Since 1 May 2026, there is no such thing as a no-fault eviction. To regain possession you must rely on a specific Section 8 ground and prove it. That makes the choice of ground — and the quality of your evidence — the whole game.
Mandatory vs discretionary grounds
Grounds come in two flavours. On a mandatory ground, if you prove the facts the court *must* grant possession. On a discretionary ground, the court can still refuse if it thinks eviction is unreasonable. Mandatory grounds are stronger, but several now carry longer notice periods and tighter conditions than the old Section 21 route.
The grounds landlords use most
Ground 8 — serious rent arrears (mandatory)
The Renters' Rights Act raised the bar: from 1 May 2026 you need at least three months' rent unpaid, both when you serve notice and at the hearing, and you must give four weeks' notice. Arrears that dip below three months before the hearing can sink the claim — which is why a clean, dated rent ledger matters so much.
Ground 1A — selling the property (mandatory, new)
- Requires four months' notice and the genuine intention to sell.
- Cannot be used in the first 12 months of a tenancy.
- If the sale falls through, you cannot re-let the property for 12 months.
Ground 1 — moving in yourself or family (mandatory)
Similar shape to Ground 1A: four months' notice, no use in the first 12 months, and a re-letting restriction if you change your mind. Reserved for you or a close family member genuinely moving in.
Anti-social behaviour and breach (mixed)
Grounds for anti-social behaviour and breach of tenancy survive, with their own notice periods. The anti-social behaviour ground can move quickly, but expects real evidence — incident logs, complaints, police references.
Evidence wins possession now
Under Section 21 the reason was irrelevant. Under Section 8 it is everything. Whichever ground you use, you need contemporaneous records: a rent ledger that proves the arrears, dated correspondence, and proof that the deposit is protected (without which most grounds are unavailable).
The process in outline
- 1Confirm the deposit is protected and prescribed information served — or the claim may be struck out.
- 2Pick the correct ground and serve a valid Section 8 notice with the right notice period.
- 3If the tenant does not leave, apply to the court for a possession order with your evidence bundle.
- 4Only a court bailiff or High Court enforcement officer can carry out an eviction — never do it yourself.
How Rentwire helps
The most common reason a Ground 8 claim fails is a rent ledger that doesn't clearly show three months' arrears on the right dates. Rentwire keeps a continuously reconciled, dated ledger for every tenancy and flags arrears the day they cross a threshold, so if you ever need to act the evidence is already in order — ask your assistant "show the arrears history for this tenancy" and it's there.
Possession is now a legal process with real evidential standards. For anything contested, take proper legal advice early — a defective notice can cost you months.
Frequently asked questions
- How much rent arrears do I need for a Section 8 Ground 8 claim in 2026?
- At least three months' rent must be outstanding both when you serve the notice and at the court hearing, with four weeks' notice given. If the tenant pays the arrears below that level before the hearing, the mandatory ground may no longer apply.
- Can I evict a tenant to sell my property?
- Yes, using the new Ground 1A. It needs four months' notice, cannot be used in the first 12 months of the tenancy, and prevents you re-letting for 12 months if the sale does not proceed.
This article is general information for UK landlords and letting agents, not legal, tax or financial advice. Rules change and individual circumstances differ — check the latest guidance from GOV.UK or a qualified professional before acting.