If you are seeking possession under Section 8 of the Housing Act 1988, understanding the difference between mandatory and discretionary grounds is essential. This distinction determines whether the court must grant you possession or merely has the power to do so. With Section 21 abolished by the Renters' Rights Act 2025, this knowledge matters more than ever.
What Are Mandatory Grounds?
With mandatory grounds, the court has no choice. If you prove the ground applies, the court must make a possession order. The judge cannot consider the tenant's personal circumstances. If the ground is proved, possession is granted.
The mandatory grounds are:
- Ground 1: Landlord or family member wants to live in the property
- Ground 1A: Landlord intends to sell the property (new under the RRA)
- Ground 2: Mortgage lender requires possession
- Ground 5: Property required for a minister of religion
- Ground 6: Landlord intends to demolish or substantially redevelop
- Ground 7: Periodic tenancy inherited on death of previous tenant
- Ground 7A: Tenant committed a serious offence or breached certain orders
- Ground 7B: Landlord prohibited from letting due to immigration status
- Ground 8: Tenant owes at least three months' rent at both notice and hearing
What Are Discretionary Grounds?
Discretionary grounds give the court the power to grant possession but do not require it. Even if you prove the ground applies, the judge must also be satisfied it is reasonable to make the order, weighing up all circumstances including the tenant's situation.
The key discretionary grounds are:
- Ground 8A: At least one month's arrears on three occasions in the preceding three years
- Ground 9: Suitable alternative accommodation is available
- Ground 10: Some rent is lawfully due and unpaid
- Ground 11: Persistent delay in paying rent
- Ground 12: Breach of a tenancy term other than rent
- Ground 14: Anti-social behaviour or conviction for a relevant offence
- Ground 14A: Property occupied by a couple where one has left due to domestic abuse
- Ground 14ZA: Tenant or another adult at the property convicted of an indictable offence at a riot in the UK
- Ground 17: Tenant obtained the tenancy by a false statement
Why This Matters in Practice
The practical difference is enormous. With Ground 8, if arrears of three months or more exist at both dates, the judge must grant possession regardless of circumstances. With Ground 10, even a strong arrears case can fail if the judge considers it unreasonable to evict because the tenant has a repayment plan.
Strategic Considerations
Always consider whether a mandatory ground is available before relying solely on discretionary ones. For rent arrears, the strongest approach is Ground 8 (mandatory) alongside Grounds 10 and 11 (discretionary). If the tenant pays down below the threshold before the hearing, Ground 8 falls away but you still have discretionary grounds to argue.
For anti-social behaviour, Ground 14 is discretionary, requiring compelling evidence. Ground 7A is mandatory but requires a conviction or formal order — a much higher threshold.
The 12-Month Rule
Grounds 1, 1A, and 6 cannot be used during the first 12 months of the tenancy. Do not grant a new tenancy if you anticipate needing possession in the near term.
Evidence Is Everything
Whether mandatory or discretionary, evidence wins cases. Keep rent statements, incident logs, photographs, correspondence, and copies of all notices. A well-organised evidence bundle makes the difference between success and failure.
Take Action
Make sure you understand which grounds apply and prepare your case properly. Generate your document pack to get notice templates and compliance documents.
Learn about each ground in our Section 8 Grounds for Possession guide, or use the Notice Period Calculator to check notice periods.