Since 1 May 2026 you can no longer end an assured tenancy with a Section 21 "no fault" notice. If you want your property back, you need a legal reason, called a "ground", under Section 8 of the Housing Act 1988. This article is the full list in force for 2026, split into mandatory grounds (where the court must order possession once you prove your case) and discretionary grounds (where the judge decides whether eviction is reasonable), with the notice period each one needs.
What changed on 1 May 2026
The Renters' Rights Act 2025 received Royal Assent on 27 October 2025, and the main tenancy reforms commenced on 1 May 2026. Section 21 was abolished, every assured shorthold tenancy converted to a single periodic assured tenancy, and Section 8 became the only way to seek possession. Pre-1-May Section 21 notices already served remain enforceable in court only until 31 July 2026, so in practice every new claim now runs through a ground below.
The Act also rewrote Schedule 2 to the Housing Act 1988, adding new grounds and lengthening several notice periods. The grounds themselves are set out in Schedule 2 of the Housing Act 1988 as amended. Always confirm the current wording and notice period on gov.uk before you serve, because the numbers below are the reformed positions as they stood at the time of writing.
Mandatory vs discretionary: what it actually means
- Mandatory ground. If you prove the facts, the court must order possession. The tenant's circumstances do not save the tenancy.
- Discretionary ground. You prove the facts and the court must be satisfied it is reasonable to evict. A judge can refuse, or grant a suspended order, even if the ground is made out.
Serving on the strongest available ground matters, because a mandatory ground gives you certainty a discretionary one never will.
The mandatory grounds
| Ground | What it covers | Notice period |
|---|---|---|
| 1 | Landlord or close family member wants to move in (cannot be used in the first 12 months of the tenancy) | 4 months |
| 1A | Landlord intends to sell the property (new; cannot be used in the first 12 months) | 4 months |
| 1B | Sale by a rent-to-buy landlord | 2 months |
| 2 | Lender repossessing after mortgage default | 2 months |
| 2ZA-2ZD | A superior lease or tenancy is coming to an end | 2 months |
| 4 | Student let granted by an educational establishment | 2 weeks |
| 4A | HMO landlord re-letting to students for the new academic year (new) | 2 weeks |
| 5 | Property held for occupation by a minister of religion | 2 months |
| 5A-5H | Agricultural, supported and registered-provider housing needed for an eligible occupier (new cluster) | 2 weeks-2 months |
| 6 | Redevelopment or demolition requiring vacant possession | 4 months |
| 6A | Continued letting would breach enforcement action such as a banning order (new) | 4 months |
| 7 | Death of the tenant with no statutory succession | 2 months |
| 7A | Serious anti-social behaviour (conviction or breach of an injunction) | 2 weeks-4 weeks |
| 7B | Tenant or an occupier has no right to rent under immigration rules | 2 weeks |
| 8 | Serious rent arrears: at least 3 months' (or 13 weeks') rent unpaid | 4 weeks |
Note the two headline reforms. Grounds 1 and 1A (moving in and selling) now need four months' notice and are blocked for the first 12 months of a tenancy, so you cannot let, then quickly reclaim. And Ground 8 arrears rose from two months to three months, with notice up from two to four weeks.
The discretionary grounds
| Ground | What it covers | Notice period |
|---|---|---|
| 9 | Suitable alternative accommodation is available for the tenant | 2 months |
| 10 | Some rent lawfully due is unpaid | 4 weeks |
| 11 | Persistent late payment of rent, even if little is owed on the day | 4 weeks |
| 12 | Breach of a tenancy obligation other than rent | 2 weeks |
| 13 | Property condition has deteriorated through the tenant's neglect | 2 weeks |
| 14 | Anti-social behaviour, nuisance or annoyance | No notice period (proceedings can begin at once) |
| 14ZA | Tenant convicted of an offence during a riot | 2 weeks |
| 14A | Domestic abuse (social landlords only) | 2 weeks |
| 15 | Furniture damaged by the tenant or their household | 2 weeks |
| 16 | Tenancy was tied to employment that has now ended | 2 months |
| 17 | Tenancy was granted because of a false statement | 2 weeks |
Ground 14 is the one with no minimum notice, which is why serious anti-social behaviour is often pursued alongside the mandatory Ground 7A rather than on rent grounds alone.
Worked example: why the Ground 8 threshold bites
Say the rent is £1,200 a month and your tenant falls behind. Ground 8 is mandatory, but only if at least three months' rent is unpaid both on the day you serve notice and on the day of the hearing. Three months here is £3,600.
Your tenant reaches £3,900 of arrears, so you serve a valid Section 8 notice citing Ground 8 with four weeks' notice. Before the hearing they scramble together £600 and pay it, dropping the balance to £3,300. That is now below the £3,600 threshold, so the mandatory ground fails. The judge is not obliged to evict.
You are not left with nothing, because you would normally cite Grounds 8, 10 and 11 together. The court can still grant possession on discretionary Ground 10 (rent is owed) or Ground 11 (persistent lateness), but only if it decides eviction is reasonable, and it may instead make a suspended order tied to a repayment plan. The lesson: keep a dated arrears schedule, serve early, and never rely on a single ground.
Practical points before you serve
- Use Form 3. Section 8 notices must be on the prescribed form and state every ground you rely on and the facts behind each. A defective notice gets thrown out and you start again.
- Get the deposit and compliance right first. Deposit protection, a valid gas safety record, EPC and the How to Rent guide all still gate your claim.
- Pick the right notice period. Where you cite grounds with different periods, the longest usually governs when you can apply to court.
- Keep evidence contemporaneous. Rent statements, dated photographs, letters and log entries are what win a hearing, especially on discretionary grounds.
This is general information, not tax or financial advice. Possession law is fact-sensitive and changed materially in 2026, so check the current grounds and notice periods on gov.uk and take advice on your specific case before serving any notice.
