Section 8 Grounds for Possession: 2026 Complete Guide

Mandatory vs Discretionary Grounds

Section 8 grounds fall into two categories. Mandatory grounds mean the court must grant possession if the ground is proved. Discretionary grounds mean the court may grant possession if it considers it reasonable.

Key Mandatory Grounds

Ground	Reason	Notice Period
1	Landlord previously lived in property	2 months
1A (NEW)	Landlord intends to sell	4 months
1B (NEW)	Family member to move in	4 months
2	Mortgage lender requires possession	2 months
6	Redevelopment of property	4 months
7	Death of tenant (periodic tenancy)	2 months
7A	Serious anti-social behaviour	Immediate
8	2+ months rent arrears at notice AND hearing	2 weeks
8A (NEW)	Repeated rent arrears (3x in 3 years)	4 weeks

Key Discretionary Grounds

Ground	Reason	Notice Period
10	Some rent arrears (less than 2 months)	2 weeks
11	Persistent delay in paying rent	2 weeks
12	Breach of tenancy obligation	2 weeks
13	Waste/neglect of property	2 weeks
14	Nuisance/annoyance	Immediate
14A	Domestic violence	Immediate
17	False statement by tenant	2 weeks

Evidence Requirements

For each ground, you need specific evidence. The most common grounds and their evidence needs:

• Ground 8 (rent arrears): Rent schedule showing 2+ months arrears at date of notice AND at date of hearing. Bank statements, payment records.
• Ground 1A (sale): Evidence of genuine intention to sell — estate agent instructions, marketing materials. Cannot use in first 12 months.
• Ground 12 (breach): Evidence of specific breach — photographs, correspondence, witness statements.
• Ground 14 (nuisance): Diary of incidents, neighbour complaints, police reports, council ASB records.

Common Mistakes That Invalidate Notices

• Wrong notice period (each ground has its own minimum)
• Incorrect form used (must use Form 3 for Section 8)
• Ground not properly specified or evidenced
• Notice served incorrectly (must be delivered to tenant personally or left at property)
• Proceedings not issued within 12 months of notice expiry
• Using Ground 1A within first 12 months of tenancy