Understanding the New Section 8 Notice Periods Under the Renters’ Rights Act

The introduction of the Renters’ Rights Act has brought major changes to the possession process for landlords in England. With the abolition of Section 21 “no fault” evictions from 1 May 2026, landlords must now rely on specific Section 8 grounds when seeking possession of a property.

Understanding which grounds apply, whether they are mandatory or discretionary, and the correct notice periods is now more important than ever. Incorrect notices can delay possession claims and may require the process to start again.

Here we explain some of the most commonly used Section 8 grounds and what landlords need to know.

What Is the Difference Between Mandatory and Discretionary Grounds?

Mandatory Grounds

If the landlord can prove the ground applies, the court must grant possession.

Discretionary Grounds

The court will decide whether it is reasonable to grant possession, even if the landlord proves the ground applies. This means outcomes are less certain and depend heavily on the evidence presented.

Landlords must use the correct notice periods and provide supporting evidence for the grounds relied upon.

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Common Section 8 Grounds Explained

Ground 1 – Landlord or Family Member Moving In

Type: Mandatory
Notice Period: 4 months

Ground 1 allows a landlord to recover possession if they, or a close family member, intend to move into the property as their main home.

Under the new rules, landlords cannot require possession under this ground during the first 12 months of a tenancy. Notice may be served earlier, but it cannot expire before the initial 12-month protected period ends.

This ground is likely to become one of the most commonly used alternatives to Section 21.

Ground 1A – Intention to Sell the Property

Type: Mandatory
Notice Period: 4 months

Ground 1A enables landlords to regain possession where they genuinely intend to sell the property.

As with Ground 1, this ground cannot take effect during the first 12 months of the tenancy. Landlords should also be aware that there are restrictions on re-letting after recovering possession using this ground.

Evidence of an intention to sell may be required by the court.

Ground 8 – Serious Rent Arrears

Type: Mandatory
Notice Period: 4 weeks

Ground 8 applies where tenants are in serious rent arrears.

From May 2026, the threshold increases to:

• At least 3 months’ arrears for monthly tenants
• At least 13 weeks’ arrears for weekly or fortnightly tenants

The arrears must exist both:

• when the notice is served, and
• at the court hearing

If the tenant reduces the arrears below the threshold before the hearing, Ground 8 may fail.

Because of this, landlords often combine Ground 8 with Grounds 10 and 11 as a fallback.

Ground 10 – Some Rent Arrears

Type: Discretionary
Notice Period: 4 weeks

Ground 10 can be used where rent arrears exist at the date the notice is served and at the start of court proceedings, even if the arrears are below the Ground 8 threshold.

Because this is discretionary, the court will consider:

• the level of arrears
• the tenant’s payment history
• any mitigating circumstances

This ground is commonly used alongside Ground 8.

Ground 11 – Persistent Late Payment of Rent

Type: Discretionary
Notice Period: 4 weeks

Ground 11 applies where a tenant persistently pays rent late, even if they are not currently in arrears.

This ground can be useful where tenants repeatedly pay late, creating ongoing financial difficulties for landlords.

The court will consider whether the late payment history is serious enough to justify possession. Evidence such as rent schedules and payment records will be important.

Ground 12 – Breach of Tenancy Agreement

Type: Discretionary
Notice Period: 2 weeks

Ground 12 can be used where a tenant breaches the terms of the tenancy agreement.

Examples may include:

• keeping pets without permission
• causing damage
• subletting without consent
• failing to comply with other tenancy obligations

The breach must be clearly evidenced, and the court must believe it is reasonable to grant possession.

Ground 13 – Damage or Deterioration of the Property

Type: Discretionary
Notice Period: 2 weeks

Ground 13 applies where the tenant, or someone living with them, has caused the condition of the property or contents to deteriorate.

Typical examples include:

• deliberate damage
• neglect causing excessive deterioration
• failure to maintain the property in a tenant-like manner

Photographs, inspection reports, inventories and contractor evidence are often essential in supporting this ground.

Ground 14 – Anti-Social Behaviour

Type: Discretionary
Notice Period: Immediate proceedings permitted

Ground 14 covers anti-social behaviour, nuisance, criminal activity or behaviour causing annoyance to neighbours or the local community.

Unlike most grounds, court proceedings can begin immediately after the notice is served.

Examples include:

• harassment or intimidation
• serious noise nuisance
• drug-related activity
• violence or threatening behaviour

Courts treat these cases seriously, but strong supporting evidence is still required.

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Summary Table of Common Grounds

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Tenant Notice Requirements Under the New Rules

The Renters’ Rights Act also changes how tenants end their tenancy.

All assured tenancies are now periodic tenancies, meaning tenants can generally leave at any time by giving notice.

In most cases:

• tenants must provide at least 2 months’ notice
• the notice must usually align with the rental period

Tenants remain responsible for rent and tenancy obligations until the notice period expires and they vacate the property.

Landlords should ensure tenants understand their notice obligations clearly to help avoid disputes or confusion at the end of a tenancy.

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Final Thoughts

The removal of Section 21 means that landlords must now place much greater emphasis on compliance, record keeping and evidence gathering when managing tenancies.

Serving the wrong notice, using the incorrect ground, or failing to provide sufficient evidence could result in costly delays and failed possession claims.

If you are unsure which ground applies to your circumstances, it is important to seek professional advice before serving notice.

For the latest official guidance, landlords can visit GOV.UK guidance on grounds for possession

We have also created a free guide covering all of the changes that the Renters Rights Act brings – visit our Free Resources tab to download.