What Are The Grounds For Possession? Section 8 Notices For Landlords
As a landlord, the last thing you want is to evict a tenant. However, it is vital to understand the legal process involved, should you ever need to seek possession of your rental property.
In this guide, we’re asking – ‘What are the grounds for possession?’ and explaining Section 8 notices for landlords.
What Is A Section 8 Notice?
A Section 8 notice is the first step a UK landlord must take when seeking possession of a property – i.e. evicting a tenant.
In Section 8 of the Housing Act (1988), the requirements for how a landlord must serve notice to terminate an assured shorthold tenancy are outlined. Hence the name ‘Section 8 notice’.
As a landlord, you can only serve a Section 8 notice if your tenants are in breach of their tenancy agreement. This is different to a Section 21 notice (often called a ‘no fault’ eviction) through which a landlord can end a tenancy without being required to give a reason.
The Renters (Reform) Bill was introduced to Parliament in May 2023 and is expected to be passed into law in Spring 2025 after receiving Royal Assent. The bill will abolish Section 21 notices, meaning landlords will no longer be able to utilise them to end a tenancy.
After this, a Section 8 notice will be the only way to evict a tenant from a property, and landlords will need to provide grounds for possession.
What Are The Grounds For Possession?
To issue a Section 8 notice, a landlord must cite specific grounds for bringing the tenancy to an end. They must be able to prove that a tenant is in breach of their tenancy agreement on one of several possible grounds.
There are currently 18 distinct grounds for possession under Section 8, and these are divided into mandatory grounds and discretionary grounds.
Mandatory Grounds
If a mandatory ground is proven, the court must grant possession to the landlord. The current mandatory grounds are:
- The landlord (or a member of their family) plans to move into the property.
- The landlord wants to sell the property.
- The landlord’s mortgage provider is repossessing the property.
- The landlord doesn’t own the freehold for the property, and the leasehold has ended.
- The property is a student let through an educational institute for a fixed term.
- A religious organisation needs the property of a religious minister.
- The landlord intends to demolish or redevelop the property.
- The tenant has passed away.
- The tenant has committed serious anti-social behaviour.
- The tenant doesn’t have the right to rent.
- The tenant is in at least three months rent arrears.
Discretionary Grounds
Unlike mandatory grounds, in the case of discretionary grounds, the court is able to decide whether an eviction is justified on a case-by-case basis.
The current discretionary grounds are:
- The landlord has provided like-for-like accommodation comparable to the current tenancy.
- The tenant is in rent arrears (but not yet three months’ worth).
- The tenant is not in arrears but has been constantly late paying their rent.
- The tenant has damaged or neglected the landlord’s property.
- The tenant is causing a neighbourly nuisance.
- The tenant is using the property for illegal activity.
- The tenant has damaged furniture provided by the landlord.
- The tenant has breached other terms of the tenancy agreement.
- The tenancy was obtained with a false statement.
It is important to note, that there are proposed changes to the Section 8 grounds for possession under the Renters Reform Bill, with several amendments planned, including longer notice periods required for landlords seeking possession. Only a small number of discretionary grounds are set to remain unchanged after the bill passes into law. This is something to bear in mind if you want to end a tenancy after the new law comes into effect.
How And When A Landlord Can Serve A Section 8 Notice
As a landlord looking to serve a Section 8 notice, you’ll need to fill in Form 3. This is the official notice used when seeking possession of a property let on an assured tenancy or assured shorthold tenancy.
A Section 8 notice can be served at any time after a breach of the tenancy agreement has occurred. When issuing a Section 8 notice to a tenant, you need to adhere to the specific notice period as set out for that particular ground. This currently varies between two weeks and two months, depending on what grounds for possession you’re using.
Get Help From A Property Litigation Solicitor
If you’ve been wondering, ‘What are the grounds for possession?’, we hope this guide to Section 8 notices for landlords has helped make things clearer.
As a landlord, seeking possession of a property or needing to evict a tenant can be a distressing time, and it’s understandable that you may have concerns and questions. No matter what grounds for possession you have, Blacks Legal are here to help.
Our highly experienced and professional residential property litigation solicitors can guide you through the process of issuing a Section 8 notice, and ensure that you comply with all the legalities required so your notice is deemed valid.
A residential property solicitor can also prove invaluable if your tenants don’t vacate at the end of their Section 8 and you need to apply for a possession order.
Get in touch today to find out how we can help. Alternatively, you can email us at info@blackslegal.co.uk or call us on 020 3835 4030 to speak to one of the friendly members of the Blacks Legal team.