The Complete Guide to Section 8 Grounds for Possession Under the Renters' Rights Act 2025
· Roamie
Section 8 is now the only way to end a tenancy in England after 1 May 2026. Choose from 17 numbered grounds — six mandatory (court must grant if proved), eight discretionary (court decides). Most cases use Ground 8 (3 months' arrears, 2 weeks' notice), Ground 1A (landlord moves in, 4 months), or Ground 1B (sale, 4 months). Choosing the wrong ground is the single most common cause of failed possession claims.
The 60-second answer. Section 8 of the Housing Act 1988 is now the sole route to possession of a rented property in England after 1 May 2026. Landlords must choose from 17 numbered grounds (with several sub-grounds like 1A, 1B, 6A, 7A). Six mandatory grounds — where the court must grant possession if proved — will handle most cases: 1A (landlord moves in), 1B (sale), 6A (enforcement compliance), 7 (death of tenant), 7A (anti-social conviction), and 8 (three months' rent arrears). Notice periods range from immediate (Ground 14) to four months (Grounds 1A, 1B, 6A). Choosing the wrong ground is the single most common cause of failed possession claims in the post-RRA regime.
→ Generate a Section 8 notice with the right ground, notice period, and evidence checklist — free. Open the Section 8 Notice Generator
→ Tenant? Jump to the tenant defences section — your rights vary significantly by ground.
Why this page exists
Every landlord I've spoken to since 1 May 2026 asks the same question: "which Section 8 ground do I use?" And every landlord who has tried to answer that question by reading the top-10 Google results has come away confused, because those results either list all 17 grounds without helping you choose between them, or focus on one ground in isolation.
This page does what those don't. It gives you a decision tree: describe your situation in one sentence, and get the recommended ground plus the specific evidence you need to make it work. Then it works through each ground individually — mandatory grounds first (where the court must grant possession) then discretionary grounds (where the court has judgment).
If you're a tenant who has received a Section 8 notice, this page is also for you. Understanding which ground you've been served on is the difference between a valid defence and a lost possession claim.
This guide covers:
- The 6-question decision tree — pick your ground in 60 seconds
- Mandatory grounds explained — the six the court cannot refuse
- Discretionary grounds explained — the eight the court decides on
- Notice periods at a glance — one-page reference
- The court possession process — what happens after you serve
- Common mistakes — the eight most-frequent operator errors
- Tenant defences — for the tenant on the receiving end
- FAQ
The 6-question decision tree
Answer these six questions in order. The first "yes" determines your ground.
1. Is your tenant three or more months in arrears at both the notice date AND likely to remain so at the court hearing date?
→ Yes: Ground 8 (mandatory arrears). Two weeks' notice. Fastest route in the new regime.
2. Has your tenant caused serious anti-social behaviour that you can evidence with dated logs and, ideally, third-party corroboration (police, ASB team, neighbour statements)?
→ Yes: Ground 14 (or Ground 7A if a conviction has been secured). Ground 14: immediate court application. Ground 7A: four weeks' notice.
3. Do you (or a close family member) genuinely intend to move into the property as your only or principal home, and has the tenancy been running for at least 12 months?
→ Yes: Ground 1A (landlord moves in). Four months' notice. Twelve-month re-let ban after possession.
4. Do you genuinely intend to sell the property, and has the tenancy been running for at least 12 months?
→ Yes: Ground 1B (sale of dwelling). Four months' notice. Twelve-month re-let ban.
5. Has a local authority notice or order been served on you requiring possession to comply?
→ Yes: Ground 6A (compliance with enforcement). Four months' notice.
6. Has your tenant materially breached a term of the tenancy (other than rent), or seriously damaged the property?
→ Yes: Ground 12 (breach of tenancy) or Ground 13 (property deterioration). Both discretionary; two weeks' notice; strong evidence needed.
None of the above? You may not have grounds for possession. Consider negotiating with your tenant, waiting for circumstances to change, or seeking legal advice. There is no "no reason" ground under Section 8 — that was Section 21, and Section 21 is gone.
→ Generate the Section 8 notice for your chosen ground — Roam Notice Generator. Free. Validates the notice period, includes the required evidence checklist, produces a court-ready PDF.
Mandatory grounds explained
Mandatory grounds are the workhorses of the post-RRA regime. If the landlord proves the ground to the court's satisfaction, the court must grant possession. Six of them cover an estimated 85% of all Section 8 claims under the new regime.
Ground 1A — Landlord (or family member) moves in
Type: Mandatory
Notice period: Four months from date of service
Introduced by: RRA 2025 (new)
What it covers. You (or a specified close family member — spouse, civil partner, cohabiting partner, parent, adult child, or your spouse's/partner's equivalent) genuinely intend to occupy the property as your only or principal home.
Requirements.
- The tenancy must have been running for at least 12 months at the date of service
- You must give at least four months' notice
- You must have a genuine intention to occupy
- The intending occupier must be you or one of the specified family members (not a niece, nephew, cousin, or friend)
- You cannot re-let the property for at least 12 months after possession is granted
Evidence typically needed at court.
- Correspondence showing the intending occupier's current housing arrangement is ending (notice on their existing home, sale of their existing property, marital breakdown, etc.)
- Sworn statement of intention
- Any relocation logistics (removal booking, mortgage application on this property, correspondence about the move)
- If a family member: proof of the family relationship (marriage certificate, birth certificate, cohabitation evidence)
Common uses.
- Landlord returning from overseas posting
- Adult child moving back home
- Divorcing spouse needing separate accommodation
- Elderly parent moving in for care
Common mistakes.
- Using Ground 1A as a workaround to evict a difficult tenant with no real intention to occupy — the court scrutinises intent
- Family member outside the specified list (nephew, in-law, ex-partner) — not permitted under the ground
- Serving the notice inside the first 12 months of the tenancy — invalid
- Re-letting within 12 months of possession — triggers civil penalties up to £40,000
Realistic timeline: 6–9 months from notice to actual possession.
Ground 1B — Sale of the property
Type: Mandatory
Notice period: Four months from date of service
Introduced by: RRA 2025 (new)
What it covers. You genuinely intend to sell the property with vacant possession.
Requirements.
- Tenancy must have been running for at least 12 months
- Four months' notice minimum
- Evidence of genuine intent to sell
- 12-month re-let ban after possession is granted
Evidence typically needed.
- Estate agent instruction letter (dated before or contemporaneous with the notice)
- Marketing evidence (Rightmove, Zoopla listings, valuation report)
- If already under offer: memorandum of sale
- Correspondence with solicitor on the sale
Common uses.
- Landlord exiting the market
- Portfolio consolidation (selling one to retain others)
- Investment reallocation
- Estate planning
Common mistakes.
- No estate agent instruction at the time of service — court reads this as insufficient intent
- Sale falls through after possession granted and landlord re-lets rather than re-marketing — breach of the 12-month re-let ban
- Withdrawing the sale after possession granted "because market changed" — technically not a breach unless you re-let, but tenants have grounds to reopen the case if the intent was never genuine
Realistic timeline: 6–9 months from notice to actual possession. Sale itself typically takes an additional 8–14 weeks post-possession.
Ground 6A — Compliance with enforcement action
Type: Mandatory
Notice period: Four months from date of service
Introduced by: RRA 2025 (new)
What it covers. You need possession to comply with a legal notice or order served on you by a local authority or other enforcement body — for example, an improvement notice under the Housing Act 2004, a prohibition order, or a HMO licensing enforcement action that cannot be satisfied while the tenant is in occupation.
Requirements.
- A qualifying enforcement action must have been served on you
- Four months' notice minimum to the tenant
- The enforcement action must genuinely require vacant possession (not merely be inconvenient)
Evidence typically needed.
- Copy of the enforcement notice/order
- Correspondence with the local authority
- Technical report identifying the works required and confirming vacant possession is needed
Common uses.
- Major structural works following an improvement notice
- HMO licensing changes requiring reconfiguration
- Prohibition orders
This ground is uncommon in absolute terms but essential when it applies. If you're in receipt of an enforcement notice you can't comply with while the tenant is in occupation, this is your route.
Ground 7 — Death of the tenant
Type: Mandatory
Notice period: Twelve months from the tenant's death (this is a longer window than most)
Introduced by: Housing Act 1988 (existing)
What it covers. The tenant has died and the tenancy has passed under the succession rules to someone the landlord does not accept as a suitable tenant (e.g., a distant relative with no right of succession) or the tenancy has become vested in the tenant's estate with no successor.
Requirements.
- Twelve-month window from the tenant's death to bring the possession claim
- The tenancy must not have passed by valid succession to a spouse, civil partner, or family member with the statutory right
Evidence typically needed.
- Death certificate
- Grant of probate or letters of administration
- Any correspondence with succession claimants
Common uses. Solo tenant dies with no cohabiting partner; property passes to a distant relative or the estate. Landlord serves Ground 7 notice on the personal representatives.
Ground 7A — Anti-social behaviour with criminal conviction
Type: Mandatory
Notice period: Four weeks from date of service
Introduced by: Anti-Social Behaviour, Crime and Policing Act 2014 (existing; reformed by RRA)
What it covers. The tenant, a member of their household, or a visitor has been convicted of a serious offence connected with the property, has breached an anti-social behaviour injunction, has been convicted of breaching a criminal behaviour order, has been closed under Part 4 of the Anti-Social Behaviour, Crime and Policing Act 2014, or has been convicted of certain other listed offences.
Requirements.
- A qualifying conviction, injunction breach, or closure order must exist
- The conduct must be linked to the property or its locality
- Four weeks' notice
Evidence typically needed.
- Court records of the conviction or order
- Police reports
- ASB team reports if involved
- Injunction or closure order documentation
Common uses. Drug dealing from the property leading to conviction; assault on a neighbour resulting in a conviction; breach of an ASB injunction. Cases with clear third-party enforcement action are strongest here.
Common mistakes. Serving Ground 7A without a qualifying conviction — the ground fails without the criminal element. Use Ground 14 (discretionary, no conviction needed) for cases where behaviour is anti-social but has not led to a conviction.
Ground 8 — Serious rent arrears
Type: Mandatory
Notice period: Two weeks from date of service
Introduced by: Housing Act 1988 (existing; threshold clarified by RRA)
What it covers. The tenant is in serious arrears both at the date the notice is served and at the date of the court hearing.
Threshold.
- On monthly tenancies: at least three months' rent unpaid at both dates
- On weekly tenancies: at least eight weeks' rent unpaid at both dates
- On quarterly tenancies: at least three months' rent unpaid at both dates
- On yearly tenancies: at least three months' rent unpaid at both dates
Requirements.
- The arrears threshold must be met at BOTH the date of notice AND the date of the court hearing
- Two weeks' minimum notice
- Clear evidence of arrears (rent ledger, bank statements)
Evidence typically needed.
- Complete rent ledger from the tenancy's start
- Bank statements showing the missing payments
- Correspondence with the tenant about the arrears
- Any promise-to-pay evidence (partial payments, verbal agreements)
Common uses. The primary route for possession where the tenant simply isn't paying. Ground 8 is the fastest possession route under the new regime — typically 10–14 weeks from notice to bailiff enforcement for an undefended case.
Common mistakes.
- Weak rent ledger — dates and amounts must be exact
- Accepting a partial payment shortly before the hearing that brings arrears below three months — this defeats Ground 8 (the court can only grant on Ground 10 in that scenario, which is discretionary)
- Failing to serve the notice in a valid manner (in person, by post with proof, or by email if the tenancy agreement permits)
- Neglecting deposit protection prescribed information — a defence to any Section 8 claim
Landlord tactical note. Tenants advised by Shelter or Citizens Advice will often be counselled to bring arrears below the three-month threshold before the hearing to defeat Ground 8. This is a legitimate defence tactic and completely unpreventable. If you can see this coming (from the tenant's payment pattern), Ground 10 (some arrears, discretionary) is your fallback — you plead both grounds in the notice and the court decides which applies at hearing.
Realistic timeline: 10–14 weeks from notice to bailiff enforcement for an undefended case; 4–6 months if defended.
Discretionary grounds explained
Discretionary grounds are those where the court has judgment. Even if the ground is proved, the court can decline possession if it considers refusal reasonable given the tenant's circumstances. Evidence of the ground is only half the battle — you also need the court to conclude that possession is fair.
Ground 10 — Some rent arrears
Type: Discretionary
Notice period: Two weeks
Introduced by: Housing Act 1988 (existing)
Some rent is unpaid at both the notice date and the hearing date. Below the Ground 8 mandatory threshold. Court decides whether possession is reasonable. Often pleaded alongside Ground 8 as a fallback.
Typical evidence: rent ledger, bank statements, correspondence.
Practical use. When arrears are between one and three months, or when arrears will likely be paid down below the Ground 8 threshold before hearing. The court is more likely to grant possession where arrears are close to the three-month mark than where they're minimal.
Ground 11 — Persistent late payment
Type: Discretionary
Notice period: Two weeks
Introduced by: Housing Act 1988 (existing)
The tenant persistently pays rent late, whether or not any arrears exist at the notice or hearing dates. Requires a pattern of late payment (not one or two late months).
Typical evidence: rent ledger showing the pattern; bank statements; contemporary correspondence chasing late payment.
Practical use. Where the tenant pays eventually but consistently late, causing you real cash flow problems. The court will assess whether the pattern is serious enough to warrant possession.
Ground 12 — Breach of tenancy (other than rent)
Type: Discretionary
Notice period: Two weeks
Introduced by: Housing Act 1988 (existing)
The tenant has breached a term of the tenancy agreement other than the obligation to pay rent. Examples: keeping unauthorised pets before the RRA came into force (post-RRA the pet rules are different), running an unauthorised business, subletting without consent, failing to comply with condition covenants.
Typical evidence: the tenancy agreement clause breached; specific evidence of the breach (photos, dated log, witness statements); correspondence putting the tenant on notice.
Practical use. Serious material breaches. The court will consider whether the breach is remediable, whether the tenant has attempted to remedy, and whether possession is proportionate.
Ground 13 — Property deterioration
Type: Discretionary
Notice period: Two weeks
Introduced by: Housing Act 1988 (existing)
The condition of the property has deteriorated due to acts or neglect by the tenant or someone in their household. Must be beyond normal wear and tear.
Typical evidence: dated photos showing the deterioration; inventory at the start of the tenancy; expert report if the damage is substantial; correspondence with the tenant putting them on notice to remedy.
Practical use. Serious damage cases. The court will consider the scale of the damage and whether it's proportionate to grant possession.
Ground 14 — Anti-social behaviour
Type: Discretionary
Notice period: Immediate court application possible (no waiting period)
Introduced by: Housing Act 1988 (existing)
The tenant, a member of their household, or a visitor has caused or is likely to cause nuisance or annoyance to persons in the locality, or has been convicted of using the property for illegal or immoral purposes, or has been convicted of an indictable offence in the locality.
Notice period is the only ground that permits immediate court application — you can serve the notice today and file the possession claim the same day. In practice, waiting 2–4 weeks before starting proceedings allows time to build additional evidence, but it isn't required.
Typical evidence: contemporaneous log of incidents (date, time, nature); complaints from neighbours (ideally with statements); police reports; ASB team reports; convictions if any. Ground 14 evidence should be built from the day you first heard about the problem.
Practical use. The main route for anti-social behaviour without a criminal conviction. Slower than Ground 7A but more accessible.
Common mistake. Undocumented complaints. If you can't show a dated log of specific incidents, the court will discount the evidence. Start logging on Day 1.
Ground 14A — Domestic violence perpetrator
Type: Discretionary
Notice period: Two weeks
Introduced by: Housing Act 1996 (existing)
Where one member of a couple has left the property due to violence or threats of violence from the other. Available to social landlords typically but can apply in private tenancies where the ground is met and the landlord can prove the circumstances.
Rare in practice; usually handled by social landlords for jointly-tenanted properties following relationship breakdown.
Ground 15 — Deterioration of furniture
Type: Discretionary
Notice period: Two weeks
Introduced by: Housing Act 1988 (existing)
Where the property is let furnished, the condition of the furniture has deteriorated due to acts or neglect by the tenant or someone in their household, beyond normal use.
Typical evidence: signed inventory at tenancy start; dated photos of the furniture at start and at breach; correspondence.
Practical use. Rare on its own; more often pleaded alongside Ground 13 (property deterioration) where damage extends to the furniture.
Ground 17 — Tenancy obtained by false statement
Type: Discretionary
Notice period: Two weeks
Introduced by: Housing Act 1996 (existing)
The tenancy was granted based on a false statement knowingly or recklessly made by the tenant or someone acting on their behalf. Common scenarios: false employment references, forged bank statements, undisclosed criminal history, use of a false identity.
Typical evidence: the false statement (application form, reference letter); evidence of falsity (employer confirmation, bank confirmation, criminal record check); correspondence showing the landlord relied on the statement in granting the tenancy.
Practical use. Fraudulent referencing cases. The court considers whether the landlord would have granted the tenancy but for the false statement and whether possession is proportionate.
Notice periods at a glance
One-page reference for every ground:
| Ground | Notice period | Type |
|---|---|---|
| 1A — Landlord moves in | 4 months | Mandatory |
| 1B — Sale of property | 4 months | Mandatory |
| 6A — Enforcement compliance | 4 months | Mandatory |
| 7 — Death of tenant | 12 months window | Mandatory |
| 7A — ASB conviction | 4 weeks | Mandatory |
| 8 — Serious arrears | 2 weeks | Mandatory |
| 10 — Some arrears | 2 weeks | Discretionary |
| 11 — Persistent late payment | 2 weeks | Discretionary |
| 12 — Breach of tenancy | 2 weeks | Discretionary |
| 13 — Property deterioration | 2 weeks | Discretionary |
| 14 — Anti-social behaviour | Immediate court application | Discretionary |
| 14A — Domestic violence | 2 weeks | Discretionary |
| 15 — Furniture deterioration | 2 weeks | Discretionary |
| 17 — False statement | 2 weeks | Discretionary |
The notice period is the minimum gap between service of the notice and the earliest date you can apply to court. It is not the date the tenancy ends — the tenancy only ends when the court grants possession and (if the tenant doesn't leave voluntarily) the bailiff enforces.
The court possession process
Once you've served the notice and the notice period has elapsed, the county court process runs as follows:
- Issue the possession claim. Form N5 (standard) is used for Section 8 claims. Court fee: £355. Attach the notice, tenancy agreement, and evidence.
- Court sets a hearing date. Typically 8–12 weeks from issue depending on court workload.
- Tenant files defence (if defending). Form N11R. Deadline usually 14 days from service of the claim.
- Possession hearing. Both parties attend. Judge reviews evidence, hears both sides, considers the ground.
- Court decides. Grants outright possession (typically 14–28 days to vacate), grants suspended possession (tenant can stay if they comply with conditions like paying arrears), or dismisses the claim.
- If tenant doesn't leave voluntarily. Landlord applies for a bailiff warrant. Form N325. Fee: £130. Bailiff attends 4–8 weeks later.
- Physical possession. Bailiff attends, tenant vacates, landlord takes possession.
Total elapsed time:
- Ground 8 undefended: 10–14 weeks from notice service to bailiff enforcement
- Ground 8 defended: 4–6 months
- Ground 1A / 1B undefended: 6–9 months (dominated by the 4-month notice period)
- Ground 1A / 1B defended: 9–12 months
- Ground 14 anti-social: 6–12 months depending on complexity of evidence
Court fees: £355 possession claim + £130 bailiff warrant = £485 in court fees if the case runs the full route.
Solicitor costs: £600–1,200 for a straightforward undefended case; £3,000+ for defended cases.
Common mistakes
The eight I see most often in the first three months of the new regime:
Mistake 1: Choosing the wrong ground. The most common failure. A landlord who genuinely wants to sell but pleads Ground 1A (moving in) because "it feels stronger" opens the case to defeat if the tenant's advisor spots the misalignment between stated intent and actual circumstances. Match the ground to the truth.
Mistake 2: Weak evidence for mandatory grounds. Ground 8 requires clear proof of arrears. Ground 1A and 1B require proof of intent. Weak evidence gets mandatory grounds re-categorised or dismissed.
Mistake 3: Deposit protection failures as a defence. If the deposit was not protected in an approved scheme within 30 days of receipt, or the prescribed information was not served, the tenant has a defence to any Section 8 claim. Check every deposit is compliant before you serve any notice.
Mistake 4: Failure to serve the Section 18 Information Sheet. The RRA required all landlords to serve the Information Sheet on existing tenants by 31 May 2026. If you didn't, that's a defence. Serve it immediately if you haven't.
Mistake 5: Serving before the required tenancy duration. Ground 1A and 1B require 12 months of tenancy before serving. Serving inside the 12 months is invalid.
Mistake 6: Ignoring the 12-month re-let ban after Grounds 1A / 1B. Breach is a criminal offence with civil penalties up to £40,000. If plans change, withdraw the possession claim before it succeeds rather than accepting possession and re-letting.
Mistake 7: Serving on the wrong form or with missing details. The Section 8 notice must be on the prescribed form with all required details (property address, tenant names, ground(s) relied on, notice period, landlord signature). Any omission invalidates the notice.
Mistake 8: Weak service. In-person service should be witnessed or photographed. Postal service needs proof (Royal Mail receipt or recorded delivery). Email service is only valid if the tenancy agreement permits it. Document how, when, and where you served.
Tenant defences — your rights on the receiving end
If you've received a Section 8 notice, this section is for you. Your defences vary depending on the ground.
Universal defences (available against any ground)
- Deposit protection failure. Was your deposit protected in an approved scheme within 30 days of receipt? Was the prescribed information served on you? If either failed, the notice is defeatable.
- Missing Section 18 Information Sheet. Did your landlord serve the RRA Information Sheet by 31 May 2026? If not, a defence.
- Gas safety, EPC, HMO licensing failures. Missing safety certificates or licences at the relevant dates can defeat a notice.
- Retaliatory eviction. If the Section 8 notice was served within six months of you making a legitimate complaint about disrepair or other issues (in writing to the landlord or local authority), the RRA retaliatory eviction provisions may apply.
- Defective notice. Wrong form, wrong ground, wrong notice period, missing signatures, incorrect property description — any technical defect invalidates.
Ground-specific defences
Ground 8 (mandatory arrears). If you can bring the arrears below three months' rent before the court hearing, Ground 8 fails — the court can only proceed on Ground 10 (discretionary). This is the single most important tactical response to a Ground 8 notice. Get advice from Shelter or Citizens Advice on managing arrears strategically.
Grounds 1A / 1B (landlord moves in / sale). Challenge the genuineness of the intent. Does the landlord actually have evidence they're moving in or selling? Has the tenancy been running for 12 months? Have you been told anything by the landlord that contradicts the stated intent?
Ground 14 (anti-social behaviour). The court has full discretion. Even if the incidents occurred, the court can decline possession if your circumstances (family, dependents, health, difficulty finding alternative housing) make possession disproportionate. Prepare your circumstances evidence.
Discretionary grounds generally. Emphasise your circumstances: children in school, dependents, medical conditions, employment ties, difficulty finding alternative housing given personal circumstances. The court weighs these against the ground.
What to do if you receive a notice
- Do not ignore it. Ignoring a Section 8 notice is the single worst response. It leads to default judgment against you.
- Get free advice within 48 hours. Shelter (0808 800 4444), Citizens Advice, or a housing solicitor.
- Check every technical detail. Deposit protection, prescribed information, safety certificates, licensing, service method, notice period, form used.
- Check retaliation. Was the notice served within six months of you complaining?
- Attend the court hearing. Failing to attend leads to default judgment.
Legal aid is available for possession defence in most tenant circumstances. You don't need to face a possession claim without representation.
FAQ
Can I plead more than one ground in a single Section 8 notice?
Yes. Pleading multiple grounds is common — for example, Ground 8 (mandatory arrears) alongside Ground 10 (discretionary arrears) as a fallback. The court considers each in turn.
Can I amend the notice after service?
No. Any material change requires re-service, which restarts the notice period. Get the notice right first time.
What if my tenant leaves during the notice period?
The tenancy ends normally. No possession claim is needed. Any arrears remain enforceable as a debt.
Can I claim rent for the period between the notice and the court hearing?
Yes. Rent remains due throughout. Ground 8 arrears calculations include rent that fell due after the notice was served, up to the hearing date.
Does the court fee vary by ground?
No. £355 for any Section 8 possession claim (as of mid-2026).
Can my tenant reclaim the deposit if I win possession?
The deposit remains subject to the tenancy deposit scheme rules. If there are legitimate damage or arrears deductions, you can claim them via the scheme's dispute resolution or through the court.
What happens to the tenancy if my tenant dies during the process?
The tenancy may pass under succession rules. Ground 7 (death of tenant) may become relevant. Take fresh legal advice on the specific circumstances.
Can I use a Section 8 for a lodger?
No. Lodgers (excluded occupiers who share facilities with the landlord) aren't assured tenants. Section 8 doesn't apply. Removal is governed by common law and simpler procedures.
Does the 12-month re-let ban apply if I re-let to a different tenant?
Yes. The ban is on re-letting the property for 12 months after Ground 1A or 1B possession, regardless of who the new tenant would be.
Can I use Section 8 for a property outside England?
No. Section 8 of the Housing Act 1988 applies to assured tenancies in England only. Different regimes apply in Wales (Renting Homes (Wales) Act 2016) and Scotland (Private Housing (Tenancies) (Scotland) Act 2016).
What's the difference between Section 8 and Section 21?
Section 21 was the no-fault route — no reason required. Abolished on 1 May 2026. Section 8 requires a specific ground. See also: Form 4A Rent Increase Notice: The Complete Guide for the full context of what changed under the Renters' Rights Act 2025. The complete RRA guide and Section 21 abolition guide are coming soon.
Resources and further reading
Roam free tools:
- Section 8 Notice Generator — right ground, right notice period, court-ready PDF
- Compliance Audit Tool — check every property against the new regime
- Form 4A Generator — rent increases
Roam deep-dives:
- Form 4A Rent Increase Notice: The Complete Guide
- The Complete Renters' Rights Act 2025 Guide (coming soon)
- Section 21 Is Abolished — What to Do Next (coming soon)
Official sources:
- Housing Act 1988 Schedule 2 (grounds for possession)
- Renters' Rights Act 2025
- First-tier Tribunal (Property Chamber)
Support organisations:
- Landlords: NRLA, LandlordZONE, Propertymark
- Tenants: Shelter (0808 800 4444), Citizens Advice, Generation Rent
If this guide helped you, share it with one other landlord or tenant. The more we all understand the new regime, the fewer failed cases, and the better the market works for everyone.
This guide is provided for information and does not constitute legal advice. For advice on your specific circumstances, consult a solicitor specialising in residential landlord and tenant law.
Have feedback or spotted an error? Email me at hello@tryroam.today. I read every reply.
— Roamie, Roam
Frequently asked questions
Can I plead more than one ground in a single Section 8 notice?
Yes. Pleading multiple grounds is common — for example, Ground 8 (mandatory arrears) alongside Ground 10 (discretionary arrears) as a fallback. The court considers each in turn.
Can I amend the notice after service?
No. Any material change requires re-service, which restarts the notice period. Get the notice right first time.
What if my tenant leaves during the notice period?
The tenancy ends normally. No possession claim is needed. Any arrears remain enforceable as a debt.
Can I claim rent for the period between the notice and the court hearing?
Yes. Rent remains due throughout. Ground 8 arrears calculations include rent that fell due after the notice was served, up to the hearing date.
Does the court fee vary by ground?
No. £355 for any Section 8 possession claim (as of mid-2026).
Can my tenant reclaim the deposit if I win possession?
The deposit remains subject to the tenancy deposit scheme rules. If there are legitimate damage or arrears deductions, you can claim them via the scheme's dispute resolution or through the court.
Does the 12-month re-let ban apply if I re-let to a different tenant?
Yes. The ban is on re-letting the property for 12 months after Ground 1A or 1B possession, regardless of who the new tenant would be.
What's the difference between Section 8 and Section 21?
Section 21 was the no-fault route — no reason required. It was abolished on 1 May 2026. Section 8 requires a specific ground from the Housing Act 1988 Schedule 2.