Since 1 May 2026 a private landlord in England can only seek possession on a Housing Act 1988 Schedule 2 ground, served on Form 3A under section 8. Notice runs from two weeks to four months depending on the ground, and the court cannot make an order while the deposit is unprotected, except on Grounds 7A and 14.
Updated 15 October 2026 · Figures checked against legislation.gov.uk and GOV.UK on 15 October 2026 · Statutory penalties are maximums; councils and courts decide the amount.
The Renters' Rights Act 2025 came into force for private assured tenancies in England on 1 May 2026 (SI 2026/421). Section 21 "no-fault" notices are gone and every assured tenancy is periodic. To end a tenancy against the tenant's wishes a landlord must serve a notice under section 8 of the Housing Act 1988 on the prescribed form (Form 3A), state one or more grounds from Schedule 2 to that Act, wait out the notice period, and then prove the ground to a judge.
Grounds are either mandatory (the court must order possession if the ground is proved and nothing bars it) or discretionary (the court must also find possession reasonable). A notice stays live for twelve months from service (s.8(3)(c)).
This guide covers England only, as checked on 15 October 2026. It describes the law; it is not advice on your case. Possession is court procedure, so consult a housing solicitor or the court service before you serve.
The grounds a private landlord is most likely to use, with the minimum notice from the table in s.8(4AA). Where a notice cites several grounds, the longest period applies. Ground 1B (rent-to-buy) and Ground 14A (domestic abuse) are limited to registered providers of social housing and similar landlords, so they are not shown.
| Ground | What it covers | Type | Minimum notice |
|---|---|---|---|
| 1 | The landlord, or a close family member, needs the property as their only or principal home | Mandatory | 4 months |
| 1A | The landlord intends to sell (or grant a lease of more than 21 years) | Mandatory | 4 months |
| 6 | Redevelopment: demolition or substantial works that cannot be done with the tenant in place | Mandatory | 4 months |
| 7 | The tenant has died and nobody has a statutory right to succeed; proceedings must begin within 12 months of the death | Mandatory | 2 months |
| 7A | Serious anti-social behaviour: a qualifying conviction, breach of an injunction or criminal behaviour order, or a closure order | Mandatory | No minimum; order cannot take effect within 14 days |
| 7B | The Home Office has given you written notice that an adult occupier has no right to rent | Mandatory | 2 weeks |
| 8 | Serious arrears: at least 3 months' rent (13 weeks if paid weekly or fortnightly) owed both when the notice is served and at the hearing | Mandatory | 4 weeks |
| 10 | Some rent lawfully due is unpaid when the notice is served and when proceedings begin | Discretionary | 4 weeks |
| 11 | Persistent delay in paying rent, whether or not anything is owed now | Discretionary | 4 weeks |
| 12 | Breach of a tenancy obligation other than paying rent | Discretionary | 2 weeks |
| 13 | The property or common parts have deteriorated through the tenant's waste, neglect or default | Discretionary | 2 weeks |
| 14 | Nuisance or annoyance to neighbours, the landlord or their staff; immoral or illegal use; an indictable offence in the locality | Discretionary | No minimum; order cannot take effect within 14 days |
| 14ZA | Conviction for an indictable offence committed at the scene of a riot | Discretionary | 2 weeks |
| 17 | The tenancy was obtained by a false statement made knowingly or recklessly | Discretionary | 2 weeks |
Two points on timing. Grounds 1 and 1A need the tenancy to have begun at least a year before the date in the notice, so a notice may be served inside the first year but cannot expire before the first anniversary. And the court cannot dispense with notice on Grounds 7A, 7B and 8 (s.8(5)): there is no shortened route for rent arrears.
Proving a ground is not enough. Three statutory conditions sit around the grounds; the first two bite today.
Section 215 of the Housing Act 2004, as substituted from 1 May 2026, lets the court make a possession order only if the deposit is held in an authorised scheme, the scheme's initial requirements have been met and the prescribed information has been given. The bar does not apply on Ground 7A or 14, or where the deposit has been returned (in full or with agreed deductions) or the tenant's deposit claim has been determined. Putting late protection right before you serve clears the bar, but the tenant's claim for one to three times the deposit under section 214 remains.
From the day you serve a notice relying on Ground 1 or 1A, section 16E of the Housing Act 1988 stops you letting the property (on a term of 21 years or less) or marketing it until the end of the restricted period. Under section 16M that runs from service to the last day of the twelve months beginning with the earliest-proceedings date in the notice, roughly sixteen months in all, ending early only if the court orders possession on another ground. A breach carries a council civil penalty of up to £7,000 (s.16I) and is an offence (s.16J) for which the council may impose up to £40,000 as an alternative to prosecution (s.16K).
Section 90 of the Renters' Rights Act 2025 will insert s.7(5ZC) into the Housing Act 1988: no possession order while the landlord is in breach of the duty to register on the Private Rented Sector Database, except on Grounds 7A and 14. On 15 October 2026 legislation.gov.uk listed s.7(5ZC) as "yet to be applied", section 90 was in force only for making regulations, and the database regulations were a draft. It is coming; it bars nothing today.
Ground 8 is mandatory, which is why landlords reach for it, and precise, which is why it fails. The arrears must be at least three months' rent (thirteen weeks for weekly or fortnightly rent) both when the notice is served and at the hearing; arrears due only to a Universal Credit housing payment not yet received are disregarded. If the tenant pays below the threshold before the hearing, Ground 8 is gone, which is why Grounds 10 and 11 are pleaded alongside it.
A judge will expect to see:
A tenant who has reported damp, a failed boiler or other disrepair can counterclaim for damages under section 11 (repairs, which needs notice) or section 9A (fitness for human habitation, which does not) of the Landlord and Tenant Act 1985. Damages are set off against the rent account; if that takes the arrears below three months at the hearing, the mandatory ground fails. The Pre-Action Protocol for Housing Conditions Claims expects a reply to a letter of claim within 20 working days of receipt, with the records requested. Landlords who fix reported defects, and photograph the work with dates, before serving remove the commonest Ground 8 defence.
Relying on a ground you know (or are reckless as to whether) you cannot prove is itself an offence if the tenant leaves within four months without a court order (Housing Act 1988 s.16J(1)); the council may impose a civil penalty of up to £40,000 instead of prosecuting (s.16K).
ComplyWithMe Landlord tracks the items that bar a possession order, maps each ground's notice period and earliest issue date from the day you record service, and builds an organised evidence pack with the rent schedule and dated repair photographs, handed to BundleCreator.co for the court bundle only when the Protection Score is clear. Start with the free exposure check or the Renters' Rights readiness check.
Government changes that bear on this duty. Where the status says in force the rule already applies; everything else is not yet law for private landlords. Dates are quoted as the government has published them, checked on 15 October 2026.
| Change | Status today | Published timing | Sensible preparation |
|---|---|---|---|
| Mandatory landlord and property registration on the Private Rented Sector Database (the landlord register), with an annual fee | regulations in draft | Regional rollout from 15 December 2026 (West Midlands first) to 15 September 2027 for all other purposes, per the draft Private Rented Sector Database Regulations 2026 | Keep copies, not just dates, of the gas safety record, EICR and EPC for each property, and know whether a licence applies; those are what the draft regulations say the entry needs. Source |
| Mandatory membership of a Private Rented Sector Landlord Ombudsman scheme | announced, dates to be confirmed | Government roadmap: landlords required to join "in 2028", after the Database launches; scheme conditions set during Phase 2 from 2026 | Keep a written complaints process and records of how tenant complaints were handled; the scheme will expect both. Source |
They are the grounds in Schedule 2 to the Housing Act 1988 as amended from 1 May 2026. For a private landlord in England the main ones are Grounds 1 and 1A (moving in, selling), 6 (redevelopment), 7 (death of the tenant), 7A and 14 (anti-social behaviour), 7B (no right to rent), 8, 10 and 11 (rent), 12 (breach), 13 (deterioration), 14ZA (riot) and 17 (false statement).
Four weeks, running from the day the Form 3A notice is served (Housing Act 1988 s.8(4AA)). The court cannot dispense with notice on Ground 8. The arrears must still be at least three months' rent on the hearing date.
No. Section 21 was abolished for private assured tenancies in England on 1 May 2026 by the Renters' Rights Act 2025. Possession now runs only on a Section 8 ground.
No. Ground 14A (a partner has left because of domestic violence) is available only where the landlord is a registered provider of social housing, a registered social landlord or a charitable housing trust. Ground 1B is likewise limited to private registered providers.
Yes. Under Housing Act 2004 s.215 as substituted the court may not make a possession order while the deposit is unprotected or the prescribed information has not been given, except on Grounds 7A and 14. Putting it right before you serve clears the bar, but the tenant's claim for one to three times the deposit remains.
If the payment takes the arrears below three months' rent (13 weeks if paid weekly), the mandatory Ground 8 fails. The court can still consider Grounds 10 and 11 if you pleaded them, but those are discretionary and the judge must find possession reasonable.
Add the notice period (two weeks to four months), the wait for a hearing (at least 28 days from issue, usually longer), the possession date in the order (normally 14 days on a mandatory ground) and the bailiff wait. Several months is typical; a year is not unusual where the court is busy.
Not within the restricted period. From the day you serve a Ground 1 or 1A notice until twelve months after the earliest-proceedings date in it, Housing Act 1988 s.16E prohibits letting or marketing the property. The council can impose a civil penalty of up to £7,000, and a contravention is an offence carrying a penalty of up to £40,000 as an alternative to prosecution.
When a compliance question becomes a court or tribunal matter, BundleCreator.co, from the same company, turns the records into a court-ready bundle. From the notice to the order, stage by stage. Start with the possession and arrears journey.
ComplyWithMe Landlord tracks the deposit and registration items that bar a possession order, computes each ground's earliest issue date, and builds the evidence pack for the hearing.
Map your Section 8 journeyFrom the ComplyWithMe news feed: enforcement decisions and legislation changes, each linked to its official source.
Download the free app, then subscribe on the web at complywithme.co/subscribe — launch offer £59.99 for your first year with one property, then £119/year (until 28 February 2027, while 100 launch places last)from £119 a year for one property. Sign in with the same account and the full app unlocks.
