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Which Section 8 ground can I use, and how much notice does it need?

Section 21 has ended, so possession needs a ground.

Say why you need the property back, how long the tenancy has run and what you hold, and see the ground, how much notice it needs and the gaps in your evidence.

Why do you need possession?

How long has the tenancy run?

Monthly rent

Rent owed now

The running balance, not the last month's shortfall.

Grounds to look at

Available
Ground 8: serious rent arrears
Mandatory · notice: 4 weeks
Arrears are at or above three months' rent. The court must order possession if the arrears are still at that level at the hearing.
Available
Ground 10: some rent unpaid
Discretionary · notice: 4 weeks
Any rent lawfully due and unpaid. The court decides whether possession is reasonable.
Available
Ground 11: persistent late payment
Discretionary · notice: 4 weeks
For a tenant who has repeatedly paid late, even if nothing is owed today. It rests on the payment history, so the ledger matters.

The arrears must be at the Ground 8 level when the notice is served and again at the hearing.
A validly drafted notice and a court order are both still needed. England only: Wales, Scotland and Northern Ireland have separate routes.

What evidence do you hold?

Rent ledger showing what was due and what was paid each periodThe core exhibit for Grounds 8, 10 and 11.
Bank statements showing the payments receivedCorroborates the ledger.
Copies of reminders and arrears letters, with datesShows the tenant knew and what you did.
Repair history with dates and outcomesA tenant defending arrears commonly counterclaims for disrepair.
Signed tenancy agreement and any variationsShows who the parties are and the terms relied on.
Deposit protection certificate, scheme reference and proof the prescribed information was servedPossession depends on the deposit having been protected or returned.
Gas safety, electrical and EPC certificates, with proof the tenant received themMissing paperwork is the usual defence to a claim.
A dated log of what you told the tenant and whenDisputed conversations are decided on what was recorded at the time.

8 of 8 not yet ticked: those are the gaps to close before you serve anything.

Before you serve anything

The possession evidence checklist goes through the whole file, and the rent arrears tracker builds the ledger Ground 8 depends on.

Where it sits

A guide to which ground to look at, not advice that one is made out. Whether a ground succeeds turns on your facts, a validly drafted notice and, for discretionary grounds, what a judge finds reasonable. Grounds and notice periods are those in the government's Guide to the Renters' Rights Act, read on 7 October 2026. Take advice from a housing solicitor before you serve.

LetBuddy builds the evidence as the tenancy runs: every rent period, repair, certificate, notice and logged conversation on one dated timeline, exported as a single PDF for your solicitor.

Common questions

What ground do I use to evict for rent arrears?

Ground 8 if at least three months' rent is owed, which makes possession mandatory if it is still owed at the hearing. Ground 10 covers any arrears but is discretionary, and Ground 11 covers persistent late payment. All three need four weeks' notice since 1 May 2026.

What notice do I give to sell a tenanted property?

Four months under Ground 1A, and not in the first 12 months of the tenancy. After using it you cannot market or re-let the property for 12 months.

Can I move back into my property?

Ground 1 covers you or a close family member moving in, on four months' notice, and, like the selling ground, not in the first 12 months of the tenancy.

What is the difference between mandatory and discretionary?

If a mandatory ground is proved, the court must order possession. For a discretionary ground it can order it only if that is reasonable on the facts, which is why the surrounding evidence matters more.

What notice do grounds for breach, damage or anti-social behaviour need?

Two weeks for breach of the tenancy (Ground 12) and for deterioration of the property (Ground 13). Immediate for anti-social behaviour (Ground 14) and for the most serious cases under Ground 7A. A short notice does not make the case easier to prove.

Does this work in Wales, Scotland or Northern Ireland?

No. Section 8 of the Housing Act 1988 is an England regime. Wales, Scotland and Northern Ireland have their own grounds, notice periods and tribunals.

Does it store what I enter?

No. It runs in your browser and nothing is sent to a server. Download the checklist if you want to keep it.

Keep the record as it happens

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