Current Section 8 Grounds 

Under the Housing Act 1988, there are 17 grounds for possession which are listed in Schedule 2 of the Act, these are divided into two categories:

• Mandatory Grounds (Grounds 1 - 8); and 
• Discretionary Grounds( Grounds 9 – 17)

Mandatory grounds are specific legal grounds where, If the landlord can prove that the criteria are met, the court is obliged to grant an order for possession. The landlord must provide sufficient evidence to establish that the ground applies, for example serious rent arrears or proven criminal activity by a tenant. 

Discretionary grounds give the court the discretion to decide whether to grant possession, even if the landlord proves the ground is valid. The court will consider all the circumstances of the case and determine whether it is reasonable and proportionate to evict the tenant. 

The proposed bill will introduce key changes relating to possession for intention to sell or re-occupy, rent arrears, students in HMOs and employment linked tenancies. 

Key Changes To Section 8 Under The Renters Rights Bill 

The most significant changes to Section 8 Grounds under the proposed Renters Rights Bill are as follows:

• Possession on the basis of a landlord intending to sell the property: This ground will require the tenancy to have lasted at least 12 months, and landlords must give tenants 4 months’ notice. Landlords should be aware that they will not be permitted to re-let the property for a restricted period of time. 
• Possession on the basis of the landlord or family intending to move in: Similarly, the notice can only be served after the first 12 months of the current tenancy, and tenants must be given 4 months’ notice. As with the sale ground, the landlord will be prohibited from re-letting or re-marketing the property for letting for a restricted period. 
• Possession on the basis of rent arrears: The threshold for this ground will increase to 3 months (or 13 weeks) of arrears both at the time the notice is served and at the court hearing. Tenants must be given 4 weeks’ notice.
• New grounds for possession relating to superior lease terminations.
• New grounds for possession relating to enforcement action against a landlord:  A landlord may rely on this ground if they are required to end a tenancy because it would be unlawful for them to continue it due to enforcement action (e.g. a banning order or breaches of HMO licence conditions). 
• New grounds for possession for properties let to students in HMOs: Landlords must meet specific criteria, including the HMO and Student Test, before using this ground. Landlords will have to provide 4 months’ notice and cannot rely on this ground if the tenancy was entered into less than 6 months before the tenants were entitled to move in. 
• New grounds for possession relating to employment-linked tenancies: These include cases involving key workers and agricultural workers. 

Sanctions For Unlawful Eviction And Harassment 

Under the proposed Bill local authorities will be given substantial powers to issue fines to landlords and agents up to £40,000 for unlawful eviction and harassment of an occupier under The Protection from Eviction Act 1977. 

The Bill also strengthens Rent Repayment Orders, allowing tenants and local authorities to reclaim up to 24 months rent where landlords commit specific offences – which will include misuse of possession grounds and failure to comply with the private database obligations. 

Court System Preparedness

The new possession process under the proposed Bill will not be implemented until the government is confident the court system is equipped to manage the changes.  

The exact timeline remains uncertain, and the government has not yet defined what constitutes court “readiness”.  Until the Bill becomes law, both Section 21 and Section 8 will continue to apply. 

Eviction Notices

Property offers a comprehensive collection of resources, including step-by-step guidance on the different routes to gain possession of your property. Additionally, there are a range of professionally drafted templates, forms, documents, and letters to help you terminate tenancies including Eviction Notice Template and Using Section 8 to Evict an Assured Shorthold Tenant.