How to Evict a Tenant Using Section 8: All Grounds Explained
Section 8 grounds let you regain possession for specific breaches like rent arrears, anti-social behaviour or sale. Here's every ground, the notice period and what the court expects.
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Introduction
now that Section 21 has been abolished, Section 8 becomes the only route to possession. Every landlord needs to know the grounds, notice periods and evidence required. This guide covers every ground, in plain English.
Mandatory grounds 1–8
Ground 1: landlord moving back into former home (prior notice required). Ground 2: lender repossession. Ground 3–5: holiday/student/minister of religion lets. Ground 6: demolition/redevelopment. Ground 7: succession on death. Ground 7A: serious anti-social behaviour. Ground 7B: no right to rent. Ground 8: at least two months' rent arrears (or 8 weeks weekly) at notice and hearing.
Discretionary grounds 9–17
Ground 9: suitable alternative accommodation available. Ground 10: some rent arrears at notice and hearing. Ground 11: persistent late payment. Ground 12: any other breach of tenancy (subletting, pets in breach). Ground 13: deterioration of the property. Ground 14: anti-social behaviour. Ground 14A: domestic violence. Ground 15: deterioration of furniture. Ground 16: tied accommodation. Ground 17: tenancy obtained by false statement.
Notice periods
Ground 8/10/11 (rent arrears): four weeks under temporary covid-era rules now restored to two weeks. Ground 14: notice can be immediate. Ground 7A: one month (periodic) or notice expiring after fixed term. Most other grounds: two weeks to two months — always check the prescribed form.
Prescribed Form 3
All Section 8 notices must use Form 3 (England) listing every ground relied on with full particulars. Wrong form, missing dates or incomplete particulars = invalid notice = case dismissed.
Court process
After notice expires, issue an N5/N119 claim at the County Court. Standard track gets a hearing within 8 weeks; accelerated only for Ground 8 with documentary evidence. Mandatory grounds usually heard in 10 minutes; discretionary grounds may need full hearing and witnesses.
Defence and counterclaims
Tenants commonly defend with disrepair counterclaims under the Homes Act 2018. Have your repair records, gas safety, EICR and inspection logs ready. A solid disrepair counterclaim can wipe out arrears entirely.
After Renters' Rights Act
New grounds include: sale of the property, owner or family moving in, certain redevelopment scenarios. Some are mandatory with protected periods (no eviction in the first 12 months). Discretionary grounds remain but courts have additional reasonableness factors to consider.
Final word
Smart Sleep Property handles the heavy lifting — referencing, compliance, deposits, repairs, and full tenancy management across Norwich and Norfolk. Get in touch if you'd like us to handle this for you.
Frequently asked questions
What is the key rule for section 8 grounds for possession?+
Section 8 of the Housing Act 1988 lists 17 grounds for possession. Grounds 1–8 are mandatory (court must grant possession if proved). Grounds 9–17 are discretionary (court can refuse if reasonable). The most-used grounds are 8, 10 and 11 (rent arrears) and 14 (anti-social behaviour). Notice periods
Does this apply across England?+
Yes — this guide covers England. Scotland, Wales and Northern Ireland have separate but broadly similar regimes.
Where can I get help?+
Smart Sleep Property offers compliance support, document templates and full management for Norwich and Norfolk landlords.
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