Grounds for possession (ground 1, 1A and 8)
The reasons in Schedule 2 of the Housing Act 1988 on which a landlord can seek possession. Some are mandatory, some discretionary; the main ones are moving in, selling and arrears.
In short: A ground for possession is a legal reason a landlord can rely on to end an assured tenancy. Mandatory grounds oblige the court to give possession if proved; discretionary ones let the judge decide what is reasonable. The Renters' Rights Act rewrote the list from 1 May 2026.
Ending a tenancy and possessionThe Renters’ Rights Act
England. Checked against the law on 5 October 2026. Information, not legal advice.
The grounds most private landlords meet:
| Ground | What it covers | Notice |
|---|---|---|
| 1 | Landlord or close family moving in | 4 months |
| 1A | Landlord intends to sell | 4 months |
| 8 | Serious arrears: 3 months' rent (13 weeks if weekly) owed at notice and at the hearing | 4 weeks |
| 10, 11 | Some arrears, or persistent late payment (discretionary) | 4 weeks |
Grounds 1 and 1A cannot be used to end a tenancy in its first twelve months, and after using them the landlord cannot re-let or market the home for rent for twelve months. Every ground needs a section 8 notice on Form 3A, and a court order if the tenant stays.
Read more: Getting your property back after section 21
Related: Section 8 notice, Possession order
Where this comes from
Questions people ask
What is the difference between a mandatory and a discretionary ground?
If a mandatory ground is proved, the court must order possession. On a discretionary ground the judge also decides whether it is reasonable to order it.
Guides on this
Guide
What changed for landlords on 1 May 2026
The Renters' Rights Act came into force in England on 1 May 2026. Section 21 is gone, every tenancy is now periodic, and rent rises follow one procedure. Here is what a self-managing landlord actually has to do differently.
Guide
Getting your property back after section 21
Without section 21, possession in England depends on the grounds in Schedule 2. The main ones a self-managing landlord uses, the notice periods, and why LevelMoves hands this to a human.
Guide
What to do when a tenant stops paying rent
Rent arrears in England: check the facts, talk early, agree a plan in writing and keep records. If it cannot be solved, possession is by section 8 notice and a court order only. Never change the locks.
Guide
How to protect a tenancy deposit, and what happens if you are late
Put the deposit in one of the three government schemes within 30 days and give the prescribed information. If late, the tenant can claim one to three times the deposit and most possession grounds close.
Related terms
Glossary
Section 21 notice (abolished)
The "no fault" notice a landlord could use to end an assured shorthold tenancy without a reason. Abolished in England from 1 May 2026, for old and new tenancies alike.
Glossary
Form 3A
The prescribed government form for a section 8 notice seeking possession of a private assured tenancy in England, used since 1 May 2026.
Glossary
Harassment of a tenant
Acts by a landlord or anyone for them that are likely to interfere with a tenant's peace or comfort, meant to make them leave or stop using their rights. A criminal offence.
Glossary
Illegal eviction
Making a tenant leave, or keeping them out, without a court order and bailiffs: changing locks, removing belongings or cutting off services. A criminal offence.
Glossary
Pet request
Since 1 May 2026 a private tenant in England can ask in writing to keep a pet, and the landlord must answer in writing within 28 days and cannot refuse unreasonably.
Glossary
Possession order
A county court order that the tenant must give the home back by a date. Only a possession order, enforced by bailiffs if needed, lawfully ends a tenant's right to stay.