A where there is a qualifying conviction or order. Then check whether the ground is mandatory, how long the notice must be, and whether you can evidence it on paper today.

What is the difference between mandatory and discretionary grounds?

On a mandatory ground the court must order possession once you prove the facts, whatever the tenant’s circumstances. On a discretionary ground the court asks whether it is reasonable to order possession, weighing how the problem arose, what each side did about it and the effect on the household. A judge may accept all your evidence and still refuse, or suspend the order on terms.

How much rent arrears before I can evict?

For the mandatory Ground 8, at least three months’ rent must be unpaid if rent is paid monthly, or 13 weeks’ rent if it is paid weekly or fortnightly. The Renters’ Rights Act 2025 raised these figures. The threshold must be met both when the notice is served and at the hearing. Ground 10 needs only some rent lawfully due and unpaid, but it is discretionary.

Can I evict a tenant to sell the property?

Yes, on Ground 1A, which is mandatory and carries four months’ notice. Three conditions bite: the tenancy must have run at least a year by the date stated in the notice, you need evidence of a genuine intention to sell or grant a lease of more than 21 years, and once you have used it you cannot re-let or re-market the property until twelve months after that date under section 16E.

How long is a Section 8 notice period?

It depends entirely on the ground. The section 8(4AA) table sets four bands: four months, two months, four weeks and two weeks. Grounds 7A and 14 sit outside them and allow proceedings to begin as soon as the notice is served. Otherwise, where a notice cites several grounds, the longest applicable period governs the whole notice.

Can I use more than one ground?

Yes, and on arrears you usually should: Grounds 8, 10 and 11 together, because they share the same four-week band. The warning is about mixing bands. Adding a four-month ground such as 1A to a four-week arrears notice makes the entire notice a four-month notice. Plead in the alternative within a band, and think hard before crossing one.

What happens if the tenant pays off the arrears?

The mandatory Ground 8 falls away, because the threshold has to be met at the hearing as well as at service. Grounds 10 and 11 survive a part-payment, but they are discretionary, and a tenant who has cleared the debt and is paying on time is rarely evicted. A suspended order plus a money judgment is the common and often sensible outcome.

Can a judge refuse possession on a mandatory ground?

Not on the merits. If the facts are proved and the notice is valid, the order must be made. What a judge can do is postpone the date it takes effect, and can refuse the claim altogether if the notice is defective, the ground was not properly particularised, the notice period was short, or the deposit was not protected and the prescribed information not given.

What is the restricted period after using Ground 1 or 1A?

It starts when the notice is served and ends twelve months after the earliest date for proceedings stated in the notice. During it you cannot re-let the property, grant a licence to occupy it for money, or market it for letting. The prohibition is in section 16E of the Housing Act 1988 and the twelve-month duration in section 16M(3) to (7). Exceptions are in section 16F.

Sources

1. Housing Act 1988, s.8 (notice of proceedings and the s.8(4AA) periods)
2. Housing Act 1988, Schedule 2 (grounds for possession)
3. Housing Act 1988, s.16E (restriction on re-letting and re-marketing)
4. Housing Act 1988, s.16M (definition of the restricted period)
5. Housing Act 2004, s.215 (deposit protection and possession orders)
6. The Renters’ Rights Act 2025 (Commencement No.2) Regulations 2026 (SI 2026/421)
7. GOV.UK — Implementing the Renters’ Rights Act 2025: our roadmap
8. GOV.UK — Evicting tenants in England
9. GOV.UK — Assured tenancy forms (Form 3A)

Please note: This article is general information about the law in England as at 8 November 2026. It does not cover Wales, where different rules apply. It is not legal advice and does not create a solicitor-client relationship. Speak to a solicitor before making a decision. Prime Legal Solicitors is authorised and regulated by the Solicitors Regulation Authority, SRA No. 834471.