Overview
From 1st May 2025, the Renters’ Rights Act introduces significant changes to possession.
With the removal of Section 21, Section 8 becomes the primary route to regain possession.
Landlords must:
- Use a valid legal ground
- Provide supporting evidence
- Follow correct notice periods
Types of Grounds
- Mandatory Grounds (Court must grant possession): If proven, possession will be granted.
- Discretionary Grounds (Court decides): Even if proven, the court will consider reasonableness.
Key Grounds (Most commonly used in practice)
Ground 1: Landlord or Family Occupation (Mandatory)
Use when: You or a close family member intend to move into the property.
Notice period: Typically 2 months
Ground 1A: Sale of Property (Mandatory)
Use when: You intend to sell the property.
Notice period: Typically 2 months
Ground 8: Serious Rent Arrears (Mandatory)
Use when: Tenant is in significant rent arrears (typically 2+ months).
Notice period: Typically 2 weeks
Ground 10: Some Rent Arrears (Discretionary)
Ground 11: Persistent Late Payment (Discretionary)
Use when:
- Rent is unpaid (any amount), or
- Tenant consistently pays late
Notice period: Typically 2 weeks
Ground 12: Breach of Tenancy (Discretionary)
Examples:
- Damage
- Unauthorised subletting
- Other agreement breaches
Ground 13: Property Deterioration (Discretionary)
Ground 14: Anti-Social Behaviour (Discretionary / Immediate)
Notice period:
- Can be immediate in serious cases
Important Note
The grounds listed above represent the most commonly used and practical routes for landlords.
However, there are additional legal grounds available which, although used less frequently, landlords should still be aware of.
Additional Section 8 Grounds (For Awareness)
Mandatory Grounds
Ground 2 – Mortgage lender repossession
Ground 4 – Student accommodation (e.g. let by educational institutions)
Ground 5 – Property required for a minister of religion
Ground 6 – Redevelopment or demolition
Ground 7 – Death of a tenant
Ground 7A – Serious anti-social behaviour / criminal offences (in prescribed cases)
Ground 17 – Tenancy obtained through false statement
Discretionary Grounds
Ground 9 – Suitable alternative accommodation available
Ground 15 – Damage to furniture
Ground 16 – Employment-linked accommodation
Best Practice Checklist
- Keep detailed rent records
- Document all communication
- Carry out regular inspections
- Gather evidence before serving notice
- Use correct grounds and notice periods
Final Note
From 1st May 2025, understanding and correctly applying Section 8 grounds will be essential.
Focusing on the main grounds used in practice, while being aware of the full range available, will help ensure compliance and improve the likelihood of successful possession.