The impact of the Renters Right Act on Section 8 possession claims and the evidence landlords need to succeed

By now we are all aware that as of 1 May 2026, section 21 has been abolished and possession in the private rented sector in England must proceed under section 8 of the Housing Act 1988, relying on the Schedule 2 grounds as amended by the Renters’ Rights Act 2025.

Success at court will turn on the quality of evidence presented on behalf of the landlord and whether the ground is mandatory or discretionary.

Mandatory vs discretionary grounds

Mandatory grounds require the court to make a possession order if the ground is proved and the notice requirements are met. If both these conditions are satisfied, with the documentation meeting statutory requirements, the court has no discretion to refuse. Presenting complete and precise evidence is therefore the first option available for securing possession of a property.

Discretionary grounds allow the court to decide whether it is reasonable to make a possession order even if the ground is proved. Evidence must therefore do two jobs: prove the breach or facts relied on and persuade the court that it is reasonable to order possession, addressing proportionality and alternatives. For discretionary grounds, in addition to having all one’s documentation in order, contextual material is required showing impact, history, warnings, support offered, and why lesser remedies will not work.

Grounds for possession and notice periods (from 1 May 2026)

The disparate grounds for possession are precisely defined. Identifying the correct one as the basis for your application, and ensuring the required notice period is offered, are therefore essential to ensure success. 

Mandatory Grounds for Possession

Ground 1 allows possession where the landlord, their spouse, civil partner, or other close family member wishes to move into the property. This ground has been extended to include persons living with the landlord as if married or in civil partnership, and the landlord's parent, grandparent, sibling, half-sibling, child, and grandchildren. The minimum notice period is four months.

Ground 1A is a new ground permitting possession where the landlord wishes to sell a freehold or leasehold interest in the property or grant a lease exceeding 21 years. The tenancy must have begun at least one year before the date specified in the section 8 notice, or a compulsory acquisition notice must have been given. The minimum notice period is four months.

Ground 1B applies where a private registered provider of social housing wishes to sell under a rent-to-buy agreement. The landlord must have complied with any requirement to offer the property for sale to the tenant. The minimum notice period is four months.

Ground 2 permits possession where the property is subject to a mortgage and the lender exercises a power of sale requiring vacant possession. There is no requirement for the mortgage to have been granted before the tenancy began. The minimum notice period is four months.

Grounds 2ZA to 2ZD are new grounds addressing situations where the landlord's superior lease is ending. Ground 2ZA applies when the landlord's lease is under a superior tenancy and the superior landlord has given valid notice to terminate, or the superior fixed-term tenancy will expire within 12 months from service of the section 8 notice. This ground can only be used by private registered providers of social housing, landlords with agricultural holdings or farm business tenancies, supported accommodation providers, or companies with at least 50% local authority ownership. The minimum notice period is four months.

Ground 2ZB applies where the landlord's lease is under a superior tenancy with a fixed term exceeding 21 years and either the fixed term will expire or a valid notice has been served to end the superior tenancy within 12 months of service of the section 8 notice. The minimum notice period is four months.

Grounds 2ZC and 2ZD enable superior landlords to regain possession from assured tenants after a superior tenancy ends and the superior landlord becomes the direct landlord by virtue of section 18 of the Housing Act 1988. The superior landlord must have become the direct landlord no more than six months before commencing possession proceedings. The minimum notice period is four months.

Ground 4 applies where the property was let to a student by a specified exempted educational institution during the 12 months before the current tenancy began. This ground now applies to periodic tenancies following the abolition of fixed-term tenancies. The minimum notice period is four months.

Ground 4A is a new ground for student accommodation where the property is a house in multiple occupation, the tenant meets the student test when entering the tenancy, and the landlord intends to let it to students again. Specific conditions apply regarding timing and the landlord's written statement. The minimum notice period is two weeks.

Grounds 5 to 5H cover various situations. Ground 5G relates to tenancies granted for homelessness duty, whilst Ground 5F and other grounds in this series address specific circumstances. Where the court dispenses with the section 8 notice requirement, certain conditions may be disapplied for Grounds 4A, 5G, and 6.

Ground 6 addresses redevelopment situations. Ground 6A relates to alternative accommodation provided during redevelopment. Ground 6B is a new ground permitting possession to allow compliance with enforcement action, including situations where letting causes the landlord to breach a banning order, or where improvement notices, prohibition orders, licensing refusals or revocations, or planning enforcement would be incompatible with continued occupation.

Ground 7A is a new mandatory ground for severe anti-social behaviour or criminal behaviour. This ground allows for shorter notice periods, however the landlord still has to serve a formal Section 8 notice first, and the court cannot waive that step.

Ground 7B relates to situations where the tenant has no right to rent, such as if they do not have lawful immigration status.

Ground 8 applies where there are substantial rent arrears. The landlord must prove arrears of at least three months at the date of service of the section 8 notice and at the date of the hearing. The minimum notice period is four weeks. The landlord still has to serve a formal Section 8 notice first and the court cannot waive that step.

Discretionary Grounds for Possession

Ground 9 applies where suitable alternative accommodation is available. 

Ground 10 relates to rent arrears. 

Ground 11 addresses persistent rent arrears. 

Ground 12 covers breach of tenancy obligations. 

Ground 13 deals with deterioration of the property. 

Ground 14 is the discretionary ground for anti-social behaviour. 

Ground 15 relates to deterioration of furniture. 

Ground 16 applies to lettings in consequence of employment. 

Ground 17 addresses false statements inducing the grant of a tenancy. 

Ground 18 covers additional specific circumstances.

Pre‑service compliance and common pitfalls

Before serving a Section 8 Notice, which now must be via Form 3A, it is vital for landlords and their agents to ensure that they have complied with core letting‑stage and ongoing safety obligations and can prove this. Failures can derail possession and undermine reasonableness on discretionary grounds.

Key documents to have and evidence are: 

• Electrical Installation Condition Report (EICR): current, with any C1/C2 remedials evidenced as completed
• Gas Safety Record (where there are gas appliances): copy served at tenancy commencement and annually thereafter
• Energy Performance Certificate (EPC): evidence of service at tenancy commencement and current rating
• How to Rent guide: correct version served at the commencement of the tenancy and on renewal, where applicable
• Deposit protection and prescribed information (if a deposit was taken): scheme certificate and proof of service within the statutory timeframe
• Renters’ Rights Act Information Sheet: for all new tenancies from 1 May 2026 and for existing tenants by 31 May 2026; keep proof of service.

Pitfalls include serving the wrong form or providing the wrong notice period, misstating the ground, incorrect tenancy details, failing to meet ground‑specific preconditions (for example minimum tenancy length for Grounds 1/1A/4A), and inadequate proof of service.

Ground‑specific evidence: key new grounds

Ground 1A NEW (sale) Focus: a firm and settled intention to sell at the hearing date. The court will look for objective steps. If an offer is withdrawn before the hearing, be ready to show continuing intention and active marketing. Examples of evidence include: 

• Estate agent letter of engagement and valuation
• Marketing particulars and screenshots of live listings
• Instructions to the agent and correspondence about marketing strategy and price changes
• Board minutes or written resolutions if the landlord is a company confirming the decision to sell
• Memorandum of sale, draft contract, and any conveyancer engagement letter or client care letter
• Records of viewings and offers received
• Proof of current marketing if a sale has fallen through
• Proof that the tenancy has run for the minimum 12 months and that one will not re‑let within 12 months of obtaining possession.

Ground 4A NEW (student HMO): the property is a student HMO, the academic year cycle applies, the notice was served between 1 June and 30 September, and possession is sought on expiry of the academic year. Examples of evidence: 

• HMO licence and evidence the property meets HMO criteria
• Tenancy agreements showing occupation by students and alignment with the academic year
• Proof of student status for occupants (university letters or cards) where available
• University term date publications confirming the academic year end point.

Ground 8A NEW (persistent arrears): Here one must show three or more separate occasions within three years when the arrears reached at least three months’ rent. Clearing arrears before the hearing does not defeat the ground, but you must prove the statutory pattern precisely. Evidence examples include: 

• Comprehensive rent account for the entire three‑year window, clearly marking each qualifying occasion and the amount outstanding
• Bank statements corroborating payments and non‑payments
• A schedule summarising the dates on which arrears reached three months’ rent, with calculations
• Tenancy agreement(s) confirming the monthly rent and any variations
• Correspondence showing reminders, payment plans and default notices.

All of the above means gaining possession of a privately rented property is still possible under the new system, but landlords and agents need to be sure they are applying under the correct grounds, are compliant, have the correct evidence and provide the appropriate notice period. It’s a complex maze and failure on any one point could undermine the application. Early legal advice can help avoid these pitfalls to help secure repossession. 

If you would like to discuss this further, or require legal assistance, please contact Mustafa Sidki on 020 8461 6140.