Not all Section 8 grounds are equal. Mandatory grounds mean the court must grant possession if you prove the ground applies. Discretionary grounds mean the court can refuse, even if the ground is technically met, if it doesn't think eviction is reasonable in the circumstances. Knowing which category your situation falls into changes how strong your claim is before you even get to court.
The grounds landlords use most often
| Ground | Type | Notice period | What it needs |
|---|---|---|---|
| Rent arrears | Mandatory | 4 weeks | At least 3 months' unpaid rent, both when notice is served and at the hearing. |
| Intention to sell | Mandatory | 4 months | Genuine intention to sell; tenancy generally must have run at least a year. |
| Landlord wants it back | Mandatory | 4 months | For the landlord or a close family member to live in, subject to conditions. |
| Breach of tenancy | Discretionary | 2 weeks | Evidence of the specific term breached and how. |
| Anti-social behaviour | Mandatory / Discretionary* | Immediate–4 weeks | Evidence such as police reports, complaints, or a relevant conviction. |
| Student HMO re-let | Mandatory | 4 months | Property let to full-time students; notice must expire 1 June–30 September. |
*Some anti-social behaviour grounds are mandatory, others discretionary, depending on the specific circumstances.
Courts check that the claim matches the notice — same grounds, same dates, same tenancy details. Citing a ground the facts don't support, or one you can't evidence, is one of the most common reasons landlords are sent back to start again.
Can you cite more than one ground?
Yes — and it's often worth it. If you have both rent arrears and a breach of tenancy, for example, citing both gives the court two separate routes to grant possession rather than relying on one holding up entirely on its own.
Not sure which ground applies to you?
Tell us about your tenancy and we'll identify the right grounds and draft a Section 8 notice built to hold up if it goes to court.
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