For landlords · 8 min read
Section 8 grounds: how possession works now
Possession now requires a ground — a specific, stated reason set out in legislation, supported by evidence. Grounds are either mandatory, where the court must grant possession if the ground is proved, or discretionary, where the court also weighs whether possession is reasonable. The practical consequence is that record-keeping decides outcomes: a well-evidenced arrears schedule or a documented sale decision succeeds where an accurate but unevidenced account fails.
Frequently asked questions
What are Section 8 grounds?
They are the specific statutory reasons a landlord can rely on to seek possession, such as serious rent arrears, anti-social behaviour, breach of the tenancy agreement, sale of the property, or the landlord or a close family member moving in. Each has its own notice period and evidence requirements.
What is the difference between a mandatory and a discretionary ground?
On a mandatory ground the court must grant possession once the ground is proved. On a discretionary ground the court must also be satisfied that making the order is reasonable in all the circumstances.
How much rent arrears are needed for possession?
The serious arrears ground has a threshold that must be met both when notice is served and at the hearing. A tenant who pays the balance below the threshold before the hearing can defeat the mandatory ground, which is why an accurate, contemporaneous rent schedule matters.
Can I evict a tenant without a reason now?
No. No-fault eviction has been abolished in England, so possession requires a stated ground supported by evidence.