Section 8 Eviction: Grounds, New Rules, and How to Respond

A Section 8 notice (also known as a "notice seeking possession") is served under the Housing Act 1988 when a landlord wants to evict a tenant for a specific reason. The notice must specify one or more legal "grounds" for possession set out in Schedule 2 of the Housing Act 1988.

From 1 May 2026, Section 8 is the only way a landlord can seek possession. The Renters' Rights Act 2025 abolishes Section 21 "no-fault" eviction. This makes Section 8 far more important — every eviction must now have a specific legal ground backed by evidence.

The landlord must go to court and prove their case. The court has varying degrees of discretion depending on whether the ground is mandatory or discretionary.

The Renters' Rights Act 2025 introduces new possession grounds to replace the flexibility landlords previously had under Section 21:

• Ground 1A — Landlord selling: The landlord intends to sell the property. Requirements: 4 months' notice; cannot be used within the first 12 months of the tenancy; the landlord must prove genuine intent to sell; must log sales activity on the PRS Database; if the property does not sell, it cannot be re-let for 12 months from the notice date.
• Ground 4A — Student accommodation (HMO): Applies to houses in multiple occupation (HMOs) where the tenant is in full-time education (the "student test"). The landlord must have informed the student before the tenancy began that this ground may be relied upon. The notice must expire between 1 June and 30 September. Does not apply to non-HMO student lets.
• Expanded Ground 1 — Landlord/family occupation: Extended to wider family members (not just spouse). No requirement that the landlord previously lived there. No prior-notice requirement. 4 months' notice required. Cannot be used in the first 12 months.

If the landlord proves a mandatory ground, the court must make a possession order — the judge has no choice. The main mandatory grounds are:

• Ground 1 — Landlord/family occupation: The landlord or a family member intends to live in the property. 4 months' notice. 12-month protection period applies.
• Ground 1A — Landlord selling (NEW): The landlord intends to sell. 4 months' notice. 12-month protection period applies.
• Ground 2 — Mortgage lender repossession: The lender requires vacant possession.
• Ground 4A — Student HMO (NEW): Student accommodation ground with seasonal notice window.
• Ground 6 — Demolition or substantial works: The landlord intends to demolish, reconstruct, or carry out substantial works.
• Ground 7A — Serious anti-social behaviour: Conviction for a serious offence, closure order, or injunction.
• Ground 8 — Serious rent arrears: From 1 May 2026, at least 3 months' rent must be owed at both the notice date and hearing date (increased from 2 months). 4 months' notice required (increased from 2 weeks). Late Universal Credit payments are excluded from the arrears calculation.

For discretionary grounds, the court grants possession only if it considers it reasonable to do so, taking into account all circumstances. Key discretionary grounds include:

• Ground 10 — Some rent arrears: Some rent was outstanding when the notice was served and when proceedings were issued. No minimum amount. The court can consider partial payments and the tenant's circumstances.
• Ground 11 — Persistent delay in paying rent: A pattern of late payment, even if no arrears are currently outstanding.
• Ground 12 — Breach of tenancy terms: The tenant has broken a tenancy term (other than rent payment).
• Ground 13 — Deterioration of property: The property has deteriorated due to the tenant's waste, neglect, or default.
• Ground 14 — Nuisance or annoyance: The tenant or visitor has caused nuisance or used the property for illegal purposes.
• Ground 17 — False statement: The tenancy was granted because of a false statement.

The Renters' Rights Act 2025 introduces a 12-month protection period at the start of every tenancy. During the first 12 months, landlords cannot use certain possession grounds, including:

• Ground 1 (landlord/family occupation)
• Ground 1A (landlord selling)
• Ground 6 (demolition or substantial works)

This gives tenants security that they will not be evicted in the first year for reasons unrelated to their behaviour. Grounds based on tenant conduct (rent arrears, anti-social behaviour, breach of tenancy) are not affected by the 12-month protection.

From 1 May 2026, the deposit must be protected in a government-approved scheme before any Section 8 notice can be served, with only two exceptions:

• Ground 7A (serious anti-social behaviour)
• Ground 14 (nuisance or annoyance)

If the deposit is not protected, a Section 8 notice served on any other ground is invalid. This is a significant change — previously, the deposit protection requirement was primarily linked to Section 21.

Late protection is now curable: landlords can protect the deposit late, but the tenant can claim up to 3x compensation for the period it was unprotected.

If you receive a Section 8 notice:

For rent arrears (Grounds 8, 10, 11):

• Pay off as much as you can immediately. For Ground 8, if you reduce the arrears below 3 months' rent before the hearing, the mandatory ground falls away.
• Contact your landlord to negotiate a repayment plan.
• Apply for Universal Credit housing costs if you have not already. Remember: UC delays are now excluded from the Ground 8 arrears calculation.
• At court, the judge can make a suspended possession order for discretionary grounds.

For landlord selling or occupation (Grounds 1, 1A):

• Check you have been in the tenancy for at least 12 months — if not, the ground cannot be used.
• Check the landlord gave 4 months' notice.
• For Ground 1A, the landlord must demonstrate genuine intent to sell.

For all grounds: Check the notice is valid, check your deposit is protected, and seek advice from Citizens Advice, Shelter, or a housing solicitor. If you are on a low income, you may qualify for legal aid.

This guide provides general legal information about UK law and is not legal advice. Laws and regulations change, and individual circumstances vary significantly. For advice specific to your situation, you should consult a qualified solicitor.

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