Grounds for possession
Grounds for possession are the specific statutory reasons a landlord must cite to seek repossession of a rented property through the courts. They are set out in Schedule 2 of the Housing Act 1988 as substantially rewritten by Schedule 1 of the Renters' Rights Act 2025. Since 1 May 2026, Section 21 no-fault notices are abolished and Section 8, relying on one or more of these grounds, is the only legal route to possession for private landlords in England. The Renters' Rights Act expanded the total number of grounds from 17 to 37, comprising 20 mandatory grounds and 17 discretionary grounds.
Each ground must be cited on a Section 8 notice (Form 3A from 1 May 2026), which sets out the ground relied on, the evidence supporting it, and the notice period being given. If the tenant does not leave when the notice period expires, the landlord must apply to court. A court hearing is now required for every possession claim, the accelerated paper-based route was abolished by the Renters' Rights Act.
Mandatory and discretionary grounds
The distinction between mandatory and discretionary grounds is the most operationally significant in the post-RRA framework.
Mandatory grounds require the court to grant a possession order if the landlord proves the ground applies. The judge has no discretion to refuse, even if the tenant has compelling personal circumstances or welfare needs. Common mandatory grounds include:
Ground 8 (serious rent arrears at the three-month threshold),
Ground 7A (severe antisocial behaviour or criminal conviction),
Ground 1 (landlord or close family member intending to occupy),
Ground 1A (landlord intending to sell), and
Ground 6 (demolition or substantial redevelopment).
Discretionary grounds give the court flexibility. Even where the landlord proves the ground is technically made out, the judge must then decide whether it is reasonable to make a possession order, and may refuse, suspend, or impose conditions on the order. Discretionary grounds include:
Ground 10 (some rent arrears below the mandatory threshold),
Ground 11 (persistent delay in paying rent),
Ground 12 (breach of the tenancy agreement),
Ground 13 (deterioration of the property), and
Ground 14 (nuisance or antisocial behaviour where the mandatory threshold is not met).
The main categories of ground
Landlord's personal circumstances. The most significant post-RRA additions. Ground 1A (mandatory, four months' notice) allows possession where the landlord genuinely intends to sell the property, provided the tenancy has been running for at least 12 months. Ground 1 (mandatory, four months' notice) allows possession where the landlord or a close family member intends to occupy the property as their principal home. Neither of these grounds can be relied on within the first 12 months of a tenancy, the notice can be served but cannot expire until after the 12-month mark.
Rent arrears. Ground 8 (mandatory) applies where the tenant owes at least three months' rent, raised from two months under the Renters' Rights Act, both at the date the Section 8 notice is served and at the date of the court hearing. If arrears fall below three months before the hearing, Ground 8 fails; the landlord may then rely on the discretionary Ground 10 or Ground 11 instead. A UC protection rule means that rent that has not been paid solely because a Universal Credit housing cost payment has not yet been received is excluded from the arrears calculation.
Antisocial behaviour and misconduct. Ground 7A (mandatory) covers cases involving a conviction for a serious criminal or antisocial behaviour offence. Ground 14 (discretionary) covers nuisance and antisocial behaviour below the criminal conviction threshold. Ground 12 (discretionary) covers breach of a significant tenancy obligation, subletting without consent, keeping a pet in breach of the agreement after a refusal, or causing damage.
Property-related grounds. Ground 6 (mandatory, four months' notice) applies where the landlord intends to demolish or substantially redevelop the property and this cannot be carried out with the tenant in occupation. Ground 6B (mandatory) is a new ground introduced by the Renters' Rights Act where possession is required for the landlord to comply with enforcement action, for example, where a local housing authority has taken action that requires vacant possession. Ground 6B appeared in several earlier entries in this dictionary series because of its link to compliance failures.
Prerequisites for any ground
Since 1 May 2026, deposit protection is a prerequisite for possession on almost every ground. The court cannot make a possession order under any Section 8 ground, except Ground 7A (severe antisocial behaviour) and Ground 14 (nuisance), unless the landlord has complied with the deposit protection rules and protected the tenant's deposit in an approved scheme. This is the equivalent of the old Section 21 EPC and deposit-protection prerequisites, applied more broadly across all grounds.
For a full explanation of the notice periods that apply to each category of ground, see the August definition of the notice period. Each ground must be cited on a Section 8 notice, for a full explanation of Form 3A, how to serve it, and what happens if the notice is defective, see the August definition of the Section 8 notice.
August's document management feature stores the evidence landlords need for each ground, including rent statements, tenancy agreements, correspondence, and compliance certificates in one place, retrievable when court proceedings begin.
For a full guide to navigating the Section 8 process, including which grounds apply to which situation and what evidence is required, see the August guide to evictions in 2026. Landlords seeking possession for rent arrears should read the August guide to evicting tenants in arrears and court timelines.
Frequently asked questions
What is the difference between mandatory and discretionary grounds for possession?
A mandatory ground requires the court to grant a possession order if the landlord proves the ground applies, the judge has no discretion to refuse. A discretionary ground allows the court to weigh whether it is reasonable to order possession even where the ground is technically made out, and the court may refuse, suspend, or impose conditions. Mandatory grounds include serious rent arrears (Ground 8 at three months), antisocial behaviour conviction (Ground 7A), landlord intending to sell (Ground 1A), and landlord intending to occupy (Ground 1). Most ongoing-conduct grounds are discretionary.
How many grounds for possession are there under the Renters' Rights Act 2025?
There are 37 grounds in total. 20 mandatory and 17 discretionary. These are set out in Schedule 2 of the Housing Act 1988 as rewritten by Schedule 1 of the Renters' Rights Act 2025. This expanded the previous total of 17 grounds, adding new mandatory grounds for property sale (Ground 1A), student HMO end-of-year repossession (Ground 4A), enforcement action compliance (Ground 6B), and others.
Can a landlord evict a tenant for no reason under the Renters' Rights Act?
No. Section 21 no-fault notices were abolished from 1 May 2026. Every possession claim must cite at least one of the statutory grounds in Schedule 2 of the Housing Act 1988. The landlord-need grounds (sale, occupation) are sometimes described as "no fault" because the tenant has done nothing wrong, but they carry strict prerequisites including a 12-month tenancy minimum, four months' notice, and restrictions on re-letting after possession.
Does deposit protection affect a landlord's ability to use possession grounds?
Yes. Since 1 May 2026, a court cannot make a possession order under any Section 8 ground, with the exception of Grounds 7A and 14 (antisocial behaviour), unless the landlord has protected the tenant's deposit in a government-approved scheme. This means a landlord who has failed to protect the deposit will be unable to recover possession on rent arrears, sale, occupation, or most other grounds until that compliance failure is remedied.
