Section 8 Notice Grounds Explained: A UK Landlord's Guide (2026)

A plain-English guide to Section 8 notice grounds under the Renters' Rights Act 2025 — the grounds, notice periods and how to serve one correctly.

For decades, landlords in England could end a tenancy without giving a reason. That ended on 1 May 2026, when the Renters' Rights Act 2025 abolished Section 21 'no-fault' evictions. There is now only one way to take your property back: a Section 8 notice that sets out a valid legal reason — a ground for possession. Choose the wrong ground, or give too short a notice period, and the notice simply fails. This guide explains the Section 8 notice grounds as they stand now, how long each takes, and the rules that trip landlords up.

What a Section 8 notice is now

Since 1 May 2026, the only notice a private landlord can serve to end an assured tenancy is a Section 8 notice, also called a notice of possession. It must:

be served on the prescribed Form 3A;
name each ground for possession you are relying on, set out in full, with the reasons it applies; and
give the correct notice period for those grounds.

You can rely on more than one ground in the same notice. If your tenant does not leave by the date stated, you apply to the county court for a possession order — and you must start those proceedings within 12 months of serving the notice, or it lapses.

Mandatory and discretionary grounds

Every ground falls into one of two categories, and the difference decides how much control you really have:

Mandatory grounds (Grounds 1 to 8). If you prove the ground, the court must make a possession order.
Discretionary grounds (Grounds 9 to 18). Even with solid evidence, the court only orders possession if it decides it is reasonable to do so.

The Act amended many existing grounds and added new ones, so work from the current grounds for possession guidance rather than an old template.

The Section 8 notice grounds landlords use most

Serious rent arrears — Ground 8 (mandatory)

Ground 8 is the workhorse for unpaid rent, and the Renters' Rights Act raised the bar. Your tenant must now owe at least three months' rent (where rent is paid monthly) or 13 weeks' rent (where it is weekly or fortnightly) — up from two months and eight weeks under the old rules, as set out in the Act itself. Three things matter:

The arrears must reach that level both on the day you serve notice and at the hearing. If the tenant clears enough of the debt before the hearing, the mandatory ground falls away.
The notice period is four weeks.
Any rent unpaid only because the tenant's Universal Credit housing payment has not yet come through is ignored when you calculate the arrears.

Selling or moving in — Grounds 1 and 1A (mandatory)

If you or a close family member need to move in (Ground 1), or you intend to sell (Ground 1A), you must give four months' notice — and you cannot use either ground in the first 12 months of the tenancy. You can serve the notice earlier, but the possession date must fall after the tenant has lived there for a year.

Antisocial behaviour — Ground 14 (discretionary)

Antisocial behaviour is treated differently: there is no fixed notice period to wait out. You can apply to the court straight away, although the court cannot make a possession order until 14 days after you served notice (the same applies to Ground 7A, for severe antisocial or criminal behaviour). Because Ground 14 is discretionary, you will still need to persuade the court that eviction is reasonable, so keep dated records and evidence from the outset.

Smaller or persistent arrears — Grounds 10 and 11 (discretionary)

You do not have to wait until the debt reaches three months. Ground 10 covers any arrears and Ground 11 covers persistent late payment; both carry a four-week notice period. As discretionary grounds, the court grants possession only if it considers it reasonable — useful as a backstop cited alongside Ground 8.

Section 8 notice periods at a glance

The notice period depends entirely on the ground — and where you cite several, you must give the longest one:

Grounds (examples)	Notice period
Moving in or selling (1, 1A), redevelopment (6), landlord-circumstance grounds (2)	4 months
Death of the tenant (7), suitable alternative accommodation (9)	2 months
Rent arrears — serious and other (8, 10, 11)	4 weeks
Breach of tenancy (12), deterioration of the property (13)	2 weeks
Antisocial behaviour (14) or severe antisocial/criminal behaviour (7A)	Apply to court immediately; no possession order for 14 days

These periods are set out in the Renters' Rights Act 2025; the full ground-by-ground list is in the GOV.UK grounds for possession guidance.

Three rules that catch landlords out

The 12-month rule. Grounds 1 and 1A (moving in and selling) are off-limits for the first year of any tenancy.
Prior-notice grounds. Some grounds — including the student ground (4A) and certain others — only work if you told the tenant at the start of the tenancy that you might use them. No prior notice, no ground.
Mandatory is not automatic. Even Ground 8 fails if the arrears drop below the threshold before the hearing. Possession is always subject to the court.

Getting your Section 8 notice right the first time

A Section 8 notice is unforgiving: the wrong ground, an out-of-date form, or a notice period that is a week short can mean starting over — months of lost rent while the clock resets. That is where mypy's Section 8 notice builder helps. It walks you through choosing the right ground, gives you the correct notice period and any prior-notice requirements, and helps you gather the evidence the court will expect.

Check where your portfolio stands and build a compliant notice in minutes — mypy is free for your first two properties.

Frequently asked questions

How much rent must a tenant owe for a Section 8 notice?

Under Ground 8 (the mandatory rent-arrears ground) the tenant must owe at least three months' rent if rent is paid monthly, or 13 weeks' rent if it is weekly or fortnightly — both when you serve notice and at the hearing. Rent unpaid only because a Universal Credit housing payment is delayed is ignored.

How much notice does a Section 8 notice require?

It depends on the ground: four months for moving in or selling (Grounds 1 and 1A), four weeks for rent arrears (Grounds 8, 10 and 11), and two weeks for grounds such as breach of tenancy (Ground 12). For antisocial behaviour (Ground 14) there is no waiting period — you can apply to the court immediately, though it cannot make a possession order until 14 days after notice. If you cite several grounds, you must give the longest applicable notice period.

Can I use Section 8 in the first 12 months of a tenancy?

Not Grounds 1 and 1A (moving in or selling), which cannot be used in the first 12 months of the tenancy. Fault grounds such as rent arrears or antisocial behaviour can be used at any point in the tenancy.

Are Section 8 grounds mandatory or discretionary?

Both. Grounds 1 to 8 are mandatory — the court must grant possession if the ground is proven. Grounds 9 to 18 are discretionary — the court grants possession only if it considers it reasonable to do so.

What form is a Section 8 notice?

Form 3A, the prescribed notice of possession. You set out each ground you are relying on in full, explain why it applies, and give the correct notice period.

Sources

This article is general guidance, not legal advice. Verify your obligations against current GOV.UK guidance or seek professional advice for your circumstances. Last reviewed 2026-06-28.