Section 8 The New Grounds for Possession: Understanding the Renters' Rights Act
- DNB Future Properties
- Nov 28
- 5 min read
Section 8 The New Grounds for Possession: Understanding the Renters' Rights Act. The abolition of Section 21 "no-fault" evictions is official. The Renters' Rights Act 2025 is now law, and the entire eviction landscape has shifted to a single, grounds-based system using Section 8 Notices.
For landlords, this means the era of ending a tenancy simply because the term has expired is over. You must now rely exclusively on the new, strengthened, and expanded Mandatory Grounds for Possession.
Here is a breakdown of the critical Section 8 Grounds you need to know and the key restrictions applied to each.
Category 1: Landlord-Driven Possession (The "No-Fault-Related" Grounds)
These new grounds replace the function of Section 21 where the tenant is not at fault but the landlord requires the property back for legitimate business or personal reasons.
1. New Ground 1A: Intent to Sell the Property
This mandatory ground is now the primary legal route for landlords wishing to sell a property with vacant possession.
• Requirement: The landlord must have a genuine intention to sell the property. Evidence (such as instructing an estate agent or solicitor) will be required in court.
• Notice Period: A minimum of 4 months' notice must be given to the tenant.
• Initial Restriction: This ground cannot be used within the first 12 months of the original tenancy commencement date, giving the tenant a year of guaranteed security.
• Anti-Misuse Penalty: Crucially, if possession is granted on this ground, the landlord cannot re-let or re-market the property for let for a period of 12 months after the execution of the possession order. This is a strict measure to prevent landlords from abusing the ground to simply change tenants.
2. Ground 1: Landlord or Family Member Moving In
This ground has been tightened to ensure it is used only for genuine occupation needs.
• Requirement: The landlord (or a close family member: spouse, civil partner) must genuinely intend to occupy the property as their only or principal home.
• Notice Period: A minimum of 4 months' notice must be given.
• Initial Restriction: Like Ground 1A, this cannot be used within the first 12 months of the tenancy.
• Proof: The landlord must demonstrate a genuine and settled intention to occupy the property.
Category 2: Tenant-Driven Fault (The Financial Grounds)
The grounds relating to rent arrears have been significantly revised. While possession remains mandatory, the tenant is given more time to rectify the situation.
3. Revised Ground 8: Serious Rent Arrears (The Higher Bar)
This ground remains the primary mandatory tool for dealing with significant rent arrears, but the threshold and notice period are both increased.
• Arrears Threshold: The tenant must be in at least 3 months' rent arrears (for monthly payers), up from the previous 2 months.
• Notice Period: A 4 weeks' notice period is now required, doubled from the previous 2 weeks.
• Implication: A landlord must now lose at least 4 months of rent (3 months to reach the threshold + 1 month notice) before they can compel proceedings.
4. New Ground 8A: Repeated Serious Arrears (Targeting Persistent Delay)
This essential new mandatory ground provides relief for landlords plagued by tenants who repeatedly fall into serious arrears, only to pay them down at the last minute to defeat Ground 8.
• Requirement: Possession is mandatory if the tenant has been in at least two months' worth of rent arrears (or the equivalent) on three separate occasions within the preceding three years.
• Purpose: This ground focuses on the history and pattern of late payment, rather than the exact amount owed on the day of the hearing, tackling persistent financial risk.
Category 3: Anti-Social Behaviour (Ground 7A – Accelerated)
This ground ensures landlords can act quickly to protect their property and other residents from criminal or harmful conduct.
• Requirement: The tenant has engaged in serious anti-social behaviour or criminal activity.
• Notice Period: The notice period is significantly shortened, allowing landlords to begin possession proceedings immediately in cases of serious anti-social behaviour (subject to the full court process).
• Focus: The intent is to use the existing court system to process these urgent cases faster to safeguard the wider community.
Your Preparation Checklist
The abolition of Section 21 shifts the burden of proof entirely to the landlord. To prepare for the Act's commencement in 2026, you must:
• Document Everything: Maintain meticulous records of rent payments, anti-social incidents (with clear evidence), and communications regarding property sale or occupation.
• Serve Correct Notice: Ensure you use the prescribed Section 8 form and adhere strictly to the new 4-month notice periods for "no-fault-related" grounds.
• Plan Ahead: If you foresee needing to sell your property, factor in the 12-month initial restriction and the mandatory 4-month notice period.
The new Act is a call for greater professionalism and compliance in the sector.
Yes, transitioning your agreements is vital. The abolition of fixed terms and the new pet provisions require your tenancy documents to be immediately compliant the moment the Act's provisions commence. Section 8 The New Grounds for Possession: Understanding the Renters' Rights Act is vital for your future planning.
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