What notice period applies to Ground 8?

Ground 8 requires four weeks' notice. The arrears threshold — three months if rent is payable monthly, thirteen weeks if weekly or fortnightly — must be met both when the notice is served and at the hearing.

Do mandatory grounds always have longer notice periods?

No. Notice period does not follow the mandatory or discretionary split. Ground 7B is mandatory with two weeks' notice, while Ground 9 is discretionary with two months. Each ground has its own period set by statute.

Section 8 possession grounds and notice periods

Q: Can Ground 1 or 1A be used in the first year of a tenancy?

No. A notice relying on Ground 1 or Ground 1A cannot expire within the first twelve months of the tenancy, counting both the first day of the tenancy and the relevant date. After serving, the property must not be re-let or marketed for twelve months.

Updated July 2026 · England · Not legal advice

Section 21 was abolished on 1 May 2026. Every possession claim now runs through Section 8, which means stating a ground — a specific reason set out in Schedule 2 of the Housing Act 1988 — and serving the correct notice period for it.

There are 25 grounds a private landlord can rely on. This page lists all of them with the notice period for each. The notice periods come from the government's grounds for possession guidance, and the wording each notice must use is published on the assured tenancy forms page, in the document “Form 3A: Legal wording for possession grounds”.

Notice period does not follow the mandatory / discretionary split. Ground 7B is mandatory with two weeks' notice. Ground 9 is discretionary with two months. Ground 4 is mandatory with two weeks. There is no pattern to infer — each period is set separately by statute, and getting it wrong is one of the most common reasons a claim is struck out.

Mandatory and discretionary

On a mandatory ground, if the landlord proves the facts the court must make a possession order. It has no discretion.

On a discretionary ground, the court decides whether it is reasonable to grant possession. Proving the ground is not enough on its own, which is why evidence quality matters far more on these.

Grounds can be combined. Where several are pleaded, the longest notice period governs. Pleading a discretionary ground alongside a mandatory one is common practice — if the mandatory ground fails at the hearing, the court still has something to consider.

Rent arrears

Ground	What it covers	Notice	Type
8	Serious rent arrears At least 3 months' rent unpaid if rent is monthly, or 13 weeks' if weekly or fortnightly — both when the notice is served AND at the hearing. Arrears caused by an undelivered Universal Credit housing payment are disregarded.	4 weeks	MANDATORY
10	Some rent arrears Some rent is lawfully due and unpaid both when proceedings begin and, ordinarily, when the notice was served. No minimum threshold.	4 weeks	DISCRETION
11	Persistent late payment The tenant has persistently delayed paying rent, whether or not anything is actually unpaid when proceedings begin.	4 weeks	DISCRETION

Ground 8 is the one to get right. The threshold must be met when the notice is served and again at the hearing. A tenant who pays the arrears down below three months before the hearing defeats it entirely — which is why Grounds 10 and 11 are usually pleaded alongside. Arrears caused only by an undelivered Universal Credit housing payment are disregarded.

Landlord needs the property back

Ground	What it covers	Notice	Type
1	Landlord or family moving in The landlord, or a close family member, needs to move into the property as their only or principal home. Cannot expire within the first 12 months of the tenancy.	4 months	MANDATORY
1A	Landlord selling the property The landlord intends to sell. Cannot expire within the first 12 months of the tenancy. Not available against a pre-1 May 2026 assured (non-shorthold) 'lifetime' tenancy, and most social landlords cannot use it.	4 months	MANDATORY
2	Sale by mortgage lender The property is mortgaged, the lender is entitled to exercise its power of sale, and requires vacant possession to sell.	4 months	MANDATORY
6	Redevelopment or demolition The landlord intends to demolish or substantially redevelop the property and the work cannot be done with the tenant in occupation. The tenancy must usually have begun at least 6 months before the notice expiry date. Social landlords may also need to provide alternative accommodation.	4 months	MANDATORY
6B	Compliance with enforcement action Possession is needed to comply with enforcement action — a banning order, improvement or prohibition notice, refused or revoked HMO licence, overcrowding above a licence limit, or a planning enforcement notice. The court may order the landlord to compensate the tenant.	4 months	MANDATORY
9	Suitable alternative accommodation Suitable alternative accommodation is, or will be, available for the tenant when the order takes effect.	2 months	DISCRETION

Grounds 1 and 1A carry a twelve-month protected period. The notice cannot expire within the first year of the tenancy, counting both the first day of the tenancy and the relevant date. After serving, the property must not be re-let or marketed for twelve months — breaching that restriction is an offence.

Tenant conduct and property condition

Ground	What it covers	Notice	Type
7A	Severe antisocial or criminal behaviour A conviction for a serious offence, breach of an ASB injunction or criminal behaviour order, or a closure order barring access for more than 48 hours. Proceedings can begin at once, but no possession order can be made for 14 days after service.	Can start immediately	MANDATORY
12	Breach of the tenancy agreement An obligation of the tenancy, other than one about paying rent, has been broken or not performed.	2 weeks	DISCRETION
13	Deterioration of the property The condition of the property or its common parts has deteriorated through waste, neglect or default by the tenant or someone living there. Where a lodger or sub-tenant is responsible, the tenant must have failed to take reasonable steps to remove them.	2 weeks	DISCRETION
14	Antisocial behaviour or nuisance The tenant, someone living there or a visitor has caused nuisance or annoyance to neighbours, the landlord or their staff, or has been convicted of using the property for immoral or illegal purposes or of an indictable offence nearby. Proceedings can begin at once, but no order for 14 days.	Can start immediately	DISCRETION
14ZA	Rioting conviction The tenant or an adult living there has been convicted of an indictable offence committed during and at the scene of a riot in the UK. England only.	2 weeks	DISCRETION
15	Deterioration of furniture Furniture provided under the tenancy has deteriorated through ill-treatment by the tenant or someone living there. Where a lodger or sub-tenant is responsible, the tenant must have failed to take reasonable steps to remove them.	2 weeks	DISCRETION

Grounds 7A and 14 can be served immediately — proceedings may begin at once. But the court cannot make a possession order until fourteen days after service.

Tenant circumstances

Ground	What it covers	Notice	Type
7	Death of the tenant The tenancy passed under a will or intestacy. Proceedings must usually begin within 12 months of the death. Cannot be used against someone who succeeded to the tenancy as a spouse, civil partner or cohabitee living there at the time.	2 months	MANDATORY
7B	No right to rent The Secretary of State has notified the landlord in writing that the tenant or an adult occupier is disqualified from occupying by reason of immigration status. England only.	2 weeks	MANDATORY
17	Tenancy obtained by false statement The landlord was induced to grant the tenancy by a false statement made knowingly or recklessly by the tenant, or by someone acting at the tenant's instigation.	2 weeks	DISCRETION

Supported and specialist accommodation

These apply where the property is let with care or support, or under a homelessness duty. Most private agents will never use them.

Ground	What it covers	Notice	Type
5E	Property needed as supported accommodation The property is held for use as supported accommodation and is needed for that purpose. Cannot be used where the tenant themselves entered the tenancy to receive care or support.	4 weeks	MANDATORY
5F	Supported accommodation no longer appropriate The property was let as supported accommodation and the support has ended, the funding has stopped, or the accommodation no longer meets the tenant's needs.	4 weeks	MANDATORY
5G	Homelessness duty accommodation no longer needed The property was provided under a council's homelessness duty and the council has confirmed it is no longer needed. Notice must be served within 12 months of that confirmation.	4 weeks	MANDATORY
18	Refusal to engage with support The tenancy is of supported accommodation and the tenant has unreasonably refused to co-operate with the person providing the support services.	4 weeks	DISCRETION
5	Property needed for a minister of religion The property is held to house a minister of religion and is needed again for that purpose.	2 months	MANDATORY
5C	Employment by the landlord has ended The property was let to the tenant because of their employment by the landlord, and that employment has ended — or the letting was for the early period of employment and the property is now needed for another employee. Also covers police constables.	2 months	MANDATORY
4A	Student HMO needed for next academic year An HMO let to full-time students is needed for a new group of students. The notice expiry must fall between 1 June and 30 September. Prior written notice must have been given before the tenancy started, and the gap between signing and moving in must be 6 months or less.	4 months	MANDATORY

Grounds not listed here

A further twelve grounds exist that only private registered providers of social housing, social landlords, universities, agricultural landlords or superior landlords can use — Grounds 1B, 2ZA, 2ZB, 2ZC, 2ZD, 4, 5A, 5B, 5D, 5H, 6A and 14A. For six of those, no prescribed wording is published in Form 3A at all.

What a court expects

The notice itself is only the start. For most grounds the claim turns on documentation assembled before service:

Arrears grounds — a full rent statement showing every charge and payment with dates, the tenancy agreement showing rent and frequency, and an updated ledger for the hearing date.
Conduct grounds — a dated incident log, written complaints with contactable witnesses, police reference numbers, and any warning letters sent.
Condition grounds — the check-in inventory showing original condition, dated inspection photographs, and repair quotes.
Ground 1 and 1A — evidence of the intention to occupy or sell, and evidence the tenancy began at least twelve months before the notice expires.

An unprotected deposit blocks possession entirely. With Section 21 gone, Section 8 is the only route. If the deposit was not protected within thirty days, or the prescribed information was not served, the court cannot make an order — regardless of how strong the ground is.

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This page is a summary of the law in England as at July 2026 and is not legal advice. Notice periods and grounds are subject to change as the Renters' Rights Act is phased in. Always check the current official Form 3A and take advice before serving a notice.