Section 8 Explained: The Landlord’s Complete Guide to Repossession Grounds and the New Rules

If you’re a landlord in England, you’ve probably heard the term Section 8 thrown around when it comes to evicting tenants. But what exactly is it, how does it work, and what are the 17 legal grounds for possession?

With the Renters’ Rights Bill set to scrap Section 21 “no-fault” evictions, Section 8 will soon become your main legal route to regain your property. So, understanding it now could save you a lot of stress (and money) later.

In this guide, we’ll walk you through:

• What Section 8 is and how it works
• The difference between mandatory and discretionary grounds
• All 17 grounds for possession explained in plain English
• The notice periods you need to give
• And how the upcoming rental reforms will change the game

What Is Section 8?

Section 8 is part of the UK Housing Act 1988. It gives landlords the legal right to end a tenancy early if a tenant has broken the tenancy agreement but only if certain legal “grounds for possession” apply.

Here’s the key difference between Section 8 and Section 21:

• Section 21 = “No fault” eviction (being abolished soon)
• Section 8 = You must have a legal reason (a “ground”) and evidence to prove it in court

You start the process by serving a Section 8 notice using Form 3. In it, you list:

• The exact grounds you’re relying on (from Schedule 2 of the Housing Act 1988)
• How much notice you’re giving
• The date the notice ends
• And your intention to seek possession in court if the tenant doesn’t leave

If the tenant stays past the notice date, you’ll need to apply to court for a possession order.

Mandatory vs. Discretionary Grounds

There are 17 possible grounds for possession under Section 8. These are split into two types:

• Mandatory grounds – if you can prove the ground applies, the court must give you possession
• Discretionary grounds – the court will only grant possession if it thinks it’s reasonable in the circumstances

Knowing which type applies to your case is crucial as mandatory grounds are more certain, but you must meet strict criteria.

The 17 Grounds for Possession – Explained

Mandatory Grounds (Courts Must Grant Possession)

1. Landlord or family moving in – You or a close family member lived in the property before and now need it back as your main home. (Requires advance written notice before tenancy started.)
2. Mortgage repossession – Your mortgage lender has the legal right to repossess because of a mortgage taken out before the tenancy began.
3. Holiday let – The property was used for holiday accommodation before and will be again. Applies to short tenancies (max 8 months).
4. Student accommodation – The property was previously let to students and is needed for the next academic year.
5. Minister of religion – The property is required for a minister of religion to live in, to carry out their duties.
6. Redevelopment – You need to carry out major works that can’t reasonably be done with the tenant in place.
7. Death of tenant – The tenancy has passed on after the tenant’s death, and possession proceedings start within 12 months.
8. Antisocial behaviour (7A) – Tenant has been convicted of certain serious offences or breached antisocial behaviour orders.
9. No right to rent (7B) – The tenant is disqualified from renting under immigration law.
10. Serious rent arrears (Ground 8) – The tenant owes at least 2 months’ rent (or 8 weeks for weekly rent) both when the notice is served and at the court hearing.

Discretionary Grounds (Court Decides Based on Reasonableness)

1. Alternative accommodation – You’ve arranged suitable alternative housing and will pay the tenant’s moving costs.
2. Some rent arrears – The tenant owes rent on the day of notice and at the hearing (but less than the Ground 8 threshold).
3. Persistent late rent – Rent is often paid late, even if nothing is owed on the hearing day.
4. Breach of tenancy agreement – The tenant has broken a term of the tenancy (e.g., unauthorised pets, subletting).
5. Damage to the property – Neglect or poor care by the tenant has caused deterioration.
6. Nuisance or illegal use – The tenant or visitors have caused nuisance, harassment, or used the property for illegal activities.
7. Domestic abuse (14A) – Applies in certain social housing cases where one partner has left due to violence.
8. Damage to furniture – Furnishings have been damaged or poorly treated.
9. Employment-linked tenancy ends – The tenancy was tied to the tenant’s job, which has now ended.
10. False statement – The tenancy was obtained through a false or misleading statement.

Notice Periods You Need to Give

The length of notice depends on the ground(s) you use:

• Most rent arrears or breach grounds – 2 weeks
• Moving in, mortgage repossession, redevelopment, alternative accommodation – 2 months
• Domestic abuse (14A) – Immediate court application allowed
• Antisocial behaviour (7A) – 4 weeks (or 1 month) depending on tenancy type

If you use multiple grounds, the longest notice period applies.

What Happens After the Notice Is Served?

1. Serve Form 3 correctly (by hand, recorded delivery, or another valid method).
2. Keep proof of service (signed receipt, certificate, or witness statement).
3. If the tenant stays, apply to court for a possession order.
4. If it’s a mandatory ground and you have evidence, the court must grant possession.
5. For discretionary grounds, the court weighs up fairness before deciding.

The Renters’ Rights Bill – Big Changes Ahead

The Renters’ Rights Bill will:

• Abolish Section 21 completely — landlords must use Section 8 for all evictions.
• Extend notice periods — up to 3 months for rent arrears, 4 months for moving back in or selling.
• Ban fixed terms — all tenancies will be rolling periodic.
• Create a landlord database and introduce a private renters’ ombudsman.

What this means for you:

Section 8 will be your only route to regain possession when the Renters Rights Bill comes into effect, so knowing the grounds, the notice periods, and how to gather evidence will become absolutely essential.

Final Tips for Landlords

• Always quote the exact legal wording for the grounds you use.
• Gather solid evidence — payment records, inspection photos, neighbour statements.
• Be prepared for court delays as Section 8 becomes more widely used.
• If in doubt, get professional guidance — mistakes can cost months of lost rent.

Bottom line: Section 8 is about to become the backbone of landlord possession claims. If you know the rules, understand the grounds, and follow the process carefully, you’ll protect your property investment even in a changing legal landscape.