New Possession Grounds After the Renters’ Rights Act 2025

1. Mandatory and discretionary grounds

A mandatory ground is one where the court must grant possession if the landlord proves the conditions of the ground. A discretionary ground is one where the court, in addition to the conditions being met, must also be satisfied that it is reasonable to grant possession.

In practice this means mandatory grounds are the stronger route but tend to carry stricter conditions and longer notice periods. Discretionary grounds are more flexible but turn on the court’s view of the whole circumstances, including the tenant’s conduct and personal position.

2. Ground 1: occupation by landlord or family member

Ground 1 has been widened. The landlord may recover possession where they, or a close family member, intend to occupy the property as their only or principal home. “Close family member” now includes a parent, grandparent, sibling, child, grandchild, or a cohabiting partner of any of these.

Notice period: four months.

Restriction: the relevant date specified in the notice cannot fall within the first 12 months of the tenancy. In practice, a landlord can serve the four-month notice after month eight, so that it expires after the 12-month mark.

Evidential requirements: Ground 1 is mandatory, but the landlord still needs to satisfy the court of genuine intention to occupy. The Act does not specify what evidence is required; this will develop through case law.

3. Ground 1A: landlord intends to sell

Ground 1A is a new mandatory ground. It allows the landlord to recover possession where they genuinely intend to sell the property.

Notice period: four months.

Restriction: as with Ground 1, the relevant date cannot fall within the first 12 months of the tenancy.

Re-letting restriction: if possession is obtained on Ground 1A, the landlord cannot re-let or market the property for re-letting for 12 months from the relevant date in the notice. Marketing the property for letting (including on short-let platforms such as Airbnb) during the restricted period is a criminal offence, unless the agent can show that all reasonable steps were taken to prevent it.

Evidential requirements: genuine intention to sell, typically evidenced by instructing an estate agent, obtaining a valuation, or entering into a contract. The Act does not mandate specific evidence; the court will assess on the facts.

4. Ground 6: demolition or substantial redevelopment

Ground 6 is amended to allow possession where the landlord (or a superior landlord) intends to demolish or substantially redevelop the property, and the works cannot be carried out with the tenant in occupation.

Notice period: four months.

Conditions: the landlord must have acquired their interest in the property before the start of the tenancy. The tenancy must have begun at least six months before the Section 8 notice is served (12 months where the landlord is a compulsory purchase acquiring authority).

5. Ground 8: serious rent arrears (mandatory)

Ground 8 is the main mandatory rent arrears ground. It is tightened under the Act.

Threshold: at least three months’ arrears (or 13 weeks’ arrears where rent is paid weekly or fortnightly), both at the date the notice is served and at the date of the hearing. Under the pre-Act regime, the threshold was two months (or eight weeks). The tightening of the arrears threshold is one of the most operationally significant changes in the Act.

Notice period: four weeks (previously two weeks).

Universal Credit carve-out: in calculating arrears, any amount that is unpaid only because the tenant has not yet received a Universal Credit housing element payment is disregarded. This reflects the government’s concern that administrative delays in benefit payment should not trigger mandatory possession.

6. Grounds 10 and 11: some rent arrears, persistent late payment (discretionary)

Ground 10 covers cases where some rent is in arrears at the date the notice is served and the hearing, but the three-month threshold for Ground 8 is not met. Ground 11 covers cases of persistent late payment, even where the tenant is not in arrears at the date of the hearing.

Notice period: four weeks.

These are discretionary grounds: the court will consider whether possession is reasonable on the facts, including the landlord’s conduct, the tenant’s circumstances, and the overall payment history.

7. Ground 12: breach of the tenancy agreement (discretionary)

Ground 12 remains in force unamended. The landlord may seek possession where the tenant has breached a significant term of the tenancy other than the obligation to pay rent. Typical examples include subletting without permission, unauthorised alterations, or causing damage.

Notice period: two weeks.

Ground 12 is discretionary, so the court will consider the seriousness and persistence of the breach, any warnings given, and whether possession is a proportionate response.

8. Ground 14: anti-social behaviour (discretionary)

Ground 14 covers anti-social behaviour by the tenant or a person residing in or visiting the property. The Act retains the ability to serve notice with immediate effect and to begin proceedings without waiting for a notice period to expire.

Notice period: immediate (proceedings can be issued at any time after service).

Ground 14 is discretionary. The court will consider the seriousness, frequency and impact of the behaviour on others.

9. Student HMO ground (Ground 4A)

There is a specific ground for student HMOs, aligned to the academic cycle, which allows landlords letting to full-time students in an HMO to recover possession between 1 June and 30 September each year, provided the tenancy was granted for the academic year and the tenants were informed of the ground at the outset.

Notice period: four months.

Conditions: the property must be an HMO let to full-time students on qualifying higher education courses, and specific notice must have been given before the tenancy began.

10. Notice periods at a glance

These are statutory minimums; the notice must specify the earliest date on which possession proceedings can be issued, and that date must be at least the notice period after service.

• Ground 1 (landlord/family occupation): four months
• Ground 1A (sale): four months
• Ground 6 (redevelopment): four months
• Ground 4A (student HMO): four months
• Ground 8 (serious arrears): four weeks
• Grounds 10/11 (other arrears, persistent late payment): four weeks
• Ground 12 (breach of tenancy): two weeks
• Ground 14 (anti-social behaviour): immediate

11. Compliance preconditions

Under the new regime, most possession grounds require the landlord to have complied with key regulatory obligations before notice is served. In particular, a court will not grant a possession order where:

These preconditions mirror the position that previously applied to Section 21. The practical effect is that pre-tenancy compliance is now the foundation of any later possession claim.

• the deposit has not been protected in an approved scheme
• prescribed deposit information has not been served
• a valid gas safety certificate was not provided at the start of the tenancy
• a valid EPC was not provided
• a valid Electrical Installation Condition Report (EICR) was not provided
• the How to Rent guide was not served

12. Practical observations

Every Section 8 claim requires a court hearing. There is no accelerated paper-based route equivalent to the old Section 21 procedure. Landlords should assume a slower timeline than they may have been used to.

The four-month notice periods on Grounds 1, 1A and 6 mean that landlords need to plan well in advance. A landlord who decides in November to sell cannot realistically expect vacant possession before March at the earliest, and in practice often later once court time is factored in.

Evidence matters more than it did. On discretionary grounds in particular, the court will expect to see a clear written record: warnings, communications with the tenant, rent ledgers, inspection reports. A landlord relying on memory or informal conversations will be at a disadvantage.

The 12-month restriction on Grounds 1 and 1A (and the 12-month re-let restriction after possession on Ground 1A) is a significant commercial constraint. Landlords should think about these grounds at the tenancy selection stage, not just at the point of wanting possession.