Possession grounds: which one fits, and what notice you must give
Since 1 May 2026 there is no section 21. To regain possession you use a section 8 notice (Form 3A) and a ground. Each ground has its own notice period.
Mandatory grounds
The court must order possession if you prove the ground.
| Ground | Summary | Type | Notice period | Earliest use and conditions | What you need to show |
|---|---|---|---|---|---|
| 1 | Landlord or close family member moving in | Mandatory | 4 months | Not in the first 12 months. 12-month no-relet restricted period after use. | That you or a close family member are moving in. Source GUIDESource ENF |
| 1A | Landlord selling | Mandatory | 4 months | Not in the first 12 months. 12-month no-relet and no-remarketing restricted period. | That you are selling the property. Source GUIDESource ENF |
| 1B | Sale under rent-to-buy (Social providers only) | Mandatory | 4 months | Social providers only. | A sale under a rent-to-buy scheme. Source |
| 2 | Sale by mortgage lender | Mandatory | 4 months | None beyond the ground itself | That the mortgage lender is selling. Source |
| 2ZA, 2ZB, 2ZC, 2ZD | Superior lease ending, or superior landlord possession (Restricted landlord types) | Mandatory | 4 months | Restricted landlord types. 2ZB and 2ZD need a superior lease of 21 years or more. | That the superior lease has ended or the superior landlord is taking possession. Source |
| 4 | Student accommodation let by specified educational establishments (Specified educational establishments) | Mandatory | 2 weeks | Specified educational establishments only. | Student accommodation let by a specified educational establishment. Source |
| 4A | HMO let to full-time students, needed for new students in line with the academic year | Mandatory | 4 months | Not available if the tenancy was agreed more than 6 months before it started. | An HMO let to full-time students that is needed for new students in line with the academic year. Source |
| 5 | Minister of religion | Mandatory | 2 months | None beyond the ground itself | A let to a minister of religion. Source |
| 5A | Agricultural worker | Mandatory | 2 months | None beyond the ground itself | A let to an agricultural worker. Source |
| 5B, 5D | Social provider employment-linked lets (Social providers only) | Mandatory | 2 months | Social providers only. | An employment-linked let by a social provider. Source |
| 5C | Employment by the landlord has ended (expanded old ground 16) | Mandatory | 2 months | None beyond the ground itself | That the tenant's employment by you has ended. Source |
| 5E, 5F | Supported accommodation (Supported accommodation) | Mandatory | 4 weeks | Supported accommodation only. | Supported accommodation. Source |
| 5G | Homelessness temporary accommodation no longer required (within 12 months of council notice) (Homelessness temporary accommodation) | Mandatory | 4 weeks | Within 12 months of the council notice. | That temporary accommodation for homelessness is no longer required. Source |
| 5H | Stepping-stone accommodation (Stepping-stone accommodation) | Mandatory | 2 months | None beyond the ground itself | Stepping-stone accommodation. Source |
| 6 | Redevelopment (various limits) | Mandatory | 4 months | Various limits apply. Check the guide. | That you intend to redevelop. Check the limits in the guide. Source |
| 6A | Decant accommodation (social) (Social landlords) | Mandatory | 4 months | Social landlords only. | Decant accommodation. Source |
| 6B | Compliance with enforcement action (the court may order compensation to the tenant) | Mandatory | 4 months | The court may order compensation to the tenant. | That you must act to comply with enforcement action. Source |
| 7 | Death of tenant (inherited tenancy, proceedings within 12 months) | Mandatory | 2 months | Proceedings must start within 12 months. | The death of the tenant and an inherited tenancy. Source |
| 7A | Severe anti-social or criminal behaviour (conviction, breach of an ASB order, closure order over 48 hours) | Mandatory | Immediate | Proceedings can begin at once. Deposit rules do not apply. | A conviction, a breach of an anti-social behaviour order, or a closure order of over 48 hours. Source GUIDESource REPO |
| 7B | No right to rent (Home Office notice) | Mandatory | 2 weeks | None beyond the ground itself | A Home Office notice that the tenant has no right to rent. Source |
| 8 | Rent arrears of at least 3 months (13 weeks if the rent is weekly or fortnightly), both when notice is served and at the hearing | Mandatory | 4 weeks | Arrears must be at least 3 months (13 weeks if weekly or fortnightly) when you serve notice and at the hearing. | A rent statement showing arrears of at least 3 months (13 weeks if weekly or fortnightly) on the day you serve notice, and again at the hearing. Source |
Discretionary grounds
The court decides whether possession is reasonable.
| Ground | Summary | Type | Notice period | Earliest use and conditions | What you need to show |
|---|---|---|---|---|---|
| 9 | Suitable alternative accommodation available | Discretionary | 2 months | None beyond the ground itself | That suitable alternative accommodation is available. Source |
| 10 | Any rent arrears | Discretionary | 4 weeks | None beyond the ground itself | A rent statement showing the arrears. Source |
| 11 | Persistent delay in paying rent | Discretionary | 4 weeks | None beyond the ground itself | Records of repeated late payments. Source |
| 12 | Breach of a tenancy term (other than rent) | Discretionary | 2 weeks | None beyond the ground itself | The term, and how it has been broken. Source |
| 13 | Deterioration of the property | Discretionary | 2 weeks | None beyond the ground itself | The state of the property and how it has got worse. Source |
| 14 | Anti-social behaviour, nuisance, illegal or immoral use, indictable offence in the locality | Discretionary | Immediate | Proceedings can begin at once. Deposit rules do not apply. | The behaviour, nuisance, use or offence, with dates and reports. Source GUIDESource REPO |
| 14A | Domestic abuse (social landlords) (Social landlords) | Discretionary | 2 weeks | Social landlords only. | Domestic abuse (social landlords). Source |
| 14ZA | Rioting conviction | Discretionary | 2 weeks | None beyond the ground itself | A rioting conviction. Source |
| 15 | Deterioration of furniture | Discretionary | 2 weeks | None beyond the ground itself | The state of the furniture and how it has got worse. Source |
| 17 | Tenancy obtained by a false statement | Discretionary | 2 weeks | None beyond the ground itself | The false statement and that the tenancy was obtained because of it. Source |
| 18 | Supported accommodation, tenant refusing to engage (Supported accommodation) | Discretionary | 4 weeks | Supported accommodation only. | That the tenant is refusing to engage. Source |
Rules that apply across grounds
- Use Form 3A "or a form substantially to the like effect". The notice must give the right notice period and set out the full ground wording and reasons. Incomplete notices get claims dismissed or delayed. Source
- For most grounds (not 7A or 14) the deposit must have been protected, the scheme rules complied with and the prescribed information given. Or the deposit must have been returned, or a deposit dispute decided. Source
- Some grounds need "prior notice" given at the start of the tenancy. Check the repossession guidance for which ones. Source
- Grounds 1 and 1A cannot take effect in the first 12 months of the tenancy. You may serve notice earlier with a later date. Source
- After the notice period, if the tenant has not left, you apply to court. There is an online service for rent arrears. Orders on mandatory grounds usually require the tenant to leave within 14 days, or up to 6 weeks for extreme hardship. Source
- After using Ground 1 or 1A there is a 12-month restricted period: you may not relet or remarket the property. Doing so is an offence (civil penalty up to £40,000 or prosecution). Exceptions: you or family move in, a 21+ year lease or sale licence, or a court orders possession on another ground. Source
The notice form
Use Form 3A (section 8 possession notice) on gov.uk Source. LetReady does not reproduce the form. The paid pack gives you a completion sheet with the notice period, earliest date and an evidence checklist for each ground you pick.
Notice periods here come from the gov.uk guide. How to serve a notice and how days are counted are not covered here: check the repossession guidance.
Get the possession helper
Pick your ground, get the earliest service date and a printable completion sheet for each property. Part of the Compliance Pack, £29 once.
See the pack