Evictions & Possession
Grounds for possession under the Renters’ Rights Act in 2026
The Renters’ Rights Act 2026 has reshaped the legal landscape for UK landlords more comprehensively than any legislation in a generation. At the heart of these changes is the overhaul of grounds for possession - the legal reasons a property owner can use to reclaim a rental property from a sitting tenant. With Section 21 “no-fault” evictions abolished, understanding the revised Section 8 grounds is no longer optional. It is fundamental to managing a rental property lawfully.
This article sets out every ground for possession available under the new legislation, distinguishes between mandatory and discretionary grounds, and explains what landlords need to do to make a successful possession claim.
What has changed under the Renters’ Rights Act 2026
The most significant change is the abolition of Section 21 notices. Previously, these allowed buy-to-let landlords to recover possession at the end of a fixed-term tenancy without giving any reason, provided the correct procedures were followed. That option is gone.
In its place, the Act has expanded and clarified the grounds available under Section 8 of the Housing Act 1988, as amended. All tenancies are now periodic from the outset, meaning rental owners must rely on a valid ground for possession every time they need to bring a tenancy to an end.
Several new grounds have been introduced, existing grounds have been strengthened, and notice periods have been amended. Understanding which ground applies to your situation - and whether it is mandatory or discretionary - is critical before you serve any notice.
A helpful starting point is to understand the distinction between a Section 8 notice and the court process that follows it. Serving notice is the first step, but it does not automatically end the tenancy.
Mandatory grounds for possession
When a mandatory ground is established to the court’s satisfaction, the judge must grant a possession order. There is no discretion.
Ground 1 - Landlord intends to sell
This is one of the most significant new mandatory grounds. A landlord can use Ground 1 if they genuinely intend to sell the property. The notice period under this ground is four months, and the property must not be re-let within a specified period following possession - currently 12 months - unless the landlord can demonstrate a change in circumstances.
This ground is designed to give property owners a genuine route out of the sector while preventing abuse through short-term re-letting.
Ground 1A - Landlord or family member intends to occupy
Where a landlord or a close family member intends to move into the property as their primary residence, possession can be sought under Ground 1A. The notice period is four months.
The definition of “family member” is broadly drawn, covering spouses, civil partners, children, parents, and siblings. Landlords should retain evidence that the intention is genuine, as tenants who believe this ground is being used dishonestly can seek compensation.
Grounds 8 and 8A - Rent arrears
The Act retains rent arrears as a mandatory ground, though the threshold and application have been adjusted:
Ground 8 - Applies where the tenant has at least two months’ rent outstanding (for monthly tenancies) at both the date of service of the notice and the date of the court hearing. If the arrears fall below the threshold before the hearing, the court cannot grant possession on this ground.
Ground 8A - A new ground introduced by the Act. This applies where a tenant has been at least two months in arrears on at least three separate occasions within the previous three years, even if the arrears have since been cleared. This targets persistent non-payment rather than requiring current arrears at the hearing date.
Keeping clear, date-stamped rent records is essential for using these grounds successfully.
Ground 7A - Anti-social behaviour and serious criminality
Where a tenant, a member of their household, or a visitor to the property has been convicted of a serious offence, received a criminal behaviour order, or has been found to have caused serious nuisance, Ground 7A applies and the court must grant possession if satisfied.
The relevant offences and behaviours are set out in the legislation and include drug offences, violence, and conduct causing significant harm to neighbours. The notice period under this ground is immediate in the most serious cases, or very short in others.
Ground 7B - Domestic abuse perpetrator
A new ground introduced by the Act allows possession where a tenant is a domestic abuse perpetrator and the victim has been forced to leave the property. This reflects a broader commitment to tackling domestic abuse in the private rented sector and gives landlords a clear mechanism to act.
Ground 17 - Tenancy obtained by false statement
Where a tenant or someone acting on their behalf made a material false statement to induce the landlord to grant the tenancy, Ground 17 is available. This remains a mandatory ground under the Act and can be particularly relevant where fraudulent references or income documentation were provided.
Discretionary grounds for possession
Where a discretionary ground applies, the court will only grant possession if it considers it reasonable to do so. Judges weigh all the circumstances, so these grounds carry more uncertainty than mandatory grounds and require stronger evidence of the background context.
Ground 10 - Rent arrears below the mandatory threshold
Where a tenant is in arrears but below the level required for Ground 8, a buy-to-let landlord may still apply using Ground 10. The court will consider the level of arrears, the tenant’s payment history, and any extenuating circumstances before deciding whether to grant possession.
Ground 11 - Persistent delay in paying rent
Even where there are no current arrears, a pattern of persistent late payment can support a possession claim under Ground 11. The landlord will need to demonstrate an established pattern, not a single isolated incident. Clear, timestamped rent payment records are vital here.
Ground 12 - Breach of tenancy agreement
If a tenant has breached a term of the tenancy agreement other than rent payment, Ground 12 may apply. Examples include unauthorised sub-letting, keeping pets in breach of the agreement, or failing to maintain the garden as required by the tenancy terms.
The breach must generally still be continuing at the date of the court hearing, so it is important to act promptly once a breach is identified.
Ground 13 - Deterioration of the property
Where the condition of the property has deteriorated due to the tenant’s neglect or the behaviour of someone living with them, Ground 13 is available. A thorough check-in report and regular inspection records are the best evidence for establishing the baseline condition and the subsequent decline.
Ground 14 - Nuisance or annoyance to neighbours
Ground 14 covers behaviour that is causing a nuisance or annoyance to adjoining or neighbouring occupiers. Unlike Ground 7A, this does not require criminal conviction - the behaviour itself, if proven, can justify possession. Courts will consider the severity and frequency of incidents when deciding whether it is reasonable to make a possession order.
Ground 16 - Employment-related accommodation
Where the tenancy was granted because of the tenant’s employment with the landlord and that employment has ended, Ground 16 applies. This is most commonly used for tied cottages or accommodation provided alongside a job role.
Notice periods under the new Act
Notice periods have changed significantly under the Act. As a general guide:
Grounds related to selling or owner occupation (Ground 1 and 1A) - four months’ notice
Rent arrears at the mandatory threshold (Ground 8) - two weeks’ notice
Anti-social behaviour and serious criminality (Ground 7A) - no minimum notice in the most serious cases
Ground 8A (persistent arrears) - four weeks’ notice
Most discretionary grounds - two months’ notice
Landlords should check the specific notice period for each ground before serving a notice, as errors in notice periods are one of the most common reasons possession claims fail at the court stage.
What happens after serving notice
Serving a valid Section 8 notice starts the clock running but does not end the tenancy. If the tenant does not vacate by the expiry of the notice, the landlord must apply to the court for a possession order. Only once a possession order is granted and enforced by court bailiffs does the property owner have the legal right to re-enter the property.
Attempting to evict a tenant without following this process constitutes illegal eviction, which carries serious legal and financial consequences including unlimited fines and claims for damages. The process can take several months from notice to enforcement, so beginning with the right ground - and with the correct paperwork - makes a substantial difference to the outcome.
Portfolio landlords managing multiple properties should keep a consistent record-keeping system across their portfolio. Documenting rent payments, inspection visits, written warnings, and any communication with tenants about breaches will form the evidential backbone of any future possession claim.
Key takeaways
The Renters’ Rights Act in 2026 has fundamentally changed the possession process for UK private rental landlords. The key points to keep in mind are:
Section 21 is abolished. Every possession claim must now be grounded in a specific Schedule 2 ground under Section 8.
Distinguish between mandatory and discretionary grounds before you serve notice. Mandatory grounds give greater certainty. Discretionary grounds require the court to agree it is reasonable.
Notice periods vary by ground. Always check the specific requirement before serving, as procedural errors can derail an otherwise valid claim.
Keep meticulous records. Rent payment history, inspection reports, and written correspondence will all be scrutinised if a claim is contested.
Seek legal advice early, particularly if you anticipate a contested hearing or are using one of the newer grounds introduced by the Act for the first time.
Understanding and correctly applying these grounds is the foundation of responsible, legally compliant property management under the new legislative framework.
Disclosure: This article is for informational purposes only and does not constitute legal advice. Landlords dealing with possession proceedings should seek independent legal advice appropriate to their specific circumstances.
Author
August Team
The August editorial team lives and breathes rental property. They work closely with a panel of experienced landlords and industry partners across the UK, turning real-world portfolio and tenancy experience into clear, practical guidance for small landlords.
