What Are the New Section 8 Grounds for Possession?

Since the Renters' Rights Act 2025 came into force on 1 May 2026, you can no longer ask a tenant to leave simply because the fixed term has ended. Section 21 'no-fault' evictions have been abolished, and every possession claim must now rest on a specific legal reason set out in Section 8 of the Housing Act 1988. For many landlords this is the single biggest practical change, so it is worth understanding what the grounds are, when you can use them, and what evidence you will need.

What Section 8 actually is

Section 8 is the route a landlord uses to seek possession when there is a recognised ground to do so. Each ground has its own conditions and its own notice period, and some are mandatory (the court must grant possession if the ground is proven) while others are discretionary (the court decides whether it is reasonable). Because fixed-term assured shorthold tenancies have been replaced by periodic tenancies that roll month to month, the timing of any notice now matters more than it used to.

The important shift is that you can no longer rely on the end of a term. You must point to a genuine ground, serve the correct notice, and be ready to support your case with written evidence if it reaches the First-tier Tribunal or the court.

The grounds landlords use most often

The grounds fall into broad groups. The ones private landlords in London are most likely to need are these.

• Selling the property: you intend to sell, so you need vacant possession
• Moving in: you or a close family member intends to move into the home
• Serious rent arrears: the tenant has fallen significantly behind on rent
• Anti-social behaviour: the tenant or their visitors are causing serious nuisance

The 'selling' and 'moving in' grounds let you recover a property you genuinely need, but they come with conditions. Notice periods are longer than the old Section 21 timeline, and there are limits on re-letting a property shortly after recovering it on these grounds. The arrears and anti-social behaviour grounds are there to deal with tenancies that have broken down, and they each carry their own thresholds and notice periods.

Evidence is everything

Because possession now hinges on proving a ground rather than simply ending a term, your paperwork carries far more weight. If you are relying on selling, keep written proof of your intention, such as an instruction to an agent or a solicitor. If you are relying on arrears, keep a clean, dated rent record. If you are relying on anti-social behaviour, keep a log of incidents and any correspondence.

Good record-keeping is not only about possession. It runs through almost every landlord duty now, from rent reviews to safety compliance. Our overview of a landlord's legal obligations in London sets out the wider picture, and if you are new to letting, the complete guide to letting a property in London walks through the full process from instruction to move-in.

How notice and the tribunal fit together

A Section 8 notice must use the correct form, cite the right ground, and give the proper notice period before you can apply to the court. Getting any of these wrong can mean starting again, which costs time. Separately, where a dispute concerns a rent increase rather than possession, a tenant can challenge the proposed figure at the First-tier Tribunal, which cannot set a rent higher than the one you proposed. Keeping possession and rent-review processes clearly separate in your own mind, and your records, helps avoid costly missteps.

It is also worth remembering that the grounds sit alongside the rest of the new regime. You will still need to be registered with a government-approved redress scheme and on the Private Rented Sector Database, and you cannot discriminate against families with children or tenants receiving benefits. Our summary of the Renters' Rights Act 2025 for London landlords brings these threads together.

A note on getting it right

The grounds are designed to be fair to both sides, but they are also unforgiving of procedural errors. A small mistake on a notice, or a thin evidence trail, can delay a legitimate claim by months. Many landlords find it helps to have an agent handle the paperwork and keep the audit trail tidy from day one, which is part of what a letting agent does day to day.

If JSLA fully manages your property, we help identify the appropriate Section 8 ground, prepare and serve the relevant notices, and maintain the written records that may be needed if a claim is challenged. If you self-manage or let on a Let Only basis, do get in touch and we can review where you stand. The information here is a general summary rather than legal advice, and for a specific tenancy you should take advice from a qualified professional before serving any notice.