Mandatory grounds[edit]
Ground 1: landlord taking property as their own home[edit]
Used when the landlord wants to live in the property as a permanent home. It is only permitted when the landlord has already lived in it as their main home or they, or their spouse require it to live in as his or her main home.
Evidence of this may be required, together with evidence that the landlord intends to leave their current home.
Ground 2: mortgage property[edit]
Used when the property is subject to a mortgage which existed before the start of the tenancy and the lender wants to repossess the property.
Ground 3: holiday let[edit]
Used when the tenancy is for a period of a maximum of eight months and the property was occupied as a holiday let within the period of twelve months prior to the start of the tenancy. Written notice must be given before or at the start of the tenancy that possession might be recovered based on this ground.
Ground 4: property tied to an educational institution[edit]
Used when the tenancy is for a period of no more than twelve months and the property belongs to an educational institution. Written notice must be given before or at the start of the tenancy that possession might be recovered based on this ground.
Ground 5: housing for a minister of religion[edit]
Used when the property is being used by a minister of religion and is required for another minister. Written notice must be given before or at the start of the tenancy that possession might be recovered based on this ground.
Ground 6: refurbishment[edit]
Used when the landlord wants to reconstruct, demolish or carry out works on part or all of the property which cannot go ahead with the tenant there, perhaps because the tenant will not allow access. If this ground is used, the landlord has to pay reasonable removal costs.
Ground 7: death of the tenant[edit]
Used when the previous tenant has deceased and the tenancy has passed to a new tenant but the new tenant does not have the right to carry on with the tenancy. Proceedings must be brought within twelve months following the death of the tenant, or within twelve months of the landlord becoming aware of the death of the tenant.
Ground 7A: conviction for serious offence[edit]
Ground 7B: service on landlord of notice by Secretary of State in respect of illegal immigrants[edit]
Ground 8: rent arrears[edit]
Used when the rent is still in arrears on the date that the Section 8 notice is served and on the date of the hearing. Where rent is due weekly or fortnightly, at least eight weeks’ rent must be in arrears. Where rent is due monthly, at least two months’ rent must be in arrears. Where rent is due quarterly, at least a quarter’s rent must be in arrears by more than three months. Where rent is due yearly, at least three months’ rent must be in arrears by more than three months.
Discretionary grounds[edit]
Ground 9: alternative accommodation[edit]
This ground states that alternative accommodation will be available for the tenant in the case that the possession order is made and that the landlord has to pay reasonable removal expenses.
Ground 10: rent arrears[edit]
Used when any amount of rent is due on the date that the Section 8 notice is served and is still due on the date that proceedings begin.
Ground 11: regular failure to pay rent[edit]
Used when the tenant has failed on a regular basis to pay the rent. Rent does not have to be in arrears on the date that the Section 8 notice is served.
Ground 12: breach of tenancy agreement[edit]
Used when there has been a breach of any term of the tenancy agreement.
Ground 13: neglect of property[edit]
Used when the property has been neglected by the tenant, sub-tenant or someone living in the property with the tenant who the tenant has not removed and as a result the condition of the property has deteriorated.
Ground 14: anti-social behaviour[edit]
Used when the tenant has caused problems with neighbours, visitors or anyone else; has used the property for illegal or immoral purposes and received a conviction for this; or has received a conviction for an indictable offence in or near the property.
Ground 14a: domestic violence[edit]
Used when the property is occupied by a couple and one member of the couple has left due to violence or threats from the other partner towards the partner who has left or a member of their family who was residing in the property. This ground only applies to property which is owned by a charitable housing trust or registered social landlord.
Ground 15: poor treatment of furnishings[edit]
Used when the furniture in the property has been treated badly by the tenant or by someone residing in the property who the tenant has not removed.
Ground 16: tied to employment[edit]
Used when the tenant was employed by the landlord of the property and has now left the landlord’s employment.
Ground 17: false statements[edit]
The tenant is the person, or one of the persons, to whom the tenancy was granted and the landlord was induced to grant the tenancy by a false statement made knowingly or recklessly by—
(a) the tenant, or
(b) a person acting at the tenant’s instigation
