Section 8 grounds for possession under the Housing Act 1988, and which ones the court can refuse

In England, Section 8 possession now means using the Housing Act 1988 Schedule 2 grounds through the court; Wales, Scotland and Northern Ireland use different regimes. The key practical distinction is whether the ground is mandatory, where the court must make a possession order if the ground is proved, or discretionary, where the court can refuse possession if eviction is not reasonable.

What are the Section 8 grounds for possession?

Section 8 grounds for possession are the Housing Act 1988 Schedule 2 reasons a landlord can put in a notice seeking possession for an assured tenancy in England, with mandatory grounds in Part I and discretionary grounds in Part II. Section 8 is the notice mechanism, not the list itself: the Housing Act says, “The court shall not make an order for possession of a dwelling-house let on an assured tenancy except on one or more of the grounds set out in Schedule 2 to this Act”. Current section 8 notice grounds include rent arrears, landlord occupation, sale, redevelopment, anti-social behaviour, damage, tenancy breach and false statement grounds. Wales no longer uses Housing Act 1988 grounds because no dwelling in Wales can now be an assured tenancy; Scotland has separate private residential tenancy grounds; Northern Ireland uses notice to quit rather than Housing Act 1988 Schedule 2 grounds.

What is the difference between a mandatory and a discretionary ground?

A mandatory ground means the court must make a possession order if the landlord proves the ground, while a discretionary ground means the court may still refuse possession unless eviction is reasonable. The Housing Act 1988 says of Part I Schedule 2 grounds: “If the court is satisfied that any of the grounds in Part I of Schedule 2 to this Act is established then , subject to subsections (5A) and (6) the following provisions of this section and section 10A below (and to any available defence based on the tenant's Convention rights, within the meaning of the Human Rights Act 1998), the court shall make an order for possession.” For Part II grounds, the Act says the court “may make an order for possession if it considers it reasonable to do so.” The current England private-tenancy notice is clear that discretionary grounds run 9 to 18, not 9 to 17; older GOV.UK tenant guidance saying 9 to 17 is out of date.

Which grounds cover rent arrears - Grounds 8, 10 and 11?

From 1 May 2026 the mandatory Ground 8 arrears threshold rose from two months' rent to three, so most existing guidance that still says two months is now wrong. Ground 8 is the serious rent arrears ground: GOV.UK says it applies where the tenant owes “at least 3 months’ rent, if they pay rent monthly or at least 13 weeks’ rent, if the rent is paid weekly or fortnightly.” Ground 8 must be satisfied both when the Section 8 notice is served and at the hearing, because Schedule 2 begins the test with “Both at the date of the service of the notice under section 8 of this Act relating to the proceedings for possession and at the date of the hearing”. Ground 10 is discretionary and needs only “Some rent lawfully due from the tenant”. Ground 11 is discretionary persistent late payment, “Whether or not any rent is in arrears on the date on which proceedings for possession are begun”. Landlords often plead Grounds 8, 10 and 11 together, but the Act permits one or more grounds; it does not require all three. Because Ground 8 must be proved both when the notice is served and again at the hearing, a running arrears record against the tenancy — the kind Abodient keeps automatically — gives a landlord the two dated snapshots that ground actually needs, rather than reconstructing rent history from a bank app.

What counts as a breach of tenancy under Ground 12?

Ground 12 covers any broken or unperformed tenancy obligation other than paying rent, but it is discretionary, so the court can refuse possession if eviction is not reasonable. The statutory wording is deliberately broad: “Any obligation of the tenancy (other than one related to the payment of rent) has been broken or not performed.” That can include breaches of terms about pets, subletting, garden upkeep, access for repairs or safety works, provided the term is actually in the tenancy agreement and the evidence shows breach. It does not cover unpaid rent, because rent has its own grounds, especially Grounds 8, 10 and 11. A tenant who refuses access to an electrician to fix a live safety fault may create a Ground 12 issue if the tenancy contains an access covenant and the landlord can show the refusal was unreasonable. A tenant who never paid an agreed deposit may also be a breach issue, but continued rent acceptance can affect reasonableness and remedy rather than automatically erasing the breach.

What is the remedy when a tenant breaches the tenancy or the lease?

For an assured tenancy in England, the possession remedy for a non-rent breach of the tenancy agreement is usually a Section 8 notice relying on discretionary Ground 12, followed by a court claim if the tenant does not leave or remedy the issue. Ground 12 is not self-help eviction: the Housing Act says that, where an assured-tenancy possession order is obtained, “the tenancy ends when the order is executed.” Because Ground 12 is a Part II discretionary ground, the court may order possession only if it considers possession reasonable; that is why evidence of the breach, its seriousness, warnings, the tenant’s response and whether the breach has been remedied all matter. For private landlords after 1 May 2026, GOV.UK says a non-rent possession claim still uses paper forms: “You will need to fill in the paper standard possession claim form (N5) and the particulars of claim form (N119).” This is about assured-tenancy possession, not long-lease forfeiture.

What are Grounds 1 and 1A, when the landlord needs the property back?

Ground 1 is the mandatory ground for the landlord or specified family members to occupy the property as their only or principal home, while Ground 1A is the mandatory ground where the landlord intends to sell. For Ground 1, the Renters’ Rights Act wording requires that “The current tenancy began at least 1 year before the relevant date and the landlord who is seeking possession requires the dwelling-house as the only or principal home”. Ground 1A applies where “the landlord who is seeking possession intends to sell a freehold or leasehold interest in the dwelling-house or to grant a lease of the dwelling-house for a term certain of more than 21 years”. GOV.UK summarises both as mandatory: “These grounds are mandatory which means if you can prove the ground, the court will give you a possession order to start the process of evicting your tenant.” Ground 1A cannot be used for an assured tenancy created before 1 May 2026 that was not an assured shorthold tenancy.

Can you evict a tenant to redevelop or renovate the property - Ground 6?

Yes, Ground 6 can be used in England where the landlord needs to redevelop or demolish the property and the tenant cannot live there while the works are done, but it is not a general right to evict for ordinary refurbishment. GOV.UK says, “You can use this ground if you need to redevelop or demolish the property, and your tenant cannot live there whilst it is being demolished or redeveloped.” The same guidance says, “You must give 4 months’ notice before you can apply to the court for a possession order to evict your tenant,” and adds that “Usually, you cannot evict someone on this basis in the first 6 months of the tenancy but the exact requirements can vary.” There is no statutory pounds-and-pence renovation threshold; the practical question is whether the proposed works are substantial enough that occupation cannot continue. Scotland’s renovation ground is not Housing Act 1988 Ground 6, and Wales does not use Housing Act 1988 Ground 6 for occupation contracts.

What is Ground 7A, the mandatory ground tied to a conviction?

Ground 7A is a mandatory possession ground for serious anti-social behaviour triggered by specified conditions, including a serious offence conviction involving the tenant, someone living at the property or a visitor. Schedule 2 states Condition 1 as where “the tenant, or a person residing in or visiting the dwelling-house, has been convicted of a serious offence”. The timing is strict: for a conviction-based Ground 7A notice, the Housing Act refers to “the period of 12 months beginning with the day of the conviction”. For England notices from 1 May 2026, GOV.UK says there is no notice waiting period before issuing the claim: “You do not need to give a notice period as you can apply immediately to the court to start the process to evict your tenant once you give them notice.” That makes Ground 7A different from ordinary discretionary anti-social behaviour cases, but the landlord still needs the court process; the notice alone does not end the tenancy.

What is Ground 14, and is there such a thing as a section 14 notice?

Ground 14 is the discretionary Housing Act 1988 anti-social behaviour ground, and there is no separate Housing Act 1988 section 14 notice for private assured-tenancy eviction. Schedule 2 Ground 14 applies where the tenant or another relevant person “has been guilty of conduct causing or likely to cause a nuisance or annoyance to a person residing, visiting or otherwise engaging in a lawful activity in the locality”. The notice used is a Section 8 notice: GOV.UK says, “You can evict tenants who have an assured periodic tenancy using a section 8 notice.” Ground 14 is often confused with other numbering systems, but a section 14 notice is not the private-landlord eviction form under the Housing Act 1988. The Housing Act 2004 does contain a section 14 about suspending an improvement notice, but that is housing enforcement, not a possession notice. Because Ground 14 is discretionary, the court can refuse possession if eviction is not reasonable.

What are Grounds 13 and 15, for damage to the property or its furniture?

Ground 13 covers deterioration of the dwelling-house or common parts caused by waste, neglect or default by the tenant or someone residing there, while Ground 15 covers deterioration of furniture provided under the tenancy caused by ill-treatment. Ground 13 says possession may be sought where “The condition of the dwelling-house or any of the common parts has deteriorated owing to acts of waste by, or the neglect or default of, the tenant or any other person residing in the dwelling-house”. Ground 15 is narrower and asks whether “The condition of any furniture provided for use under the tenancy has, in the opinion of the court, deteriorated owing to ill-treatment by the tenant or any other person residing in the dwelling-house”. Both are discretionary, so damage alone is not enough unless possession is reasonable. GOV.UK says for these grounds, “You must give 2 weeks’ notice before you can apply to the court for a possession order to evict your tenant.” General untidiness is usually a poor fit unless it has caused real deterioration.

What is Ground 15A?

Ground 15A is not a Housing Act 1988 ground at all; it is a Housing Act 1985 secure-tenancy ground used mainly by councils for under-occupation after succession in England. The Housing Act 1985 wording begins: “The dwelling-house is in England, the accommodation afforded by it is more extensive than is reasonably required by the tenant”. It also requires a succession context and excludes ordinary spouse or civil partner succession, referring to a case where “the tenancy vested in the tenant by virtue of section 89 (succession to periodic tenancy) or 90 (devolution of term certain) in a case where the tenant was not the previous tenant's spouse or civil partner”. Shelter’s practical summary is blunt: “Usually only councils use this ground.” A private landlord looking at Housing Act 1988 Schedule 2 should not treat Ground 15A as a missing private-rented-sector ground: private assured-tenancy furniture damage is Ground 15; Ground 15A belongs to the Housing Act 1985 secure-tenancy regime, not the Housing Act 1988 Schedule 2 grounds.

Are the Housing Act 1988 grounds still current after the Renters' Rights Act?

Yes, the Housing Act 1988 grounds are still current in England after the Renters’ Rights Act, but they were amended and became more important because Section 21 was abolished for private assured tenancies from 1 May 2026. The Renters’ Rights Act does not repeal Schedule 2; it says, “Schedule 2 to the 1988 Act(grounds for possession of dwelling-houses let on assured tenancies) is amended as follows.” The commencement regulations brought the core private-tenancy reforms into force on 1 May 2026: “Regulation 2 brings into force Chapter 1 of Part 1 of the 2025 Act, except section 25(3), on 1st May 2026, for the purposes of tenancies which are not social housing assured tenancies”. The roadmap states the practical result: “landlords in the PRS will no longer be able to use section 21 of the Housing Act 1988 to evict their tenants.” Abodient can store the tenancy record, notice documents and compliance history against the property, which matters because post-Section 21 possession depends on proving the right ground with the right evidence.

Last reviewed September 2026.

Sources

• Housing Act 1988 s.7 — “The court shall not make an order for possession of a dwelling-house let on an assured tenancy except on one or more of the grounds set out in Schedule 2 to this Act”. Source
• Housing Act 1988 s.7 — “If the court is satisfied that any of the grounds in Part I of Schedule 2 to this Act is established then , subject to subsections (5A) and (6) the following provisions of this section and section 10A below (and to any available defence based on the tenant's Convention rights, within the meaning of the Human Rights Act 1998), the court shall make an order for possession.” Source
• Housing Act 1988 s.7 — “may make an order for possession if it considers it reasonable to do so.” Source
• Form 3A guidance for landlords — “Discretionary grounds (grounds 9 to 18)”. Source
• GOV.UK grounds for possession guidance — “You can use this ground to evict your tenant if they owe you at least 3 months’ rent, if they pay rent monthly or at least 13 weeks’ rent, if the rent is paid weekly or fortnightly.” Source
• Housing Act 1988 Schedule 2 — “Both at the date of the service of the notice under section 8 of this Act relating to the proceedings for possession and at the date of the hearing—”. Source
• Housing Act 1988 Schedule 2 — “Some rent lawfully due from the tenant—”. Source
• Housing Act 1988 Schedule 2 — “Whether or not any rent is in arrears on the date on which proceedings for possession are begun, the tenant has persistently delayed paying rent which has become lawfully due.” Source
• Housing Act 1988 Schedule 2 — “Any obligation of the tenancy (other than one related to the payment of rent) has been broken or not performed.” Source
• Housing Act 1988 s.5 — “Where an order of the court for possession of the dwelling-house is obtained, the tenancy ends when the order is executed.” Source
• GOV.UK repossessing your privately rented property after 1 May 2026 — “You will need to fill in the paper standard possession claim form (N5) and the particulars of claim form (N119).” Source
• Renters’ Rights Act 2025 Schedule 1 — “The current tenancy began at least 1 year before the relevant date and the landlord who is seeking possession requires the dwelling-house as the only or principal home”. Source
• Housing Act 1988 Schedule 2 — “the landlord who is seeking possession intends to sell a freehold or leasehold interest in the dwelling-house or to grant a lease of the dwelling-house for a term certain of more than 21 years”. Source
• GOV.UK grounds for possession guidance — “These grounds are mandatory which means if you can prove the ground, the court will give you a possession order to start the process of evicting your tenant.” Source
• GOV.UK grounds for possession guidance — “You can use this ground if you need to redevelop or demolish the property, and your tenant cannot live there whilst it is being demolished or redeveloped.” Source
• GOV.UK grounds for possession guidance — “You must give 4 months’ notice before you can apply to the court for a possession order to evict your tenant.” Source
• GOV.UK grounds for possession guidance — “Usually, you cannot evict someone on this basis in the first 6 months of the tenancy but the exact requirements can vary.” Source
• Housing Act 1988 Schedule 2 Ground 7A — “the tenant, or a person residing in or visiting the dwelling-house, has been convicted of a serious offence”. Source
• Housing Act 1988 s.8 — “the period of 12 months beginning with the day of the conviction”. Source
• GOV.UK grounds for possession guidance — “You do not need to give a notice period as you can apply immediately to the court to start the process to evict your tenant once you give them notice.” Source
• Housing Act 1988 Schedule 2 Ground 14 — “has been guilty of conduct causing or likely to cause a nuisance or annoyance to a person residing, visiting or otherwise engaging in a lawful activity in the locality”. Source
• GOV.UK evicting tenants — “You can evict tenants who have an assured periodic tenancy using a section 8 notice.” Source
• Housing Act 1988 Schedule 2 Part II — “The condition of the dwelling-house or any of the common parts has deteriorated owing to acts of waste by, or the neglect or default of, the tenant or any other person residing in the dwelling-house”. Source
• Housing Act 1988 Schedule 2 Part II — “The condition of any furniture provided for use under the tenancy has, in the opinion of the court, deteriorated owing to ill-treatment by the tenant or any other person residing in the dwelling-house”. Source
• GOV.UK grounds for possession guidance — “You must give 2 weeks’ notice before you can apply to the court for a possession order to evict your tenant.” Source
• Housing Act 1985 Schedule 2 Ground 15A — “The dwelling-house is in England, the accommodation afforded by it is more extensive than is reasonably required by the tenant”. Source
• Housing Act 1985 Schedule 2 Ground 15A — “the tenancy vested in the tenant by virtue of section 89 (succession to periodic tenancy) or 90 (devolution of term certain) in a case where the tenant was not the previous tenant's spouse or civil partner”. Source
• Shelter England — “Usually only councils use this ground.” Source
• Renters’ Rights Act 2025 Schedule 1 — “Schedule 2 to the 1988 Act(grounds for possession of dwelling-houses let on assured tenancies) is amended as follows.” Source
• Renters’ Rights Act 2025 Commencement Regulations — “Regulation 2 brings into force Chapter 1 of Part 1 of the 2025 Act, except section 25(3), on 1st May 2026, for the purposes of tenancies which are not social housing assured tenancies”. Source
• GOV.UK Renters’ Rights Act roadmap — “landlords in the PRS will no longer be able to use section 21 of the Housing Act 1988 to evict their tenants.” Source