Section 8 Grounds: Key Changes Landlords Should Know

With the end of Section 21 “no-fault” evictions, landlords must now rely on Section 8 grounds to regain possession of their properties. The Renters’ Rights Act 2025 introduces a wide range of new grounds and updates existing ones.

New Grounds Introduced

Several new grounds have been added to reflect modern tenancy needs:

• Selling the Property: Private landlords can now seek possession if they intend to sell, but only after the tenancy has lasted at least 12 months.
• Landlord or Family Moving In: A revised ground allows possession if the landlord or a close family member needs to move in, again after 12 months of tenancy.
• Student Lets: A new ground permits landlords to recover possession of HMOs let to full-time students at the end of the academic year.
• Employment-Linked Tenancies: New grounds cover key workers, agricultural workers, and tenancies linked to employment eligibility or supported accommodation.
• Homelessness and Stepping-Stone Housing: Social landlords and charities can regain possession where tenancies were granted for temporary or transitional housing purposes.
• Superior Lease Issues: Several new grounds address situations where a landlord’s lease is terminated or expires, particularly relevant for social housing providers.

Amendments to Existing Grounds

Some familiar grounds have been updated:

• Rent Arrears: The threshold for mandatory possession has increased. Tenants must now be in at least three months of arrears at both the notice and court hearing stages.
• Redevelopment: Landlords must now show that substantial works cannot be carried out with the tenant in situ, and the tenancy must be at least six months old.
• Death of Tenant: Possession proceedings must begin within 24 months of the tenant’s death.
• Anti-Social Behaviour: This ground has been widened to include more types of criminal and nuisance behaviour.

Notice Periods

Notice periods vary depending on the ground:

• Most new and amended mandatory grounds require four months’ notice.
• Grounds involving rent arrears or anti-social behaviour typically require two to four weeks, with some allowing immediate action.

Discretionary Grounds

While fewer changes have been made to discretionary grounds, they may become more important when Section 21 is gone. These include grounds for persistent arrears, breach of tenancy, deterioration of property or furniture, and false statements. Courts will assess whether it’s reasonable to grant possession on a case-by-case basis.

Understanding the new Section 8 grounds is essential now that landlords can no longer rely on Section 21. While the changes may seem complex, they offer clear legal routes to regain possession. Please do not hesitate to contact us at Litigation@barwells.com or 01323 875050 if you have any queries on the Renters’ Rights Act.