Section 8 grounds explained: what your landlord must prove

Since the Renters' Rights Act ended no-fault eviction on 1 May 2026, Section 8 is the route a private landlord must use. They serve a Section 8 notice and rely on one or more "grounds" under Schedule 2 of the Housing Act 1988, as revised by the Act. Some grounds are mandatory: prove the ground, and the judge must order possession. Others are discretionary: the judge can refuse even where the ground is proved.

Below are the most used grounds, in plain English. The Renters' Rights Act reshaped several of them, so treat older guides with care.

The short answer

The most dangerous grounds for tenants are Ground 8 (serious rent arrears, mandatory) and Ground 1 (the landlord or close family moving in, mandatory if valid). Discretionary grounds leave more room to defend. The notice must state which grounds the landlord is using.

Mandatory grounds: the court must order possession

If the landlord proves a mandatory ground, the court has no choice but to order you to leave. There is no discretion.

Ground 1: landlord needs to move back in (or never lived there)

The landlord, or a close family member, genuinely intends to live in the property as their main home. The Renters' Rights Act reworked this ground and protects tenants early in a tenancy; a landlord who uses it and then re-lets can face a fine.

Ground 2: mortgage lender taking possession

The property is subject to a mortgage that existed before the tenancy started, and the lender is seeking possession.

Ground 6: landlord wants to redevelop

The landlord intends to demolish or substantially reconstruct the property. This rarely applies to standard tenancies.

Ground 7A: anti-social behaviour (serious cases)

This was added in 2015 and covers situations where a tenant, someone in the household, or a visitor has been convicted of a serious offence at or near the property, subject to an injunction for anti-social behaviour, or evicted by another social landlord for the same behaviour. This is mandatory but rarely used in routine private sector evictions.

Ground 8: serious rent arrears

This is the mandatory ground that matters most. Under the Renters' Rights Act rules, if you owe at least:

• Three months' rent (monthly tenancy)
• Thirteen weeks' rent (weekly tenancy)

...both when the notice was served AND at the court hearing, the court must order possession.

This is why acting fast on arrears matters. Bring the arrears under the threshold before the hearing and Ground 8 falls away. The Renters' Rights Act also stopped arrears built up purely by an unpaid Universal Credit award from counting towards the threshold; get advice if a benefit delay caused yours.

Discretionary grounds: the court can refuse to evict

For discretionary grounds the court must also find it "reasonable" to order possession. That gives judges room to weigh your circumstances.

Ground 9: suitable alternative accommodation

The landlord has arranged other accommodation the court considers suitable. If it truly matches, possession may follow. But you can argue it does not.

Ground 10: rent arrears (below the Ground 8 threshold)

You are in arrears, but below the Ground 8 level. The court has discretion. Paying the arrears down, a landlord who helped cause the problem, or a benefit delay can all support arguing that eviction is not reasonable.

Ground 11: persistent delay in paying rent

You have persistently paid late, even if you owe nothing now. The landlord uses this to show a pattern.

Ground 12: breach of tenancy

You broke a tenancy term other than rent. Common examples: an unpermitted pet, damage, subletting without permission.

Ground 13: deterioration of the property

The property's condition worsened through your neglect, or the acts of someone living with you.

Ground 14: anti-social behaviour (general)

You, someone in your household, or a visitor caused nuisance, annoyance or harm, or was convicted of an offence at or near the property. Unlike Ground 7A this is discretionary: the court asks whether eviction is reasonable.

Ground 15: deterioration of furniture

Furniture that came with the tenancy was damaged through ill-treatment.

Ground 16: employment-linked tenancy

The tenancy came with a job working for the landlord, and the job has ended.

Ground 17: false statement to obtain the tenancy

You, or someone acting for you, made a false statement to win the tenancy.

What happens if multiple grounds are used?

A notice can cite several grounds. Landlords often pair Ground 8 with Grounds 10 and 11, so that if the arrears dip below the threshold before the hearing, a discretionary ground remains.

Challenging a Section 8 notice

A Section 8 notice is not a court order. It warns that the landlord intends to apply to court. You can challenge it if:

• The notice is on the wrong form
• The arrears figure is wrong
• The stated ground does not apply
• The notice period is too short
• Your deposit was never protected, which in some cases blocks the arrears grounds

Disrepair as a defence

Serious disrepair matters here. If you fell behind partly because of the conditions, or because the landlord's failure forced you to pay for heaters, stop-gap fixes or ruined belongings, a disrepair counterclaim can set compensation against the arrears and shrink what you owe.

When should I contact Support for Tenants?

If your home has disrepair and your landlord seeks possession, call us on 0800 030 4669. A disrepair claim may cut, or wipe out, the arrears the landlord says you owe.

No upfront cost. You only pay if you win, and the fee comes out of the compensation, not your pocket. If you don't win, you pay nothing.

Sources

• Section 8, Housing Act 1988 (legislation.gov.uk)
• Schedule 2, Housing Act 1988 (grounds for possession) (legislation.gov.uk)

Related articles

• Section 8 eviction explained
• Defending Section 8 Ground 8 rent arrears
• Can I claim if I'm behind on rent?