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URGENT · May 2026section 8 eviction grounds 2026

Section 8 Eviction Grounds 2026: Your Complete Guide After Section 21 Was Abolished

Section 21 is gone. Here's every ground you can now use to recover possession — and the compliance prerequisites that can void your notice.

Last updated: March 2026·12 min read·Applies to: England & Wales

In this guide

  1. 1The Critical Prerequisites
  2. 2Ground 8 — Serious Rent Arrears
  3. 3Ground 1A — Sale of Property
  4. 4Ground 1 — Personal/Family Occupation
  5. 5Discretionary Grounds 9–17
  6. 6How LandlordAssist Helps

Section 21 — the no-fault eviction notice — was permanently abolished on 1 May 2026. Every eviction now requires a valid Section 8 ground. This guide covers every ground, the notice periods, the new arrears thresholds, and — critically — the compliance prerequisites that can void your notice before you've even served it.

The Critical Prerequisites

Most landlords miss this — and it voids every ground, even Ground 8.

Before serving any Section 8 notice, all of the following must be true. If even one is missing, the notice is invalid and a court will strike it out — regardless of how serious the arrears are.

  • Tenancy deposit protected AND prescribed information served to the tenant
  • Current gas safety certificate (CP12) provided to the tenant
  • Current EICR (Electrical Installation Condition Report) provided to the tenant
  • Current EPC (Energy Performance Certificate) provided to the tenant
  • How to Rent guide (correct edition) provided at the start of the tenancy
  • RRA Information Sheet provided — mandatory from 1 May 2026

One lapsed certificate voids your notice

One lapsed gas safety certificate voids your Section 8 notice on that property — even for serious rent arrears. LandlordAssist checks all six prerequisites before drafting any notice.

LandlordAssist checks every prerequisite before drafting your Section 8 notice.

One compliance gap means starting again from scratch — court fees, lost time, and continued arrears.

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Ground 8 — Serious Rent Arrears

Mandatory ground — court must grant possession if proven

Ground 8 is the landlord's strongest tool for recovering possession. If proven, the court must grant possession — there is no judicial discretion.

Arrears thresholdAt least 3 months' rent (increased from 2 months pre-May 2026)
When arrears must be owedBoth at the date of the notice AND at the date of the court hearing
Notice period4 weeks
Court discretionNone — possession must be granted if ground proven

Key risk: If a tenant pays down arrears between the notice date and the hearing — dropping below the 3-month threshold — the mandatory ground fails. You must re-serve. Courts will not adjourn indefinitely.

Ground 1A — Sale of Property

New from May 2026 · Replaces the section 21 sale mechanism

Ground 1A was introduced by the Renters' Rights Act 2026 to allow landlords who genuinely intend to sell their property to recover possession without needing a fault-based ground.

RequirementLandlord genuinely intends to sell the property
Notice period4 months
Tenancy restrictionCannot be used in the first 12 months of the tenancy
Tenant challengeTenant has the right to challenge if the property is not put on the market — or if the sale does not proceed within a reasonable period

Ground 1 — Personal or Family Occupation

Discretionary · Subject to court approval

Ground 1 allows a landlord to recover possession when they — or a close family member — genuinely intends to move into the property as their primary home.

Who qualifiesThe landlord, or a close family member (spouse, civil partner, parent, grandparent, child, grandchild, or sibling)
Notice period4 months
Tenancy restrictionCannot be used in the first 12 months of the tenancy

Discretionary Grounds (9–17)

Court may grant or refuse possession — judges have full discretion

For discretionary grounds, the court will consider whether it is reasonable to grant possession, even if the ground is proven. Document your evidence thoroughly before serving notice.

Ground 10

Some rent arrears

4 weeks notice

Tenant owes some rent but below the Ground 8 threshold. Court has full discretion — rarely succeeds without Ground 8 also pleaded.

Ground 11

Persistent late payment

4 weeks notice

Pattern of late rent payments even if not currently in arrears. Requires clear rental payment history as evidence.

Ground 12

Breach of tenancy terms

4 weeks notice

Tenant has breached a term of the tenancy agreement (other than payment of rent). Must be a real, evidenced breach.

Ground 13

Property deterioration

4 weeks notice

Condition of the property has deteriorated due to waste, neglect or default by the tenant. Requires photographic evidence and inspection reports.

Ground 14

Nuisance or anti-social behaviour

2 weeks notice

Nuisance, annoyance or illegal activity. Only ground with a 2-week notice period — and no minimum tenancy restriction.

Ground 17

False statement by tenant

4 weeks notice

Tenant induced the landlord to grant the tenancy by a knowingly false statement. Requires clear evidence the statement was made and was false.

How LandlordAssist Helps

Compliance preflight, notice drafting, and an evidence trail — all in one place

Pre-notice compliance preflight

Automatically checks all six prerequisites — deposit protection, gas cert, EICR, EPC, How to Rent guide, and RRA Information Sheet — before allowing any notice to be drafted. One gap, and LandlordAssist flags it and tells you exactly how to fix it.

Notice drafting

Correct ground, correct notice period, legally compliant wording. Served via the platform with timestamped delivery confirmation.

Evidence log

Every deposit protection event, certificate service, inspection, and tenant communication is timestamped and stored. If you go to court, your evidence is already organised.

Ready to stop tracking this in a spreadsheet?LandlordAssist tracks this automatically→ Get early access →