8 June 2026 · 7 min read
Grounds for Possession in England (2026 Guide)
Written by the RentingRights team, based on official GOV.UK guidance. Last reviewed: 8 June 2026.
Since Section 21 no fault evictions were abolished on 1 May 2026, a landlord in England can no longer ask you to leave without a reason. To regain possession of a property, your landlord must now rely on a specific legal ground set out in the Renters Rights Act 2025. This is a plain English guide to what those grounds are, what they mean for you, and what to do if you receive a notice.
What "grounds for possession" means now Section 21 is abolished
A ground for possession is the legal reason a landlord gives when they want a court to order a tenant to leave. Before May 2026, landlords could use a Section 21 notice to end a tenancy without giving any reason at all. That route is gone. Today every eviction must be based on a Section 8 ground, the landlord must follow the correct process, and in most cases a court must agree before you have to leave. If you have been handed an old style notice, check whether your Section 21 notice is still valid, because it may have no legal effect.
The full list of Section 8 grounds: mandatory and discretionary
There are around 18 grounds, and they fall into two groups. With a mandatory ground, if the landlord proves the facts, the court must order possession. With a discretionary ground, the court only orders possession if it also decides that doing so is reasonable.
Mandatory grounds
- Ground 1: the landlord or a close family member wants to move in.
- Ground 1A: the landlord wants to sell the property.
- Ground 2: the property is being repossessed by the landlord's mortgage lender.
- Ground 4: the property is student accommodation needed for a new academic year.
- Ground 5: the property is held for a minister of religion.
- Grounds 5A to 5H: various supported, agricultural, and social housing situations.
- Ground 6: the landlord intends to redevelop or substantially refurbish.
- Ground 7: the tenancy passed on death and the new occupier has no right to stay.
- Ground 8: serious rent arrears, broadly three months or more owed both when notice is served and at the hearing.
Discretionary grounds
- Ground 9: suitable alternative accommodation is available.
- Ground 10: some rent is in arrears.
- Ground 11: the tenant is persistently late paying rent.
- Ground 12: the tenant has broken a term of the tenancy.
- Ground 13: the tenant has let the property fall into disrepair.
- Ground 14: antisocial behaviour or nuisance.
- Ground 15: damage to the landlord's furniture.
- Ground 16: the property was tied to the tenant's job and that job has ended.
- Ground 17: the tenancy was granted because of a false statement.
What the main grounds mean in plain English
The grounds you are most likely to meet are the landlord wanting to move in or sell (Grounds 1 and 1A), rent arrears (Grounds 8, 10, and 11), and antisocial behaviour (Ground 14). The selling and moving in grounds usually cannot be used in the first twelve months of a tenancy, and if a landlord evicts on those grounds they normally cannot re-let the property quickly. The rent arrears grounds depend on how much you owe and when. Discretionary grounds give you a real chance to put your side to a judge, who weighs up whether eviction is fair.
What a landlord must do to use Section 8 correctly
To use a ground lawfully, your landlord must serve a valid Section 8 notice that clearly states the ground or grounds they are relying on, give you the correct notice period for that ground, and, if you do not leave, apply to the court for a possession order. Notice periods vary by ground, and serious arrears or antisocial behaviour can carry shorter periods. Only a court can order you to leave, and only a court appointed bailiff or High Court enforcement officer can carry out an eviction. A landlord cannot change the locks or force you out themselves.
What tenants can do if they receive a Section 8 notice
Do not panic and do not move out straight away. A notice is the start of a process, not the end of your tenancy. Check that the notice names a valid ground, uses the correct form, and gives the right notice period. Keep a copy and note the date you received it. If the ground is rent arrears, paying down what you owe may defeat a mandatory ground or help your case on a discretionary one. Gather evidence, such as proof of payments or records of disrepair, and get advice early. If your deposit dispute is part of the picture, see our guide on what to do when your deposit is not returned. For the official position, read the GOV.UK guidance on the Renters Rights Act.
If you have received a Section 8 notice and want to know whether it is valid, get a free answer at rentingrights.co.uk, no account needed.
Disclaimer: RentingRights provides legal information only, not legal advice. This information reflects the law in England as of May 2026 and is sourced from GOV.UK under the Open Government Licence v3.0. Laws and guidance change, so always verify against current GOV.UK guidance before taking action. We are an independent service operated by Olivian Group Ltd and are not affiliated with or endorsed by the government. For advice on your specific situation, consult a qualified housing solicitor or contact Shelter on 0808 800 4444.
Frequently asked questions
- How many grounds for possession are there under the Renters Rights Act 2025?
- There are around 18 grounds for possession. They are split into mandatory grounds, where the court must order possession if the facts are proven, and discretionary grounds, where the court only orders possession if it is also reasonable to do so.
- What is the difference between mandatory and discretionary grounds?
- With a mandatory ground, such as serious rent arrears, the court must grant possession once the landlord proves the facts. With a discretionary ground, the court decides whether eviction is reasonable, which gives the tenant a chance to put their side to a judge.
- Can my landlord evict me now that Section 21 is abolished?
- Yes, but only by using a valid Section 8 notice that relies on a specific legal ground, and in most cases a court must agree before you have to leave. A Section 21 no fault notice served on or after 1 May 2026 has no legal effect.
- What must a landlord do to use a Section 8 ground correctly?
- The landlord must serve a valid Section 8 notice stating the ground they rely on, give the correct notice period for that ground, and, if you do not leave, apply to the court for a possession order. Only a court can order you to leave and only an authorised bailiff can carry out an eviction.
- What should I do if I receive a Section 8 notice?
- Do not move out straight away. Check that the notice names a valid ground, uses the correct form, and gives the right notice period. Keep a copy, note the date you received it, gather evidence, and get advice early from Shelter, Citizens Advice, or a housing solicitor.
- Can a landlord evict me to move in or sell the property?
- Yes, under Ground 1 a landlord or close family member can move in, and under Ground 1A a landlord can sell. These grounds usually cannot be used in the first twelve months of a tenancy, and the landlord normally cannot re-let the property quickly afterwards.