Grounds for Eviction Under the Renters’ Rights Act 2025: A Landlord’s Guide
In short: Since 1 May 2026, the Renters’ Rights Act 2025 has abolished “no-fault” Section 21 evictions in England. To regain possession of a let property, a landlord must now serve a Section 8 notice citing one or more legal grounds for possession set out in the Housing Act 1988 (as amended). Each ground is either mandatory (the court must grant possession if the ground is proved) or discretionary (the court grants possession only if it also considers eviction reasonable), and each carries its own minimum notice period. This guide explains how every ground and section works.
Important
This page is general guidance, not legal advice. Eviction is a technical legal process and the cost of getting it wrong is high. Always instruct a trusted solicitor or a qualified property professional before serving any notice or starting possession proceedings. See the full disclaimer at the foot of this page.
What changed on 1 May 2026?
The Renters’ Rights Act 2025 received Royal Assent on 27 October 2025, with its main tenancy reforms taking effect on 1 May 2026. The headline changes for possession are:
• Section 21 “no-fault” evictions are abolished. A landlord can no longer end a tenancy simply by giving notice without a reason.
• All assured shorthold tenancies (ASTs) have converted to periodic assured tenancies. Fixed terms for new lettings are gone, and tenants enjoy greater security of tenure.
• Section 8 of the Housing Act 1988 is now the only route to possession. The landlord must prove a valid ground and, in most cases, obtain a court order if the tenant does not leave.
• Notices are served on the new prescribed Form 3A, citing the specific ground(s) relied upon.
• Several grounds are new or amended, and a number of notice periods have been lengthened.
Transitional note: A Section 21 notice that was correctly served before 1 May 2026 can still be acted upon, but possession proceedings based on it must be issued by 31 July 2026. After that date, only Section 8 grounds are available.
How does a Section 8 ground for possession work?
Section 8 is the legal mechanism that lets a landlord recover an assured tenancy by establishing one or more statutory grounds. The process has four essential features:
Mandatory vs discretionary grounds
Mandatory grounds — if the landlord proves the ground, the court must make a possession order. Examples include serious rent arrears (Ground 8) and selling the property (Ground 1A).
Discretionary grounds — even if the ground is proved, the court will only order possession if it is satisfied that eviction is reasonable in all the circumstances. Examples include some rent arrears (Ground 10) and breach of tenancy (Ground 12).
Notice, evidence and the court
The landlord serves a Section 8 notice (Form 3A) specifying the ground(s) and waits for the relevant notice period to expire. Unlike the old Section 21 route, every Section 8 claim requires evidence that the ground genuinely applies. If the tenant does not leave voluntarily, the landlord must apply to the county court for a possession order. A landlord may rely on more than one ground in the same notice.
Before you serve notice
Two conditions must usually be met or the court can refuse possession on most grounds:
1. The tenancy deposit must be held in an authorised scheme (the prescribed information can be served late, but the deposit must be protected before the notice is served).
2. The landlord and the property must be registered on the new Private Rented Sector Database. The only exceptions are the anti-social behaviour grounds, 7A and 14.
Grounds where the landlord needs the property back (“no-fault”)
These grounds apply because of the landlord’s own circumstances rather than any fault by the tenant. Most carry a long notice period to give the tenant time to find a new home.
Ground 1 — Landlord or close family moving in (Mandatory, 4 months’ notice)
The landlord, or a close family member, intends to occupy the property as their only or principal home. “Family” now extends to a spouse or civil partner, parent, grandparent, sibling, child or grandchild (including half-blood relations) — but not cousins, nieces or nephews. It does not apply where the landlord is a limited company. The ground cannot be used so that the notice expires within the first 12 months of the tenancy, and the landlord must not re-let or re-market the property during a restricted period afterwards. Prior written warning to the tenant is no longer required.
Ground 1A — Landlord intends to sell (Mandatory, 4 months’ notice)
A new ground allowing the landlord to recover vacant possession in order to sell. As with Ground 1, the notice cannot expire within the first 12 months of the tenancy. A restricted period applies: the landlord (and their agent) commits an offence if the property is re-let or re-marketed for letting — including on short-let platforms such as Airbnb — within 12 months, generally measured from the later of the notice date or the date proceedings are issued. Ground 1B covers sales by rent-to-buy registered providers.
Ground 2 — Mortgage lender repossession (Mandatory, 4 months’ notice)
The property is subject to a mortgage granted before the tenancy and the lender is entitled to sell with vacant possession, for example following default. The amended ground also covers a lender selling after the landlord has refinanced during the tenancy, and the requirement to warn the tenant in advance has been removed.
Ground 6 — Redevelopment or demolition (Mandatory, 4 months’ notice)
The landlord intends to demolish or substantially reconstruct the property, or carry out substantial works, and this cannot reasonably be done with the tenant in occupation — for example a back-to-brick refurbishment to reach an EPC C rating. The landlord must generally have owned the property before the tenancy began, and the tenancy must usually have run for at least six months. Ground 6A covers registered providers carrying out refurbishment where alternative accommodation is provided.
Ground 6B — Compliance with enforcement action (Mandatory, 4 months’ notice)
Possession is needed because it would otherwise be unlawful for the landlord to continue letting — for example following a banning order, an overcrowding notice, or the refusal or revocation of an HMO licence. The court can order the landlord to compensate the tenant for loss caused by the order, taking into account any tenant conduct that led to the enforcement action.
Ground 4 — Student lettings, purpose-built (Mandatory, 2 weeks’ notice)
Applies to tenancies granted to students by a specified educational institution, typically purpose-built student accommodation that is let to non-students or conference guests outside term and recovered for incoming students.
Ground 4A — Student HMOs (Mandatory, 4 months’ notice)
A new ground letting landlords of student HMOs recover possession in line with the academic year. The notice must expire between 1 June and 30 September, the property must be an HMO let to full-time students, and the landlord must have given the tenants a written statement at the outset that this ground may be used. The tenancy must have been entered into no more than six months before the tenants moved in.
Grounds based on tenant fault
These grounds arise from something the tenant has done or failed to do. Some are mandatory; the rent-arrears and behaviour grounds also have discretionary counterparts that a landlord can add as a fallback.
Ground 8 — Serious rent arrears (Mandatory, 4 weeks’ notice)
The arrears threshold has risen from two months to three months. At least three months’ rent (or 13 weeks’ rent where rent is paid weekly or fortnightly) must be unpaid both when the notice is served and at the hearing. If a Universal Credit housing payment was delayed through no fault of the tenant, that delayed amount is left out of the calculation. The notice period has doubled from two to four weeks.
Ground 10 — Rent arrears of any amount (Discretionary, 4 weeks’ notice)
Some rent is in arrears both when notice is served and at the hearing. Useful as a back-up to Ground 8 — for example where a tenant pays just enough to drop below the three-month mandatory threshold. The court decides whether eviction is reasonable.
Ground 11 — Persistent late payment (Discretionary)
The tenant has persistently delayed paying rent, even if little or nothing is owed at the hearing. The court weighs the history of payment when deciding whether to grant possession.
Ground 7A — Severe anti-social or criminal behaviour (Mandatory, possession can be sought immediately)
Applies where there has been a relevant conviction or finding for serious anti-social or criminal behaviour, such as a conviction for a serious offence at the property or breach of an injunction. The landlord can begin proceedings without a notice period.
Ground 14 — Anti-social behaviour or nuisance (Discretionary, proceedings can begin immediately)
Conduct by the tenant, a household member or a visitor that is causing, or is likely to cause, nuisance or annoyance, or that involves illegal or immoral use of the property. The court must consider factors such as the effect on neighbours and other HMO occupiers, and whether the tenant engaged with attempts to stop the behaviour.
Ground 14ZA — Offence during a riot (Discretionary)
The tenant or an adult living at the property has been convicted in the Crown Court of an indictable offence committed during a riot anywhere in the UK.
Ground 12 — Breach of tenancy (Discretionary, 2 weeks’ notice)
The tenant has broken a term of the tenancy other than paying rent — for example keeping an unauthorised pet, unlawful sub-letting, or refusing the landlord reasonable access for inspection or repair. The breach must be supported by evidence and the court must find eviction reasonable.
Grounds 13 & 15 — Deterioration of the property or furniture (Discretionary, 2 weeks’ notice)
Ground 13 applies where the condition of the property or common parts has deteriorated through the tenant’s acts of waste, neglect or default. Ground 15 applies on the same basis to the condition of furniture provided under the tenancy.
Ground 7B — No right to rent (Mandatory, 2 weeks’ notice)
The Home Office has notified the landlord that one or more occupiers (but not all) have no right to rent because of their immigration status. Where there is a joint tenancy and another tenant does have the right to rent, the court can transfer the tenancy to that person.
Ground 17 — Tenancy obtained by false statement (Discretionary)
The landlord was induced to grant the tenancy by a false statement made knowingly or recklessly by the tenant, or by someone acting at the tenant’s instigation.
Ground 7 — Death of the tenant (Mandatory, 2 months’ notice)
The tenancy passed on the death of the tenant and the landlord wishes to recover possession. Proceedings must be started within 12 months of the death (or of the landlord becoming aware of it).
Specialist and other grounds
These grounds apply to particular kinds of housing — employment-related lettings, supported and social housing, and superior-lease arrangements. They are unlikely to affect a typical private landlord, but are included for completeness.
• Grounds 5, 5A–5D (Mandatory, 2 months) — employment-related housing, including ministers of religion, agricultural workers and key-worker accommodation where the employment has ended. Ground 5C was previously the discretionary Ground 16.
• Grounds 5E & 5F (Mandatory) and Ground 18 (Discretionary, 4 weeks) — supported housing, where the property is needed for that purpose or to keep the service viable, or the tenant refuses to engage with support.
• Ground 5G (Mandatory, 4 weeks) — a homelessness-duty tenancy that the local authority has confirmed is no longer required.
• Ground 5H (Mandatory, 2 months) — “stepping-stone” accommodation let by a social landlord or charity once the tenant no longer meets the eligibility criteria.
• Grounds 2ZA, 2ZB & 2ZC (Mandatory, 2 months) — specific situations where a superior lease is ending, applying to registered providers, supported-accommodation providers, agricultural landlords and certain local-authority-owned bodies.
• Ground 9 (Discretionary, 2 months) — suitable alternative accommodation is available for the tenant.
The eviction process step by step
1. Identify the correct ground(s) and check that the qualifying conditions and timing rules are met.
2. Confirm the deposit is protected and that you and the property are registered on the Private Rented Sector Database.
3. Serve a valid Section 8 notice on Form 3A, clearly setting out each ground relied upon.
4. Wait for the relevant notice period to expire. If the tenant leaves voluntarily, no court action is needed.
5. If the tenant remains, apply to the county court for a possession order, supported by evidence for each ground.
6. Attend the hearing. For discretionary grounds, be ready to show why eviction is reasonable.
7. If a possession order is granted but not complied with, apply for a warrant and, if necessary, instruct an enforcement officer.
What happens if a landlord gets it wrong?
The penalties for misusing the system are significant, which is why professional handling matters:
• Misusing a ground for possession — for example serving a sale or move-in notice with no genuine intention — can be a criminal offence, with local-authority financial penalties of up to £40,000. Company directors can be personally liable where the offence results from their neglect.
• Unlawful eviction or harassment can attract penalties of up to £40,000 and criminal prosecution.
• Tenants can apply for a rent repayment order of up to two years’ rent (double the previous maximum).
• A defective notice, an unprotected deposit, or failure to register on the database can cause the claim to fail and waste months.
Which tenancies are not covered?
The Section 8 regime under the Renters’ Rights Act does not apply to certain agreements, including tenancies with an annual rent above £100,000, lodger arrangements where the tenant shares with a resident landlord, lettings to companies, and tenancies still regulated under the Rent Act 1977. Different rules apply to these, so always check the status of the agreement before relying on a ground.
How Your Home Managed can help landlords in South London
Your Home Managed is an independent lettings and property management agency specialising in the South London market — Balham, Clapham, Tooting, Streatham, Wandsworth and the surrounding areas. The Renters’ Rights Act has made possession a more technical, evidence-led process, and the margin for error is small.
Our team works alongside trusted local solicitors to help landlords serve correct notices, keep compliant records, register on the Private Rented Sector Database, and choose the right ground for their situation. If you are a landlord considering possession, talk to us before you act — getting the first step right is what protects your position.
Frequently asked questions
Yes. Landlords can still recover their property, but only by proving a valid ground for possession under Section 8 — they can no longer use a no-reason Section 21 notice.
At least three months’ rent (or 13 weeks’ where rent is paid weekly or fortnightly), unpaid both when the notice is served and at the hearing.
Four months for both Ground 1 (moving in) and Ground 1A (selling), and the notice cannot expire within the first 12 months of the tenancy.
Only if the tenant does not leave. If the tenant moves out once the notice expires, no court order is needed; otherwise the landlord must obtain a possession order from the county court.
Form 3A is the prescribed Section 8 notice introduced for the Renters’ Rights Act regime, used to set out the ground(s) for possession being relied upon.
Disclaimer
This page is provided by Your Home Managed for general information only and does not constitute legal advice. The law on possession is complex and fact-specific, notice periods and qualifying conditions vary by ground, and the rules may change as the Renters’ Rights Act is implemented and tested in the courts.
Eviction carries real legal and financial risk — including criminal penalties and rent repayment orders — if a notice is defective or a ground is misused. Before serving any notice or beginning possession proceedings, you should always instruct a trusted, suitably qualified solicitor or property professional to review your circumstances and handle the process. Your Home Managed accepts no liability for any action taken, or not taken, in reliance on this information.