Skip to content
TenancyPack logoTenancyPack

Section 8 Ground Selector

Not sure which Section 8 ground applies to your situation? Answer a few questions and we'll recommend the right ground for possession, including notice periods and whether the court must grant possession or has discretion.

How Section 8 Grounds Work

With the abolition of Section 21 by the Renters' Rights Act 2025, Section 8 of the Housing Act 1988 is now the only route for landlords in England to regain possession of a property through the courts. You must demonstrate that one or more specific grounds for possession apply to your situation.

Mandatory vs Discretionary

Mandatory grounds mean the court must grant possession if the landlord proves the ground is met. The judge has no discretion to refuse. Discretionary grounds mean the court considers whether it is reasonable to grant possession, even if the ground is proved. The judge can refuse, adjourn, or attach conditions.

The 12-Month Restriction

Grounds 1, 1A, and 6 are subject to a 12-month restriction. This means you cannot serve a Section 8 notice relying on these grounds during the first 12 months of the tenancy. This protects tenants from being asked to leave shortly after moving in.

Notice Periods

Each ground has a prescribed notice period ranging from 4 months down to no notice at all — for example, Ground 14 (anti-social behaviour) allows immediate proceedings with no notice period. The notice must be served using the correct form (Form 3) and must specify the ground(s) relied upon. If the notice period is wrong, the notice is invalid. Use our notice period calculator to check the correct period for your ground.

New Grounds Under the Renters' Rights Act 2025

The Renters' Rights Act 2025 introduces three new grounds: Ground 1A (sale of property), Ground 8A (persistent rent arrears over 3 years), and Ground 14ZA (rioting convictions). These new grounds reflect the changed landscape where landlords can no longer rely on Section 21.

Related Resources

This tool is for guidance only and does not constitute legal advice. Always seek independent legal advice before serving a Section 8 notice or issuing court proceedings. Check the latest legislation at www.gov.uk.