How possession grounds under Section 8 are changing: part two

The government is then expanding and strengthening Section 8 to rebalance the interests of private landlords and tenants in England. 

Now let’s look at some of the new grounds available to landlords. Section 8 grounds have always allowed landlords to seek possession in certain circumstances. The Renters’ Rights Act (RRA) expands these by introducing additional grounds while also strengthening several existing grounds. 

Ground 1: to move in

This important new ground allows landlords to recover possession if they or close family members want to move in.

The landlord must:

• Wait until the tenant has lived there for at least 12 months
• Give at least four months’ notice

The ground is mandatory, so the court must grant possession if the requirements are satisfied. You’ll need to show the judge that you or your family members genuinely plan to move into the property.

Ground 1A: to sell up

Under this ground, landlords can recover possession if they plan to sell the property.

The landlord must:

• Wait until the tenant has lived there for at least 12 months
• Give at least four months’ notice
• Make sure not to re-let the property for at least 12 months after serving the Section 8 notice

Again, it’s mandatory. Note: you can’t use this ground if someone has an assured tenancy created before the 1st of May 2026 that was a ‘lifetime tenancy’. 

The following existing grounds have been strengthened:

Ground 6: redevelopment

Want to redevelop the property? If your tenant is unable to live there while this happens, you can use Ground 6 to take possession. You can also use this ground to demolish the building.

Landlords must:

• Wait until six months of the tenancy have passed (although the exact requirements can vary)
• Give four months’ notice

Grounds for anti-social behaviour

The RRA helps landlords act swiftly to tackle anti-social behaviour by their tenants. There are two grounds they can use:

Ground 7A for serious anti-social behaviour

This mandatory ground allows you to begin legal proceedings immediately after serving notice.

Ground 14 for less serious anti-social behaviour

This ground is discretionary, meaning the court must decide if it’s reasonable to grant a possession order. They might, for example, consider whether the tenant has cooperated with your requests and also the effects of the behaviour on other tenants in an HMO. Again, you can begin legal proceedings immediately after serving notice.

Ground 8: rent arrears

Should a tenant fall behind on their rent, landlords need Ground 8.

The landlord must:

• Wait until the tenant hasn’t paid their rent for three months (this has increased from two months)
• Give four weeks’ notice (this has increased from two weeks)

Note: this ground can’t be used if the arrears are due to the late payment of Universal Credit, so long as the tenant was entitled to receive it. 

The paperwork

If you plan to seek possession of your property, you’ll need to fill out a new form called a Form 3A. The government will make this available on their website before the 1st of May.

It’s worth taking your time with this form. If you end up going to court, you may rely on your correct and full completion of the paperwork.  

Final thoughts

You can find the full list of Section 8 grounds – and the notice you need to give – on this government page. After identifying the right ground and making sure you’ve followed the rules, your next step is to start possession proceedings.  

Given this increased reliance on a formal court system, landlords are advised to keep any relevant paperwork and records in case they need them later.  We also recommend that landlords seek legal advice from an expert if they have any questions or concerns about the upcoming changes.