With Section 21 abolished, every landlord in England who wants a property back now has to rely on a Section 8 ground. That used to be a back-up route for rent arrears and bad behaviour. It is now the front door, and it is much less forgiving. You need a valid ground, the right notice on the right form, evidence, and a compliant tenancy behind you. Get one of those wrong and a court can refuse possession. This edition walks through the grounds most private landlords will actually use, what changed on notice periods, and where claims fall over.
The Basics: Form 3A and the Court
Section 8 notices for private tenancies are served on Form 3A. The old Form 6A can no longer be used from 1 May 2026. You must plead each ground using the prescribed legal wording, not just the ground number, and explain the facts behind it.
A notice does not end the tenancy. If the tenant stays after the notice expires, you must apply to court for a possession order. Only then can bailiffs be involved.
Where a notice cites several grounds with different notice periods, the longest generally applies. The exceptions are the anti-social behaviour grounds (7A and 14), which allow proceedings to start immediately.
Mandatory vs Discretionary
This distinction decides how much risk you carry.
Mandatory grounds: if the ground is proved and nothing else blocks the order, the court must grant possession.
Discretionary grounds: the court decides whether possession is reasonable, and can refuse it or suspend it on conditions, such as the tenant paying the arrears off in instalments.
The Grounds Most Private Landlords Will Use
Ground | What it covers | Type | Notice |
1 | You or close family want to move in | Mandatory | 4 months |
1A | You intend to sell | Mandatory | 4 months |
2 | Mortgage lender requires vacant possession | Mandatory | 4 months |
6 | Redevelopment | Mandatory | 4 months |
7A | Severe anti-social behaviour or relevant conviction | Mandatory | Immediate |
8 | Serious rent arrears | Mandatory | 4 weeks |
10 | Any rent arrears | Discretionary | 4 weeks |
11 | Persistent late payment | Discretionary | 4 weeks |
12 | Breach of tenancy term (non-rent) | Discretionary | 2 weeks |
13 | Tenant has damaged the property | Discretionary | 2 weeks |
14 | Anti-social behaviour or nuisance | Discretionary | Immediate |
17 | Tenancy obtained by a false statement | Discretionary | 2 weeks |
Other grounds exist for niche situations, such as student HMOs, superior landlords and supported accommodation. If one of those might apply to you, read the full list on GOV.UK.
Rent Arrears: Ground 8 Got Harder
Ground 8 is still the strongest arrears route, but the bar has risen:
The threshold is now three months' rent, or 13 weeks if rent is paid weekly or fortnightly. It was two months.
Notice is now four weeks, up from two.
The arrears must meet the threshold both when you serve the notice and at the hearing. If the tenant pays enough to drop below it before the hearing, the mandatory ground fails.
That last point is the trap. A tenant who pays down to two months and a bit the week before court can turn a mandatory claim into a discretionary one. This is why landlords are advised to plead Grounds 10 and 11 alongside Ground 8: they have no minimum figure and keep the claim alive, although the court then decides whether possession is reasonable and a suspended order is a common outcome for modest arrears.
Selling or Moving In: Grounds 1 and 1A
These are the grounds that replace "I want my house back" Section 21 notices, and they are the most restricted:
Four months' notice.
Not in the first 12 months. The notice date can't fall inside the first year of the tenancy.
Evidence of genuine intention. For a sale, expect to be challenged on whether you really intend to sell.
A re-letting restriction. One legal guide reports that from the day you serve notice until 12 months after the date in it, you can't re-let or market the property to let, and that breaching this is a criminal offence. I could not confirm this on GOV.UK. If you are planning a Ground 1 or 1A claim, read the current Form 3A guidance before you serve.
Ground 1A is mandatory but not a quick route. Treat it as a four-month-plus process, not an instant one.
Anti-Social Behaviour: Grounds 7A and 14
Both allow proceedings to start without waiting for a long notice period, and both are exempt from some of the compliance gates below. Ground 7A is mandatory and tied to specific things such as a relevant conviction, breach of an injunction or a closure order. Ground 14 is discretionary, so the court weighs reasonableness. For Ground 14, dated incident logs, correspondence and third-party complaints are what carry the case.
Compliance Gates That Can Block a Claim
A valid ground is not enough if your own house isn't in order. Possession can be blocked or put at risk where:
The deposit was not protected or the prescribed information was not given.
A required HMO or selective licence is missing.
You are not registered on the PRS Database once it applies in your region (opening from 15 December 2026 in the West Midlands, rolling out region by region).
You are not a member of the PRS Landlord Ombudsman once that scheme is live, expected 2028.
Grounds 7A and 14 are the exceptions to these gates. For everything else, fix your compliance before you serve a notice, not after the tenant's adviser points to the gap.
Common Mistakes
Using an old form or a template downloaded before May 2026.
Citing the ground number but not the statutory wording and facts.
Serving too early. Count the notice period correctly and allow for how the tenancy agreement says notices can be served.
Relying on Ground 8 alone when arrears are close to the threshold.
No evidence. Rent statements, dated logs, photos, correspondence and sale instructions are what a judge reads.
Treating the notice as the end. If the tenant doesn't leave, you still need a court order.
How Long Does It Take?
One legal guide citing Ministry of Justice figures puts the median time to a possession order at around eight weeks, and the median time to bailiff repossession at around 28 weeks. Treat six months or more from first notice as a realistic planning assumption, and longer if the tenant defends the claim.
Notices Served Before 1 May 2026
If you served a Section 8 or Section 21 notice before 1 May 2026, GOV.UK says court proceedings generally had to be started by the earlier of the notice's remaining time or 31 July 2026. After that, the tenancy becomes an assured periodic tenancy and the updated Section 8 grounds apply.
Checklist Before You Serve
Pick the right ground, or several. A situation that feels unfair is not automatically a ground.
Use the current Form 3A and the full prescribed wording for each ground.
Check your own compliance: deposit, licensing, and PRS Database or Ombudsman once they apply.
Count the notice period carefully, including the longest period where grounds are combined.
Gather evidence before you serve, not after.
Serve in a way your tenancy agreement permits, and keep proof.
Consider the tenant's position. A conversation or payment plan often resolves arrears faster than a court.
Bottom Line
Section 8 is now the only route, and it rewards preparation. Mandatory grounds are strong but narrower than most landlords expect, discretionary grounds depend on a judge's view of reasonableness, and any gap in your own compliance can turn a good claim into a refused one. If you are likely to need possession in the next year, tidy your paperwork now and take advice before you serve.
Know a landlord still planning a no-fault notice? Forward this on.
Next edition: Tuesday 27 October, with another essential compliance update for UK landlords.
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