England Renters' Rights Act Section 8 Possession Grounds & Notice Guide 2026

Authoritative 2026 guide to Section 8 possession in England: mandatory and discretionary grounds, Ground 8 rent arrears, Ground 1 landlord or family occupation, Ground 1A sale, antisocial behaviour, notice periods, prior-notice requirements and court procedure.

1. Mandatory vs Discretionary Section 8 Grounds in England

After the Renters' Rights Act tenancy reforms took effect on **1 May 2026**, landlords in the private rented sector in England generally need to rely on a statutory possession ground and follow the Section 8 process. Section 8 grounds are divided into **mandatory** and **discretionary** grounds. A mandatory ground means that, if the statutory requirements are proved, the court will usually make a possession order. A discretionary ground means the court must decide whether possession is reasonable in the circumstances. The exact notice period depends on the ground. Some grounds also require the landlord to have given the tenant prior notice at the start of the tenancy before the ground can be used.

Section 8 Ground	Legal Purpose / Reason	Ground Type	Notice Period
Ground 1	Landlord or close family member needs to move into the property	Mandatory	4 months; possession cannot be required within first 12 months
Ground 1A	Landlord intends to sell the property	Mandatory	4 months; possession cannot be required within first 12 months
Ground 8	Serious rent arrears	Mandatory	4 weeks; 3 months monthly or 13 weeks weekly/fortnightly
Ground 10 / 11	Any rent arrears / persistent late payment	Discretionary	4 weeks
Ground 14	Antisocial behaviour or nuisance	Discretionary	Proceedings can begin immediately; court possession order is subject to the statutory 14-day minimum

2. Landlord Move-In & Sale Restrictions (Grounds 1 & 1A)

Grounds 1 and 1A are mandatory grounds for landlord occupation/family occupation and sale respectively, but both are subject to a **12-month protected period** for a new tenancy. A landlord can serve notice during the first 12 months, but the notice cannot expire before the 12 months have elapsed. Both grounds normally require **4 months' notice**. The Act also creates a **12-month no-relet and remarketing restricted period after possession is obtained using Grounds 1 or 1A**. During that restricted period, landlords generally cannot re-let or market the property for letting. The restriction has statutory exceptions, including circumstances where the landlord or close family member actually moves in and uses the property as their only or main home, or where certain alternative transactions occur.

Key Takeaways

The current Section 8 possession framework described here applies to private renting in England from 1 May 2026.
Mandatory grounds generally require the court to grant possession when the statutory requirements are proved; discretionary grounds require the court to consider reasonableness.
Ground 1 and Ground 1A require 4 months' notice and cannot result in possession being required within the first 12 months of a new tenancy.
Ground 8 requires at least 3 months' rent arrears for monthly rent or 13 weeks' arrears for weekly/fortnightly rent, both when notice is served and at the hearing.
The 12-month no-relet and remarketing restriction applies after possession is obtained using Grounds 1 or 1A, subject to statutory exceptions.
Ground 14 antisocial-behaviour proceedings can generally begin immediately, but the court cannot normally make a possession order until at least 14 days after notice.

Frequently Asked Questions (6 Interlinked FAQs)

Ground 8 requires at least 3 months' rent arrears where rent is paid monthly, or at least 13 weeks' rent arrears where rent is paid weekly or fortnightly. The threshold must be met both when the Section 8 notice is served and at the possession hearing. The notice period is 4 weeks.

Ground 1A normally requires 4 months' notice. The ground is subject to a 12-month protected period for a new tenancy, so the notice cannot require possession before the first 12 months of the tenancy have ended.

Yes. The landlord can serve the notice during the first 12 months, but the notice cannot expire before the 12-month protected period has ended. This means a landlord may need to give more than 4 months' notice if serving the notice before the first year is complete.

A 12-month no-relet and remarketing restricted period generally applies after possession has been obtained using Ground 1 or 1A. Reletting or remarketing during the restricted period can constitute an offence and may result in a financial penalty of up to £40,000 as an alternative to prosecution, subject to statutory exceptions.

There is no single statutory 3-to-6-month timetable for every Section 8 case. The time depends on the ground, whether the tenant contests the claim, court availability, evidence, possession-order dates and enforcement. A Section 8 notice itself has a specified notice period, after which the landlord can apply to court if the tenant has not left.

For Ground 14, the landlord can generally begin possession proceedings immediately after serving the notice. However, the court cannot normally make a possession order until at least 14 days after the landlord gave notice, subject to the statutory rules.