Landlord Wants Tenant to Leave

Most privately rented homes in England are now let on assured periodic tenancies. If you want your tenant to leave, you normally have to:

• Identify the correct ground(s) for possession
• Serve a valid section 8 notice using the prescribed form (Form 3A)
• If the tenant does not leave, issue court proceedings and prove the ground(s)
• Obtain a court order for possession (and enforce it if necessary)

There is no “no-reason” eviction route. If you are unsure about the tenancy type or the correct ground to rely on, seek advice early.

For non-assured tenancies, please see the relevant pages for ending the particular tenancy type later.

Service of notices

Possession cases often fail because a notice is served incorrectly, or the landlord cannot prove service. Keep your approach consistent and evidence-based.

Follow the tenancy agreement first

If the tenancy agreement specifies how notices must be served, follow it precisely. If you do not, the claim to possession may fail.

If the agreement does not specify a method

As a minimum:

• Serve by post, and obtain a free certificate of posting from the Post Office
• Avoid recorded delivery unless you are confident the tenant will sign or the tenancy requires that method (a refusal can help the tenant argue non-receipt)
• Hand delivery can be useful; a photo at the door can help evidence service
• Only take a witness if they would realistically attend court if required
• If the tenancy allows service by email, you can email a copy – but it is still sensible to also post a copy so you have postal evidence for court and avoid arguments about whether it landed in a spam/junk folder

Allow time for delivery

Always allocate additional days for service. Courts often apply deemed service rules when considering whether a notice was “received” in time.

Good practice is to allow at least four additional days beyond the minimum notice period to cover delivery and deemed service.

Joint tenancies

Where the tenancy is joint and several (multiple tenants on one agreement), serve a single notice that includes all tenants’ names. This principle was confirmed in the county court (so not binding): _Regency Property Management (UK) Ltd v Aleksandrowicz & Anor_ 2025 EWCC 74 (19 December 2025)

Agent’s service

A letting/managing agent may serve notices on the landlord’s behalf (with authority). The notice should be from the landlord and served by the agent. Use the exact names listed in the tenancy agreement to avoid disputes over who the notice is from.

Companies signing notices

A landlord or agent (with authority) that is a limited company can sign section 8 notices without the formalities of section 44 Companies Act 2006 (Northwood (Solihull) Ltd v Fearn & Ors [2022] EWCA Civ 40).

Assured tenancies in the PRS – how possession works

Possession is via section 8 grounds only

To regain possession, you must rely on one or more grounds for possession in Schedule 2 to the Housing Act 1988 (as amended), served using a section 8 notice.

There are:

• Mandatory grounds (the court must order possession if the ground is proved and conditions are met); and
• Discretionary grounds (the court must also be satisfied it is reasonable to order possession)

The section 8 notice (prescribed form)

The section 8 notice must:

• Specify all ground(s) relied on
• State the earliest date court proceedings may begin
• Explain the time limit within which proceedings must be started (usually 12 months from when the notice was served)

The exact wording/layout is set by regulations and prescribed forms. The notice to use is Form 3A.

Do not use a ground unless you reasonably believe it applies

A landlord or agent must not rely on a Schedule 2 ground unless they reasonably believe the landlord is, will or may be able to obtain a possession order on that ground. Only serve a section 8 notice where you genuinely and reasonably believe the ground applies, based on the facts and evidence.

Misuse may trigger civil penalties, and more serious misuse may attract more severe sanctions.

Your tenancy paperwork can affect which grounds you can use

Where the tenancy requires a written statement under section 16D of the Housing Act 1988, there is a serious compliance risk if Grounds 1B, 2ZA–2ZD, 4, 5–5H, 6A, or 18 are not actually set out in the written statement given to the tenant. Landlords should not assume those grounds can safely be relied on if the written statement did not cover them.

This is separate from the old “prior notice” rules. Ground 5, for example, no longer has its old separate prior-notice condition, but it is still one of the grounds listed in section 16D(3) and section 16E(1)(f). If the required written-statement wording was not given, the risk is a statutory duty/compliance and enforcement issue; section 16E(5) says that breach does not, by itself, prevent the court from making a possession order.

Similarly, a student’s ground statement should be included in the written statement to use Ground 4A.

Overview of the grounds (what they are and when they’re used)

This section summarises the full set of grounds. Some are specialist grounds mainly relevant to social or other specialist landlords rather than most private landlords, but they are included here for completeness. Further down, there is more practical detail on the grounds most commonly used in the PRS.

Mandatory grounds

Ground 1 – Landlord or family occupation (4 months) Used where the landlord (or a close family member) genuinely needs to live in the property as their only or principal home. Cannot be used if the relevant date in the notice falls within the first 12 months of the current tenancy. Restrictions apply to re-letting/marketing after use.

Ground 1A – Intention to sell (4 months) Used where the landlord genuinely intends to sell the property (or grant a long lease). Cannot be used if the relevant date in the notice falls within the first 12 months of the current tenancy. Restrictions apply to re-letting/marketing after use.

Ground 1B – Rent-to-buy sale (4 months) (PRPs only) Private registered provider rent-to-buy arrangements.

Ground 2 – Sale by mortgagee (4 months) Used where the lender requires vacant possession to exercise a power of sale.

Ground 2ZA – Superior lease ending (4 months) (limited landlord types) For PRPs, agricultural landlords, supported accommodation providers or majority local-authority-owned companies where the landlord’s own superior lease is ending.

Ground 2ZB – Superior lease ending (4 months) Where the landlord’s superior fixed-term lease of more than 21 years is coming to an end (or has ended).

Ground 2ZC – Possession by superior landlord (4 months) (limited situations) Where the superior landlord becomes the direct landlord under section 18 Housing Act 1988 after the superior tenancy ends and seeks possession in the required time period.

Ground 2ZD – Superior landlord after long lease (4 months) Where a superior landlord becomes the direct landlord under section 18 Housing Act 1988 after expiry/ending of a superior fixed-term lease of more than 21 years and seeks possession in the required time period.

Ground 4 – Student accommodation (2 weeks) (specified educational bodies) Where the property was let to students in the previous 12 months and is needed for use by specified educational establishments.

Ground 4A – Student HMO cycling between cohorts (4 months) A mandatory student ground for genuine student HMOs moving between academic-year cohorts. The written statement must contain information about this ground.

Ground 5 – Minister of religion housing (2 months) Property held for a minister of religion and needed for that purpose.

Ground 5A – Agricultural worker occupation (2 months) The landlord needs the property to house an agricultural worker.

Ground 5B – Employment-linked occupation (2 months) (PRPs only) PRP employment-criteria accommodation; tenant no longer meets criteria.

Ground 5C – End of employment by landlord (2 months) Employment-linked occupation cases where the tenancy was granted because of the tenant’s employment, and the employment ends, or the accommodation is required for another employee in the circumstances set out by the ground.

Ground 5D – End of employment requirement (2 months) (PRPs only) PRP employment condition no longer met.

Ground 5E – Supported accommodation purpose mismatch (4 weeks) Supported accommodation where the tenant did not enter the tenancy for the purpose of receiving care/support/supervision.

Ground 5F – Supported accommodation no longer suitable/viable (4 weeks) Supported accommodation where specified circumstances mean it is no longer viable or suitable for that tenant.

Ground 5G – Temporary homelessness duty accommodation (4 weeks) Local authority homelessness duty accommodation no longer required (must be used within 12 months of the local authority notice).

Ground 5H – “Stepping stone” accommodation (2 months) (PRP/charity only) Time-limited or eligibility-linked stepping-stone accommodation where eligibility ends.

Ground 6 – Redevelopment (4 months) Demolition/substantial redevelopment where works cannot reasonably be done with the tenant in occupation, with additional statutory conditions. The tenancy must usually have begun at least 6 months before the relevant date in the notice.

Ground 6A – Decant accommodation (4 months) (relevant social landlords) Where a tenant has been decanted, and the social landlord now seeks possession of the decant property.

Ground 6B – Compliance with enforcement action (4 months) Used where possession is needed to comply with certain housing/licensing/planning enforcement situations. The court may order compensation to the tenant when granting possession.

Ground 7 – Death of tenant (2 months) Tenancy devolves under will/intestacy in circumstances where Ground 7 applies, with a time limit for starting proceedings. In ordinary private landlord cases, the ground is now much narrower where the person inheriting the tenancy was already living in the property as their only or principal home immediately before the tenant died.

Ground 7A – Serious anti-social behaviour / criminal behaviour (immediate issue) Proceedings may be commenced immediately after service (without a minimum notice period), but special rules apply.

Ground 7B – No right to rent (2 weeks) Where the Secretary of State has notified the landlord that at least one tenant or adult occupier has no right to rent.

Ground 8 – Serious rent arrears (4 weeks) Mandatory arrears ground. The threshold is higher than under the old rules: broadly, at least 3 months’ arrears (or 13 weeks for weekly/fortnightly rents) must exist at both the notice date and the hearing. Arrears solely due to delayed Universal Credit housing costs (where the tenant is entitled to the UC housing element) are disregarded when assessing the threshold.

Discretionary grounds

Ground 9 – Suitable alternative accommodation (2 months) Used where suitable alternative accommodation is (or will be) available.

Ground 10 – Any rent arrears (4 weeks) Used for arrears below the Ground 8 threshold, often as a fallback with Ground 8.

Ground 11 – Persistent delay in paying rent (4 weeks) Used where rent is persistently paid late (whether or not arrears exist at hearing), often alongside Grounds 8/10.

Ground 12 – Breach of tenancy (non-rent) (2 weeks) General breach ground (e.g. unauthorised subletting, refusal of access, pets breach), subject to reasonableness.

Ground 13 – Deterioration of property (2 weeks) Where the condition of the property/common parts has deteriorated due to tenant conduct/neglect.

Ground 14 – Anti-social behaviour (immediate issue) Proceedings may commence immediately after service, but the court must consider reasonableness and the statutory factors.

Ground 14A – Domestic abuse (2 weeks) (social landlords) Social landlord ground to evict a perpetrator where the partner has left and is unlikely to return.

Ground 14ZA – Rioting (2 weeks) Indictable riot-related conviction.

Ground 15 – Deterioration of furniture (2 weeks) For furnished lettings where furniture deteriorates due to ill-treatment, subject to reasonableness.

Ground 17 – Tenancy obtained by false statement (2 weeks) Where the tenancy was granted due to a false statement made knowingly or recklessly.

Ground 18 – Supported accommodation – refusal to engage (4 weeks) Supported accommodation ground where the tenant unreasonably refuses to engage with support, subject to reasonableness and written statement issues. This is a specialist ground and is not available to an ordinary private landlord in a standard PRS letting.

Notice periods, mixing grounds, and time limits

The notice must cover the longest notice period

Where you rely on more than one ground, the section 8 notice must be at least as long as the longest required notice period for any ground included (except where the notice includes Grounds 7A or 14, where proceedings may be started immediately).

Proceedings must be started in time

Section 8 notices have a strict time limit. You must usually start court proceedings within 12 months of the date the section 8 notice is served. If you miss that deadline, you’ll usually need to serve a fresh notice.

There are special rules which can affect timing in debt respite cases (see breathing space below), so take care with arrears notices that become old.

Special timing point for serious ASB cases

Where the only grounds established are Grounds 7A and/or 14, the court cannot make an order for possession that takes effect within 14 days of service of the section 8 notice (or the equivalent date where notice has been dispensed with).

In practice, urgent cases still require evidence and careful handling.

Deposit protection: a gateway issue for most possession claims

Where a tenancy deposit has been taken, deposit compliance is a condition for most possession orders.

In broad terms, the court may only make a possession order in most cases if:

• The deposit is currently held in an authorised scheme, and
• Scheme requirements and prescribed information requirements have been complied with

Late compliance can still allow possession, but penalties for late compliance can still apply.

There are limited carve-outs, including where the court is making an order only on Ground 7A or Ground 14.

If deposit compliance is not correct, remedy it promptly. Depending on the circumstances, that may mean protecting the deposit and serving the prescribed information before the court makes the possession order, or refunding the deposit where appropriate. There are also cases where the bar will no longer apply because any tenant deposit claim has already been finally dealt with, withdrawn or settled.

Even a strong ground may not result in a possession order if deposit compliance is not put right.

Breathing space and arrears claims

If the tenant is in a Debt Respite Scheme breathing space, special rules apply to arrears cases.

• Do not serve a notice relying on Grounds 8, 10 or 11 while a breathing space moratorium is in force
• Do not start a new possession claim based on those arrears grounds during the moratorium
• Ongoing rent still falls due during the breathing space – it is not a payment holiday
• If you are considering arrears grounds, check first whether you have received a breathing space notification

There are also special rules which can extend the life of an older arrears notice after the breathing space ends. If a breathing space applies, take care with timing.

Guidance on the most-used PRS grounds

This section provides further detail on the grounds most commonly relied upon by private landlords and letting agents.

Ground 1 – landlord/family occupation (mandatory)

Ground 1 applies where the landlord or a close family member needs to live in the property as their only or principal home, for:

• the landlord
• the landlord’s spouse, civil partner or partner (as if married/civil partners)
• the landlord’s parent, grandparent, sibling, child or grandchild
• the child or grandchild of the landlord’s spouse/partner

Key points:

• The current tenancy must not be in its first 12 months at the relevant date in the notice.
• Because the test is tied to the relevant date, not the date of service, a notice can be served before the tenancy has run for a full year, provided the relevant date (date of expiry) falls after the 12-month point.
• This is a mandatory ground if proved and conditions are met.
• There is a strict restriction on re-letting/marketing after using Ground 1 (see below).

Evidence to expect Be ready to provide evidence of a genuine intention to occupy (and, where relevant, the relationship), including housing circumstances, job change, family circumstances, and a coherent plan to move in.

Ground 1A – intention to sell (mandatory)

Ground 1A applies where the landlord intends to:

• sell the freehold or a leasehold interest; or
• grant a lease of more than 21 years that is not terminable early by notice

Key points:

• The current tenancy must not be in its first 12 months at the relevant date in the notice.
• Because the test is tied to the relevant date, not the date of service, a notice can be served before the tenancy has run for a full year, provided the relevant date (expiry date) falls after the 12-month point.
• This is a mandatory ground if proved and conditions are met.
• Re-letting/marketing restrictions apply after use.

Evidence to expect Courts will expect realistic steps towards sale, such as estate agent instructions, marketing particulars, solicitor instructions, or other objective evidence of an intention to sell.

Re-letting/marketing restrictions after Ground 1 or Ground 1A

If you rely on Ground 1 (moving in) or Ground 1A (sale), there is a strict “restricted period” designed to stop landlords using these grounds as a shortcut to churn tenants.

During the restricted period, you must not:

• grant a new tenancy of the property (generally, any tenancy of 21 years or less), or
• allow occupation under a paid licence (for example, taking in a paying lodger or using a paid “licence to occupy”), or
• market the property to let (or authorise an agent to market it), or
• advertise it as available for paid occupation

The restricted period usually starts when the section 8 notice is served and runs well beyond the notice expiry date. A good rule of thumb is:

• where you use the usual 4-month notice, the overall restricted period will typically be around 16 months from service (the notice period plus a further 12 months calculated from the earliest date proceedings can begin)

This restriction can apply even if the tenant leaves early, unless you clearly fall within one of the narrow statutory exceptions.

Treat Grounds 1 and 1A as “one-way doors”. Only use them where the intention to move in or sell is genuine, you can evidence it, and you can live with not re-letting or marketing the property for a substantial period.

Ground 4A – student HMOs cycling between cohorts (mandatory)

Ground 4A is for genuine student HMOs moving between academic-year cohorts.

Key conditions (in outline):

• The property is an HMO (or within an HMO)
• All joint tenants meet the “student test” when the tenancy is entered into (or the landlord reasonably believes they will become full-time students during the tenancy)
• A written statement was given before the tenancy was entered into, including the required student-ground information
• The tenancy was not entered into more than 6 months before the start date
• The relevant date (expiry date of the notice) falls between 1 June and 30 September
• The landlord genuinely intends to re-let to students next time

Ground 6 – redevelopment (mandatory)

Ground 6 is designed for substantial works (demolition/reconstruction/substantial works) that cannot reasonably be carried out with the tenant in occupation, and includes additional statutory conditions and anti-abuse protections.

Key points:

• The tenancy must usually have begun at least 6 months before the relevant date in the notice.
• The landlord must show that the works genuinely cannot reasonably be carried out with the tenant still in occupation.
• This is a technical, evidence-heavy ground.

Because it is technical and evidence-heavy, take advice before relying on it.

Ground 6B – compliance with enforcement action (mandatory)

Ground 6B applies where continued letting would conflict with certain housing, licensing, or planning enforcement situations. The court may order compensation to the tenant when granting possession, depending on the circumstances.

Ground 7 – death of tenant (mandatory)

Ground 7 applies where the tenancy devolves under will/intestacy in circumstances where Ground 7 is available, and proceedings are started within the required time limits.

A key change is that, in an ordinary private landlord case, Ground 7 will usually not be available if the person on whom the tenancy devolved was already occupying the property as their only or principal home immediately before the former tenant’s death, unless the tenancy had previously devolved on an earlier death.

Acceptance of rent after the death does not create a new tenancy and does not waive Ground 7 unless the landlord agrees in writing to specified changes.

Ground 7A – serious anti-social behaviour / criminal behaviour (mandatory; immediate issue)

Ground 7A is for the most serious cases (convictions, breaches of certain orders, closure orders, etc.). Proceedings can be started immediately after service.

These are evidence-heavy cases, and specialist advice is often appropriate.

Ground 8 – serious rent arrears (mandatory)

Ground 8 is the key mandatory arrears ground. The arrears threshold is higher than under the old rules:

• weekly/fortnightly rent: at least 13 weeks’ unpaid rent
• monthly rent: at least 3 months’ unpaid rent (where the rent is payable in advance, this is 2 months plus a day of non-payment)

The threshold must be met at both:

• the date the notice is served; and
• the date of the hearing

Landlords commonly also include:

• Ground 10 (any arrears); and
• Ground 11 (persistent late payment)

as a fallback, in case the tenant reduces arrears below the mandatory threshold before the hearing.

Universal Credit point (Ground 8 threshold) When determining whether the Ground 8 threshold is met, arrears solely attributable to delayed Universal Credit housing costs (where the tenant is entitled to the UC housing element) are disregarded.

Breathing space point If the tenant is in a Debt Respite Scheme breathing space, do not serve a notice relying on Ground 8 while the moratorium is in force.

Ground 10 – any rent arrears (discretionary)

Use Ground 10 where there are arrears, but Ground 8 is not met (or as a backup). The court must consider whether it is reasonable to make a possession order.

Evidence: rent schedule, statements, and a clear rent account.

Where some or all of the arrears are linked to delayed Universal Credit housing costs, expect that to be relevant to the court’s view on reasonableness, even though the statutory UC carve-out is specific to Ground 8.

If the tenant is in a Debt Respite Scheme breathing space, do not serve a notice relying on Ground 10 while the moratorium is in force.

Ground 11 – persistent delay in paying rent (discretionary)

Ground 11 addresses repeated late payment patterns, even where arrears are reduced before the hearing. Evidence is crucial: keep a clear payment history showing repeated late payments.

Where delayed Universal Credit housing costs are part of the picture, expect that to be relevant to reasonableness.

If the tenant is in a Debt Respite Scheme breathing space, do not serve a notice relying on Ground 11 while the moratorium is in force.

Ground 12 – breach of tenancy (non-rent) (discretionary)

Ground 12 covers breaches such as unauthorised subletting, pets where prohibited, misuse of the property, or refusal of access. The court must consider reasonableness.

Good practice is to warn the tenant in writing, specify the breach, and give the tenant a reasonable opportunity to remedy it (unless the breach is serious or not realistically remediable).

Ground 13 – deterioration of property (discretionary)

Ground 13 is used where the condition of the property or common parts has deteriorated due to the tenant’s conduct/neglect (more than fair wear and tear).

Evidence: inventories, inspection reports, photos/videos, contractor quotes, and correspondence.

Ground 14 – anti-social behaviour (discretionary; immediate issue)

Ground 14 covers nuisance/annoyance in the locality, nuisance/annoyance to the landlord or staff connected with housing management functions, and certain criminal convictions linked to the dwelling.

Proceedings can be started immediately after service, but:

• it remains discretionary (reasonableness must be satisfied), and
• the court must consider statutory factors (including impact on others and co-operation). Where the tenant is in an HMO, the court must give particular weight to the impact of the behaviour on the other occupiers who share accommodation or facilities with that tenant.

Ground 15 – deterioration of furniture (discretionary)

For furnished lettings where the landlord’s furniture has deteriorated due to ill-treatment. Evidence is essential, and courts often treat less serious cases as primarily deposit/money issues rather than possession issues.

Ground 17 – tenancy obtained by false statement (discretionary)

Used where the tenancy was granted because of a false statement made knowingly or recklessly, and the landlord was induced to grant the tenancy. Evidence (applications, references, emails) is crucial, and the court must consider reasonableness.

Going to court: the basic routes

Upon expiry of the section 8 notice, you must never attempt to force possession yourself. The notice does not end the tenancy, but instead allows court proceedings seeking a possession order to commence against the tenant.

Arrears-only cases

Where the claim relates solely to rent arrears grounds, you may be able to use the Possession Claim Online (PCOL) route.

Other cases (or mixed grounds)

Where the claim is not solely rent arrears, you usually need to use the standard court process and forms for possession claims using forms N5 and N119.

Court processes and forms can change. Always use the current HMCTS guidance and forms.

Hearing

There will be a court hearing on a section 8 notice at which the landlord must prove the grounds on which it relies. Typically, the first hearing will be between 4 and 8 weeks after the court has processed the claim form.

Only a short time is normally allocated for the first hearing, so it may be postponed to allow either party to provide additional information or to allow more time to review the grounds on which it relies.

Transitional cases (section 21 or section 8 served before 1 May 2026)

Some tenancies may still be in an “old notice” position because a valid notice was served before commencement.

In that case, the Renters’ Rights Act does not apply to the tenancy in question; instead, it continues as an assured shorthold tenancy, including any fixed term and all the rules that were in place before 1 May 2026.

If a section 21 or 8 notice has been served and you wish to serve the opposite notice after 1 May 2026 (e.g. you have already served s.21 and now want to serve s.8), you would use the previous pre-1 May forms and old timeframes that were in place before. This is because the Act does not commence the tenancy until the notice times out without being acted on within the transitional timeframe, or until court proceedings are concluded.

The transitional rules may allow:

• existing court proceedings started before commencement to continue to conclusion; or
• a short window after 1 May to start proceedings based on a pre-commencement notice (subject to strict transitional time limits, with the latest being 31 July 2026)

If you are dealing with a notice served before commencement, check the timing urgently. If the notice expires under the transitional rules, you generally need to restart under the current section 8 regime.