Legal reference
Landlords seeking possession of an assured periodic tenancy must now rely on Section 8 of the Housing Act 1988 (as amended by the Renters' Rights Act 2025).
Start here
Section 21 — the "no-fault" notice — has been abolished. Every possession claim must now rest on one of the grounds set out in Schedule 2 to the Housing Act 1988, as amended by Schedule 1 to the Renters' Rights Act 2025. This page is the reference table of the grounds, their notice periods, and whether each is mandatory (the court must order possession if the ground is proven) or discretionary (the court orders possession only if it considers it reasonable to do so).
The new reality
The abolition of Section 21 means that possession is now a contested process in front of a court. A landlord cannot end an assured periodic tenancy without naming and proving a ground. The tenant has the right to defend, and free legal advice is available through the Housing Loss Prevention Advice Service (HLPAS) before and on the day of any possession hearing.
Section 8 is now the only mechanism. The notice (Form 3) must cite the specific grounds relied on, with the prescribed notice period, supported by evidence sufficient to satisfy the court. Even on a mandatory ground, the court process typically takes several months from notice to possession order — and longer where the tenant defends. Landlords should not assume immediate possession after the notice period expires.
The operational reality is that every managed-tenancy possession claim is now a documented, evidence-based exercise. We verify deposit protection at the point of any Section 8 notice (the court will not make a possession order if the deposit has not been protected under HA2004 s.215 as amended). We prepare and serve the notice on the landlord's instructions, and we coordinate with the landlord's eviction specialist or with the rent guarantee insurer where one is in place.
Mandatory grounds
These are the grounds that arise routinely on private-sector tenancies. The "no-fault" Section 21 notice having been abolished, the mandatory grounds below are the only routes to a guaranteed possession outcome if proven — and each carries strict statutory pre-conditions.
The landlord (or a close family member) intends to use the property as their only or principal home. Notice: 4 months. Cannot expire in the first 12 months of the tenancy.
The landlord intends to sell. Notice: 4 months. Cannot expire in the first 12 months of the tenancy. Cannot be used on a pre-1 May 2026 non-shorthold assured ("lifetime") tenancy.
The lender requires vacant possession to enforce a mortgage. Notice: 4 months.
The property is or is in an HMO let to full-time students, and the landlord intends to re-let to a fresh cohort. Notice: 4 months, ending between 1 June and 30 September. The landlord must have given written notice before the tenancy began that this ground might be used.
Held for occupation by a minister as a residence from which to perform the duties of office. Notice: 2 months.
Let in consequence of employment by the landlord (or via agreement with the employer) and the tenant has ceased that employment, or the tenancy was for the early period of employment and that purpose has been fulfilled. Notice: 2 months. (Previously Ground 16, where it was discretionary; renumbered to 5C and made mandatory by Schedule 1 paragraph 14 of the RRA.)
Notice: 4 months. Generally cannot be served in the first 6 months of the tenancy.
Where letting the dwelling would breach a banning order; where an improvement or prohibition notice has been issued; where an HMO or selective licence has been refused or revoked; where an HMO is occupied above the licensed maximum; or where a planning enforcement notice or injunction makes continued occupation incompatible. Notice: 4 months.
The tenancy has devolved on a person who was not occupying as their only or principal home immediately before the former tenant's death (or, in narrow successor cases, the new tenant inherited a special tenancy). Notice: 2 months. Proceedings must begin within 12 months of the death.
The tenant (or a person residing with or visiting them) has been convicted of a serious offence, breached an injunction, breached a closure order excluding occupation for more than 48 hours, or similar. No statutory notice period — the landlord can apply to court immediately, but the court cannot make a possession order for 14 days from service of the notice.
The Secretary of State has notified the landlord that the tenant does not have, or has lost, immigration permission to occupy. Notice: 2 weeks.
At the date of the Section 8 notice and at the date of the court hearing, the tenant must owe at least 13 weeks' rent (weekly or fortnightly tenancies) or at least 3 months' rent (monthly tenancies). Thresholds raised by Schedule 1 paragraph 24 of the RRA from 8 weeks / 2 months pre-RRA. Any amount unpaid only because the tenant has not yet received a Universal Credit award is disregarded. Notice: 4 weeks.
Discretionary grounds
On a discretionary ground the court has discretion. Even where the ground is proven, the court may refuse possession, may suspend the order, or may order possession on conditions. Discretionary grounds tend to be the rent-arrears-below-the-Ground-8-threshold cases, breaches of tenancy obligations other than rent, and anti-social behaviour cases below the Ground 7A threshold.
Other accommodation suitable for the tenant has been or will be available when the order takes effect. Notice: 2 months.
The tenant owes some rent at the date of the notice and at the start of proceedings. Notice: 4 weeks.
A pattern of late payment, even if there are no arrears at the date of the notice. Notice: 4 weeks.
Unauthorised pet, alterations, subletting, and similar breaches. Notice: 2 weeks.
Due to the tenant's acts of waste, neglect, or default (or that of a person residing with the tenant for whom the tenant has not taken reasonable steps). Notice: 2 weeks.
The tenant (or person residing or visiting) has been guilty of conduct causing nuisance or annoyance to a person residing in, visiting, or engaging in lawful activity in the locality, or has been convicted of using the dwelling for immoral or illegal purposes or of an indictable offence in the locality. No statutory notice period — landlord can apply to court immediately, but the court cannot make a possession order for 14 days from service of the notice.
Notice: 2 weeks.
By the tenant or a person residing with them for whom the tenant has not taken reasonable steps. Notice: 2 weeks.
Knowingly or recklessly made by the tenant or a person at the tenant's instigation. Notice: 2 weeks.
Out of scope
The RRA 2025 introduces several grounds that apply only to specific landlord categories: PRPs of social housing, registered charities, supported-accommodation providers, agricultural landlords, social landlords, or landlords letting under a local authority's homelessness duty. These include Grounds 1B, 2ZA-2ZD, 4, 5A, 5B, 5D, 5E, 5F, 5G, 5H, 6A, 14A, and 18.
Harvey W James does not, in the ordinary course of business, manage tenancies that fall under these grounds. We list them here for completeness only. Where any of these grounds appears relevant to a managed property, we escalate to a director and obtain legal advice before serving notice.
Before you serve
A landlord can rely on more than one ground in a single Section 8 notice. Where the notice cites grounds with different notice periods, the longest applicable period applies (HA1988 s.8(4AA) inserted by RRA s.5). Notices that combine Ground 8 with Grounds 10 and 11 on arrears are a common pattern — Ground 8 secures the mandatory route if the arrears threshold is met at the hearing, and Grounds 10 and 11 act as discretionary fallbacks if arrears have been paid down below the Ground 8 threshold by the hearing date.
Ground 3 (holiday accommodation) was omitted from Schedule 2 by Schedule 1 paragraph 8 of the RRA 2025 and is no longer available.
Even on a mandatory ground, the court process can take several months. The tenant is entitled to defend the claim and to receive free legal advice through HLPAS before and on the day of any possession hearing. Landlords should not assume immediate possession after the notice period expires.
The court will not make a possession order if the deposit has not been protected in a government-approved tenancy deposit scheme (Housing Act 2004 s.215 as amended). Harvey W James verifies deposit protection at the point of any Section 8 notice on a managed tenancy. Where protection is not in place, we put it in place — or the landlord remedies the position — before any notice is served.
Once the Private Rented Sector Database goes live (Section 92 of the Renters' Rights Act 2025, expected late 2026), failure to register on the Database prevents the landlord from issuing Section 8 possession claims other than for serious anti-social behaviour. We manage registration on behalf of managed clients via Lettspay; for non-managed clients, we can do the same on request.
The prescribed form is Form 3 — notice seeking possession of a property let on an assured tenancy — published on gov.uk under "Assured tenancy forms". Use the version current at the date of service. A defective notice will be challenged and may need to be re-served, restarting the notice period.
Managed-tenancy process
On managed tenancies, the arrears workflow is documented and operates through Goodlord's Lettings Accounts platform. The schedule below summarises ETC v2.1.5 §70 [POSSESSION-002] in plain English.
Eviction is a last resort after other avenues have been exhausted. Where Rent Guarantee and Tenant Eviction Insurance are in place, we initiate the claim with the insurer and the insurer takes over communication. Where no insurance is in place, we assist the landlord in instructing an eviction specialist; legal and court fees are the landlord's responsibility and may be claimed from the tenant.
Related pages
For the full post-RRA regulatory framework, see The Renters' Rights Act 2025. For the operational pitch for landlords, see the Landlords page. For the legally binding contract version of our operational terms, see the Landlord Terms of Business. For the full tenant-rights explainer, see the Tenants page. For the complaints procedure and the two external redress routes, see the Internal Complaints Procedure. For specific questions, see the FAQ. For terminology, see the Glossary.
Contacts & registers
This page reflects Harvey W James' operational understanding of the Housing Act 1988 (as amended by the Renters' Rights Act 2025), in particular section 8 and Schedule 2; of the Renters' Rights Act 2025 (chapter 26), in particular section 5 and Schedule 1; and of MHCLG's Grounds for possession: guidance for landlords and letting agents (updated 1 May 2026). It is not legal advice. For the published Act text refer to legislation.gov.uk; for your specific situation seek independent legal advice. Last reviewed against Essential Terms and Charges v2.1.5 (7 May 2026).
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