Section 8 grounds explained: what your landlord must prove

When a private landlord wants to evict you and needs to go to court, they usually serve a Section 8 notice and rely on one or more "grounds" under Schedule 2 of the Housing Act 1988. Different grounds give the court different powers, some are mandatory (the judge must order possession if the ground is proved), others are discretionary (the judge can decide not to evict even if the ground is proved).

Below we cover the most commonly used grounds in plain English.

The short answer

The most dangerous grounds for tenants are Ground 8 (two months' rent arrears, mandatory) and Ground 1 (landlord wants to move back in, mandatory if valid). Discretionary grounds give you more room to defend. A landlord must state which grounds they are using on the Section 8 notice.

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 lived in the property as their main home before letting it, or wants to use it as their or their spouse's main home. The landlord must have told you about this ground before the tenancy started.

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: two months' or eight weeks' rent arrears

This is the most significant mandatory ground for most tenants. If you owe at least:

• Two months' rent (monthly tenancy)
• Eight weeks' rent (weekly tenancy)
• Four quarters' rent (quarterly tenancy)

...both at the time the Section 8 notice was served AND at the time of the court hearing, the court must order possession.

This is why acting quickly on rent arrears matters. If you reduce your arrears below the threshold before the hearing, Ground 8 falls away. Even if the arrears are due to a housing benefit delay, Universal Credit problem, or disability-related reason, the court currently has no power to consider that under Ground 8.

Discretionary grounds: the court can refuse to evict

Under discretionary grounds, the court must also be satisfied that it is "reasonable" to make a possession order. This gives judges room to take your circumstances into account.

Ground 9: suitable alternative accommodation

The landlord has arranged alternative accommodation for you that the court considers suitable. If the alternative offered is genuinely equivalent, the court may allow possession, but you can argue the alternative is unsuitable.

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

You are in rent arrears, but not at the level required for Ground 8. The court has discretion. If you have been paying down the arrears, your landlord has contributed to the situation, or there are other factors (like a housing benefit delay), you can argue it is not reasonable to evict you.

Ground 11: persistent delay in paying rent

You have persistently paid rent late, even if you are not currently in arrears. The landlord is using this to show a pattern of late payment.

Ground 12: breach of tenancy

You have broken a term of the tenancy agreement (other than the rent obligation). Common examples: keeping a pet in breach of the agreement, causing damage, subletting without permission.

Ground 13: deterioration of the property

The condition of the property has got worse due to your neglect or the acts of someone living with you.

Ground 14: anti-social behaviour (general)

You, a member of your household, or a visitor has behaved in a way likely to cause nuisance, annoyance or harm to neighbours or others, or has been convicted of a criminal offence at or near the property. Unlike Ground 7A, this is discretionary, the court considers whether it is reasonable to evict.

Ground 15: deterioration of furniture

Furniture provided with the tenancy has been damaged through ill-treatment.

Ground 16: employment-linked tenancy

The tenancy was granted because of your employment with the landlord, and that employment has ended.

Ground 17: false statement to obtain the tenancy

You made a false statement (or someone acting for you did) to induce the landlord to grant the tenancy.

What happens if multiple grounds are used?

A Section 8 notice can cite more than one ground. Landlords often cite Ground 8 plus Grounds 10 and 11 together, so that if the arrears drop below the mandatory threshold before the hearing, there is still a discretionary ground to fall back on.

Challenging a Section 8 notice

A Section 8 notice is not a court order. It is a warning 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 ground stated does not apply
• The notice period given is too short
• Your landlord has not protected your deposit (this can prevent them using Ground 8 or Ground 10/11 in some circumstances)

Disrepair as a defence

If your home has serious disrepair and you are behind on rent partly because of the conditions, or because your landlord's failure forced you to spend money on alternative heating, temporary fixes, or damaged belongings, this can be relevant. A disrepair counterclaim can potentially set off compensation against the arrears and reduce the amount owed.

When should I contact Support for Tenants?

If your home has disrepair and your landlord is seeking possession, call us on 0800 030 4669. A disrepair claim may reduce or eliminate 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?