How much rent arrears do I need for Ground 8?

At least 3 months' rent where rent is paid monthly, or 13 weeks' rent where it is paid weekly or fortnightly. The arrears must be at that level both when you serve notice and at the court hearing, and arrears caused only by a delay in Universal Credit payments do not count.

Can I evict a tenant because I want to sell?

Yes, using Ground 1A, but not during the first 12 months of the tenancy. You must give 4 months' notice, and you cannot let or market the property to rent until 12 months after the notice ends. Misuse can lead to penalties of up to £40,000.

How long is a Section 8 notice valid?

You have 12 months from the date you serve the notice to start court proceedings. After that you would need to serve a new notice.

What is the difference between mandatory and discretionary grounds?

If a mandatory ground is proved, the court must grant possession. For a discretionary ground, the court decides whether possession is reasonable in all the circumstances and can adjourn or suspend the order instead.

Section 8 Notice Grounds After the Renters' Rights Act (2026 Guide)

Q: What is a Section 8 notice?

It is the formal notice a landlord in England serves to start ending an assured tenancy, relying on one or more legal grounds for possession. Since Section 21 was abolished on 1 May 2026 it is the only route, and it must be given on the prescribed Form 3A.

4 August 2026 · AgentCheck Editorial · 7 min read

Part of our UK Landlord Legal Guide

A Section 8 notice is how a landlord in England starts to end an assured tenancy. Since Section 21 was abolished on 1 May 2026 it is the only route. The notice is served on Form 3A and must rely on one or more legal "grounds" in Schedule 2 of the Housing Act 1988. Mandatory grounds oblige the court to grant possession if proved; discretionary grounds leave it to the court.

The Renters' Rights Act 2025 rewrote the possession rules. It removed no-fault eviction, added new grounds for landlords who want to sell or move in, raised the arrears threshold for the main rent ground and changed most notice periods. This guide sets out the grounds private landlords actually use, how long each notice must be, and how a claim runs from notice to court.

What is a Section 8 notice?

It is the formal notice that tells a tenant you intend to seek possession and on which grounds. It does not end the tenancy on its own. If the tenant has not left when the notice period ends, you apply to the county court, which decides whether to make a possession order. Only a court-appointed enforcement officer can then remove a tenant who still does not leave.

From 1 May 2026 the notice must be on the prescribed Form 3A. You have 12 months from serving it to start court proceedings.

Wooden gavel and block on marble — Photo: Unsplash

Mandatory and discretionary grounds

If you prove a mandatory ground, the court must make a possession order. With a discretionary ground, the court also has to be satisfied that possession is reasonable, and it can adjourn the case or suspend the order on conditions, such as the tenant paying off arrears. Many landlords rely on a mandatory ground and one or two discretionary grounds together, so a claim still has a basis if the facts change before the hearing.

The grounds private landlords use most

Ground	When it applies	Type	Notice
1	You or a close family member will live in the property	Mandatory	4 months
1A	You intend to sell the property	Mandatory	4 months
2	Your mortgage lender needs possession to sell	Mandatory	4 months
6	Demolition or substantial redevelopment	Mandatory	4 months
7A	Serious criminal conviction or breach of an anti-social behaviour order	Mandatory	No minimum period
8	At least 3 months' rent arrears (13 weeks if paid weekly or fortnightly), at notice and at the hearing	Mandatory	4 weeks
10	Some rent is unpaid	Discretionary	4 weeks
11	Persistent late payment	Discretionary	4 weeks
12	Breach of a tenancy term other than rent	Discretionary	2 weeks
13 and 15	The property or furniture has deteriorated because of the tenant	Discretionary	2 weeks
14	Anti-social behaviour or a serious offence in or near the property	Discretionary	No minimum period
17	The tenant obtained the tenancy with a false statement	Discretionary	2 weeks

There are further grounds for student lets, employment-linked housing, supported accommodation and social landlords. The Government's grounds for possession guidance lists them all.

Statue of justice, gavel, and open book on table — Photo: Unsplash

The rent arrears grounds: 8, 10 and 11

Ground 8 is mandatory. The threshold rose to at least 3 months' rent (13 weeks for weekly or fortnightly rent), and the notice period rose to 4 weeks. The arrears must be at that level on the day you serve notice and on the day of the hearing, so if the tenant pays enough to drop below it, Ground 8 falls away. Arrears that exist only because a Universal Credit payment has not yet arrived do not count towards the threshold.

Ground 10 covers any unpaid rent and Ground 11 covers persistent late payment, even if the arrears are later cleared. Both are discretionary, with 4 weeks' notice. Citing Grounds 8, 10 and 11 together is common, so the court has options if the balance changes.

Selling or moving in: Grounds 1A and 1

These replaced much of what landlords used Section 21 for. Both are mandatory and need 4 months' notice, but they come with conditions:

They cannot be used during the first 12 months of the tenancy.
Your intention must be genuine: to sell on the open market, or for you or a close family member to live there.
From the day you serve notice until 12 months after the notice ends, you cannot let the property or market it to rent.
Misusing the grounds or re-letting too soon can lead to civil penalties of up to £40,000 and rent repayment orders of up to two years' rent.

Anti-social behaviour: Grounds 7A and 14

For serious anti-social or criminal behaviour there is no minimum notice period, so you can start proceedings as soon as notice has been served. Ground 7A is mandatory where there is a qualifying conviction or court order. Ground 14 is discretionary and depends on evidence such as incident logs, witness statements and police or council reports.

The Section 8 process step by step

Choose the right grounds and gather the evidence: rent statements, correspondence, sale instructions or conduct records.
Check your compliance. Deposit protection, gas and electrical safety, a valid EPC and the tenancy paperwork should all be in order before you serve.
Complete Form 3A, naming each ground and explaining the facts, and give at least the longest notice period any of your grounds requires.
Serve it properly and keep proof of how and when.
Wait for the notice to expire. If the tenant stays, issue a possession claim at the county court within 12 months of serving the notice.
Attend the hearing. For Ground 8, bring an up-to-date rent statement showing the arrears on the day.
Enforce the order through the court if the tenant does not leave by the date set.

Common mistakes that get claims dismissed

Using an old version of the form instead of Form 3A, giving too short a notice period, serving on Ground 1 or 1A in the first 12 months, relying on Ground 8 without checking the arrears at the hearing date, counting Universal Credit delays towards the threshold, and failing to keep proof of service. One defect can mean starting again months later, so many landlords instruct a solicitor or a letting agent for anything other than a simple case.

This guide covers private assured tenancies in England and is general information, not legal advice. Last reviewed September 2026.

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