Section 8 Possession Grounds: A Landlord's Guide to the Post-RRA Process

Section 21 is gone. The Renters Rights Act commenced on 1 May 2026 and no-fault eviction no longer exists for private landlords in England.

Every assured tenancy in the private rented sector is now periodic. There are no fixed terms, no scheduled end dates, no built-in break points. When a situation arises where a landlord genuinely needs to end a tenancy, there is one route: Section 8.

Section 8 is the application to court on a specific legal ground. Use the right ground, the right form, the right notice period, and strong evidence, and the court will grant possession. Miss any of those steps and the claim fails. Court proceedings currently average more than 8 months from notice to possession order (Ministry of Justice, 2026), so a failed claim means starting again and losing many months.

This guide covers the key grounds, how to serve the notice, and the mistakes that invalidate claims.

What Section 8 Actually Is

Section 8 of the Housing Act 1988 allows a landlord to apply to court for possession of an assured tenancy, where a specific statutory ground applies. The Renters Rights Act 2025 expanded the total number of grounds from 17 to 37, comprising 20 mandatory and 17 discretionary grounds.

Grounds fall into two categories.

Mandatory grounds require the court to grant a possession order if the landlord proves the ground is made out. The judge has no discretion to refuse. If the evidence is there, possession follows.

Discretionary grounds leave the outcome to the judge. The court will consider whether it is reasonable to grant possession in all the circumstances. Even where the ground is proven, the judge may refuse, suspend the order, or impose conditions.

The distinction shapes how a landlord should approach the case. Mandatory grounds, correctly applied, give a reliable outcome. Discretionary grounds depend on the quality of the evidence and how the overall situation is presented.

Before Serving Notice: Check Deposit Compliance

This step comes first. Most Section 8 grounds are blocked unless the tenant's deposit has been protected in an approved scheme and the prescribed information has been served before the notice is given.

The exceptions are Ground 7A (serious anti-social behaviour involving criminal conviction) and Ground 14. For every other ground, including Ground 8 (rent arrears), Ground 1 (landlord or family occupation), and Ground 1A (intent to sell), an unprotected deposit invalidates the notice.

If there is a compliance gap, the deposit must be protected and the prescribed information served first. Only then can Form 3A be given to the tenant. Serving the notice and correcting the gap at the same time does not work.

For the full detail on the 30-day rule and prescribed information requirements, see our guide to deposit protection rules for landlords.

Serving the Section 8 Notice: Form 3A

From 1 May 2026, the notice seeking possession must be served using Form 3A. This is the updated form prescribed under the Renters Rights Act 2025, replacing the previous Form 3. Form 3A is available free from GOV.UK's assured tenancy forms page.