Statutory grounds

Statutory grounds are the specific legal reasons set out in Schedule 2 of the Housing Act 1988, as amended by the Renters' Rights Act 2025, on which a landlord may apply to the court for possession of a property let on an assured tenancy in England. Since the abolition of Section 21 "no-fault" evictions from 1 May 2026, statutory grounds are now the only route by which a private landlord can end a tenancy without the tenant's agreement.

For the broader context of how possession grounds work and how the framework has changed, see grounds for possession. This entry focuses on the legal mechanics. The mandatory and discretionary distinction, the key grounds in force from 1 May 2026, notice period requirements, and the compliance preconditions that must be satisfied before any ground can be successfully relied on.

Mandatory and discretionary grounds

The statutory grounds divide into two categories, which determine the court's role in the hearing.

Mandatory grounds (Grounds 1–8A) require the court to grant a possession order if the landlord proves the ground is made out. The judge has no discretion to refuse on the grounds of reasonableness or the tenant's personal circumstances once a mandatory ground is established. The consequence of this is that the landlord's evidence must be sufficient and the procedural requirements exact, a technical error in the notice or a failure to meet the compliance preconditions can defeat an otherwise valid claim.

Discretionary grounds (Grounds 9–18) allow the court to grant possession only if satisfied both that the ground is proved and that it is reasonable in all the circumstances to make the order. The judge may refuse, adjourn, or suspend the order even where the ground is technically made out. Courts will consider the severity of the breach, the tenant's personal circumstances, and whether the landlord has acted proportionately.

Most possession claims rely on multiple grounds simultaneously, for example, serving Grounds 8, 10 and 11 together in a rent arrears claim, so that if the tenant reduces arrears below the mandatory Ground 8 threshold before the hearing, the discretionary grounds remain available.

Key grounds from 1 May 2026

The Renters' Rights Act 2025 amended Schedule 2 of the Housing Act 1988 significantly. The most frequently used grounds for self-managing landlords are:

Ground 1 (mandatory) - landlord or family occupation. The landlord or a close family member requires the property as their only or principal home. Four months' notice required. Cannot be used within the first 12 months of a tenancy.

Ground 1A (mandatory) - sale of the property. New ground introduced by the Renters' Rights Act. The landlord genuinely intends to sell. Four months' notice required. Cannot be used within the first 12 months. After obtaining possession, the landlord cannot re-let within 12 months.

Ground 7A (mandatory) - serious anti-social behaviour. The tenant or a person associated with the property has been convicted of a serious offence, is subject to a criminal behaviour order, or the property has been closed under a closure order. Notice can be immediate in the most serious cases.

Ground 8 (mandatory) - serious rent arrears. The tenant is at least three months in arrears (or 13 weeks for weekly tenancies) both when the Section 8 notice is served and at the court hearing. Two weeks' notice required. If arrears fall below the threshold before the hearing, this mandatory ground is lost.

Ground 8A (mandatory) - repeated rent arrears. New ground introduced by the Renters' Rights Act. The tenant has been in arrears of at least two months on three separate occasions within the preceding three years. Two weeks' notice required.

Ground 10 (discretionary) - any rent arrears. The tenant owes any amount of arrears at the date of service and hearing. Four weeks' notice. Discretionary, the court weighs the circumstances.

Ground 11 (discretionary) - persistent late payment. The tenant has persistently delayed paying rent, whether or not arrears exist at the hearing. Four weeks' notice. Discretionary.

Ground 14 (discretionary) - nuisance, annoyance or illegal use. The tenant or a person at the property has been guilty of conduct causing or likely to cause nuisance or annoyance to neighbours, or has used the property for illegal purposes. Proceedings can be issued immediately after service.

Compliance preconditions

A landlord cannot successfully rely on most statutory grounds unless a number of compliance requirements are met at the date the Section 8 notice is served. Under the Renters' Rights Act 2025 framework, these include:

Deposit protection. Any tenancy deposit must be registered in a government-approved scheme and the prescribed information served on the tenant within 30 days. Under the Housing Act 2004 as amended, a court will not award possession on any ground except Grounds 7A and 14 (anti-social behaviour) if the deposit is unprotected. This applies regardless of when the tenancy started.

PRS database registration. Once the Private Rented Sector Database is operational (Phase 2 of the Renters' Rights Act), a landlord who is not registered on the database will be unable to obtain a possession order on most grounds.

PRS Ombudsman membership. Landlords must be members of the approved Private Rented Sector Ombudsman scheme. Non-membership is a civil penalty offence and may prevent the landlord from relying on possession grounds.

No outstanding improvement notices. An active improvement notice served by a local authority can restrict the landlord's ability to rely on certain grounds while the notice remains unaddressed.

From working with self-managing landlords across the UK, deposit protection is the compliance failure that most frequently defeats otherwise valid possession claims. A landlord who has not protected a deposit correctly must remedy the breach before serving a Section 8 notice, otherwise the claim will fail on a preliminary technical point before the court considers the ground on its merits.

August's compliance checklist tracks deposit protection status, PRS database registration, and safety certificate dates, the preconditions that must be in place before any statutory ground for possession can be successfully relied on.

The 12-month protected period

The Renters' Rights Act 2025 introduced a protected period for the first 12 months of a tenancy. During this period, landlords cannot rely on the "no-fault" grounds that depend on the landlord's own circumstances, primarily Ground 1 (family occupation) and Ground 1A (sale), even where all other conditions are met. The 12-month period runs from the start of the tenancy, not from the date of the Act's commencement.

This means landlords granting new tenancies after 1 May 2026 must allow 12 months to elapse before serving notice under these grounds. A notice served before the 12-month period expires is invalid.

Serving statutory grounds correctly

Statutory grounds are invoked by serving a Section 8 notice in the prescribed Form 3A (from 1 May 2026), naming each ground relied on and stating the full statutory wording of each ground. The notice must give the correct minimum notice period for the ground with the longest notice period cited. A notice that gives insufficient notice, uses the wrong form, or omits required information is invalid.

After the notice period expires, if the tenant has not left, the landlord must issue a court claim. The court will then determine whether the grounds are proved and, for discretionary grounds, whether it is reasonable to make the order. The landlord bears the burden of proof throughout.

For a practical guide to the possession process, court timelines, and evidence requirements in 2026, see our guide to evicting tenants in arrears and court timelines.

Frequently asked questions

What is the difference between mandatory and discretionary statutory grounds?

For a mandatory ground (Grounds 1–8A), the court must grant possession if the landlord proves the ground is established and has met the procedural requirements. For a discretionary ground (Grounds 9–18), the court must also be satisfied that granting possession is reasonable in the circumstances, and may decline even where the ground is technically proved.

Do I need to comply with deposit protection rules before using statutory grounds?

Yes. Under the Housing Act 2004 as amended by the Renters' Rights Act 2025, a court cannot make a possession order on any ground except Grounds 7A and 14 (anti-social behaviour) unless the landlord has properly protected the deposit in an approved scheme. This applies regardless of whether the tenancy started before or after 1 May 2026.

Can a landlord use more than one statutory ground on the same notice?

Yes, and it is usually advisable to do so. In a rent arrears case, most landlords serve Grounds 8, 10 and 11 together. If the tenant reduces arrears below the mandatory Ground 8 threshold before the hearing, the mandatory ground is lost but the discretionary grounds 10 and 11 remain available. The notice period to observe is the longest of those required by any of the cited grounds.

What is the 12-month protected period under the Renters' Rights Act?

For the first 12 months of any new assured tenancy, a landlord cannot rely on Grounds 1 (landlord/family occupation) or 1A (sale). The notice for those grounds must expire after the 12-month anniversary of the tenancy start date. A notice served so that it expires before that date is invalid. This restriction does not apply to tenant-fault grounds such as Ground 8 (rent arrears) or Ground 14 (anti-social behaviour).