Grounds for possession
Grounds for possession are the statutory reasons a landlord must prove to obtain a possession order against an assured tenant in England, set out in Schedule 2 to the Housing Act 1988 as rewritten by Schedule 1 to the Renters' Rights Act 2025. Since 1 May 2026, when Section 21 no-fault notices were abolished, citing one or more of these grounds on a Section 8 notice is the only route to possession for a private landlord. The government's grounds for possession guidance for landlords and letting agents lists every ground with its notice period.
The Act rewrote the schedule from 17 grounds to 37, of which 26 are mandatory and 11 discretionary. Each must be cited on a Section 8 notice on Form 3A, and if the tenant does not leave when the notice expires the landlord applies to court; every claim now goes to a hearing, because the Act abolished the accelerated paper procedure. The full list of grounds for possession, with the notice period, protected period and evidence for each, is in our guide.
Mandatory and discretionary grounds
A mandatory ground obliges the court to make a possession order once the landlord proves the facts; the judge cannot weigh the tenant's circumstances. A discretionary ground requires the landlord to prove the facts and the court to find that possession is reasonable, and the court can refuse, suspend the order or attach conditions. The distinction decides strategy: a landlord with a mandatory ground pleads it first and a discretionary ground as the fallback.
The main grounds by purpose
Landlord needs. Ground 1 (occupation by the landlord or a close family member) and Ground 1A (sale) are mandatory, require four months' notice, and cannot take effect within the first 12 months of the tenancy. After possession on either ground the property cannot be re-let for 12 months. Ground 1A is not available against an assured tenancy granted before 1 May 2026 that was not a shorthold.
Rent arrears. Ground 8 is mandatory where the tenant owes at least three months' rent, or 13 weeks' rent if paid weekly or fortnightly, both when the notice is served and at the hearing, with four weeks' notice. Arrears attributable solely to a delayed Universal Credit housing payment are excluded. Grounds 10 (any arrears) and 11 (persistent late payment) are discretionary and are usually pleaded alongside Ground 8. Landlords using August consistently tell us that the arrears figure the court accepts is the one on the dated rent ledger, not the one in the notice.
Conduct. Ground 7A is mandatory where the tenant has been convicted of a serious offence, breached an injunction or closure order, or otherwise met one of its five statutory conditions; the court cannot order possession until 14 days after service. Ground 14 (nuisance and antisocial behaviour) and Ground 12 (breach of the tenancy, including damage, subletting or a pet kept after a lawful refusal) are discretionary. Ground 13 covers deterioration of the property.
Property. Ground 6 (demolition or substantial redevelopment) is mandatory with four months' notice. Ground 6B, new under the Act, applies where possession is needed to comply with enforcement action. Ground 4A, also new, allows possession of a student HMO between June and September so it can be re-let for the next academic year.
Notice periods
Ground | Notice |
|---|---|
1 and 1A (occupation, sale) | 4 months, not before month 12 |
6 (redevelopment) | 4 months |
8, 10, 11 (arrears) | 4 weeks |
7A (serious conduct) | Court application immediately; no order within 14 days |
12, 13, 14 (breach, deterioration, nuisance) | 2 weeks, or immediately for Ground 14 |
4A (student HMO) | 4 months |
The tenancy reforms these grounds sit inside are in part one of the Renters' Rights hub.
Conditions before any ground
The court cannot make a possession order on any ground except Grounds 7A and 14 unless the tenant's deposit is protected in an approved scheme and the prescribed information served. From late 2026 the landlord must also be registered on the private rented sector database to serve a valid notice. From working with self-managing landlords across the UK since the Act commenced, the claims that fail do so on these conditions far more often than on the ground itself; a deposit protected late is the commonest cause. The evidence for every ground, from the rent ledger to the deposit certificate, lives against the tenancy in August's document management, which is what the court will ask to see.
Frequently asked questions
What are the mandatory grounds for possession?
The 26 mandatory grounds include occupation (Ground 1), sale (1A), student HMO (4A), redevelopment (6), enforcement (6B), serious conduct (7A) and three months' arrears (8). If the landlord proves the ground, the court must order possession.
What are the Section 8 grounds for possession?
All 37 grounds in Schedule 2 to the Housing Act 1988 as amended are Section 8 grounds, because Section 8 is the notice that cites them. The full list with notice periods is in our grounds for possession guide.
How much does a possession order cost?
The county court fee for a possession claim is £415 (raised from £404 on 13 July 2026), plus £148 for a warrant of possession if bailiffs are needed, before any legal fees. For rent arrears claims, evicting tenants in arrears sets out the timeline and costs, and the order itself is defined under possession order.
What qualifies under Ground 7A?
A conviction for a serious offence committed in or near the property or against the landlord or a neighbour, breach of an injunction or criminal behaviour order, a closure order, or a conviction for noise nuisance offences. It is the only mandatory conduct ground and the only ground on which a court application can follow service immediately.
Last reviewed: September 2026.
