With Section 21 abolished under the Renters' Rights Act, Section 8 of the Housing Act 1988 becomes the only route to possession for landlords and letting agents. The Act has significantly expanded and revised the Section 8 grounds. Understanding them is now essential for every letting agent.
What are Section 8 Grounds?
Section 8 grounds are specific reasons that a landlord can use to seek possession of a property. Unlike Section 21, which required no reason, Section 8 requires the landlord to prove one of the specified grounds to a court.
Grounds are either mandatory (the court must grant possession if the ground is proven) or discretionary (the court may grant possession if it considers it reasonable to do so).
New Mandatory Grounds
Ground 1A: Landlord Intends to Sell
The landlord must demonstrate a genuine intention to sell the property. The notice period is 4 months. The property cannot be re-let for at least 12 months after the tenancy ends. If the landlord re-lets within 12 months, the tenant may be entitled to compensation.
Ground 1B: Landlord or Close Family Member Intends to Occupy
The landlord, their spouse, civil partner, or close family member intends to occupy the property as their principal home. The notice period is 4 months. The property cannot be re-let for at least 12 months.
Ground 6A: Significant Redevelopment
The landlord intends to carry out significant redevelopment that cannot be carried out with the tenant in occupation. The notice period is 4 months.
Revised Mandatory Grounds
Ground 7A: Anti-Social Behaviour
Significantly strengthened. Now includes a broader definition of anti-social behaviour and a shorter notice period in serious cases.
Ground 8: Rent Arrears
Remains mandatory but the threshold has changed. Two months' rent arrears at the date of notice AND at the date of hearing.
Discretionary Grounds
Several discretionary grounds have been revised, including Ground 9 (suitable alternative accommodation), Ground 10 (some rent arrears), and Ground 11 (persistent delay in paying rent).
Notice Periods
Notice periods vary by ground. The minimum notice period for most grounds is 2 months, but several grounds now require 4 months' notice. Letting agents must ensure they use the correct notice period for each ground.
How to Serve a Section 8 Notice
The Section 8 notice (Form 3) must be completed correctly, including the correct ground(s), the correct notice period, and the correct date. Errors in the notice can invalidate it, requiring the process to start again.
RentersComply's Section 8 Notice Generator ensures every notice is completed correctly, with the right grounds, dates, and serving instructions.