LevelMoves

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:

GroundWhat it coversNotice
1Landlord or close family moving in4 months
1ALandlord intends to sell4 months
8Serious arrears: 3 months' rent (13 weeks if weekly) owed at notice and at the hearing4 weeks
10, 11Some 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.

Every term, A to Z