Residential possession: a landlord's guide to Section 8 grounds of eviction

As a private landlord in England and Wales, there may be times when you need to regain possession of your property due to issues like rent arrears or antisocial behaviour. The Section 8 eviction process, set out under the Housing Act 1988, allows landlords to seek possession through the courts when a tenant has breached the terms of their Assured Shorthold Tenancy.

This guide provides a step-by-step overview of the Section 8 eviction process to help you understand the key stages and legal requirements. Please note that this article is to act as a general guide only and is not intended to form legal advice as each case has its own set of unique circumstances.

What is a Section 8 eviction?

A Section 8 eviction is a formal procedure that allows a landlord to apply to the court for a possession order when the tenant has breached the tenancy agreement. This is most commonly used for reasons such as:

• Rent arrears
• Antisocial behaviour (e.g. causing nuisance to neighbours)
• Damage to the property or other breaches of the tenancy agreement

Section 8 of the Housing Act 1988 allows landlords to apply to the court for possession of a property if certain criteria are met. The criteria fall into two categories: mandatory and discretionary. If a landlord is relying on mandatory grounds, the court will grant possession if the landlord can prove the ground is valid. This guide will focus on the mandatory section 8 grounds for eviction.

There are 8 mandatory grounds for eviction under Section 8. Below are the details of each ground:

Ground 1: Landlord requires the property for their own use

• When to use: This ground is applicable when the landlord wants to regain possession of the property to live in it as their main residence.
• Requirements: The landlord must have lived in the property as their main residence before the tenancy started.
• Notice: The minimum notice period for ground 1 is two months. The landlord must inform the tenant, preferably in writing, before the tenancy begins that they may want to rely on Ground 1 in the future. However, the court has the discretion to overlook this requirement. The Court of Appeal ruled that verbal notice, rather than written notice, can be sufficient if it is clear that the tenant understood the landlord might move back into the property.

Ground 2: Mortgage lender requires repossession

• When to use: This ground applies when the property is subject to a mortgage, and the mortgage lender wants to repossess the property.
• Requirements: The mortgage must have been taken out before the tenancy agreement started.
• Notice: The minimum notice period for ground 2 is two months.

Ground 3: Property previously used as a holiday let

• When to use: This ground is used if the property was previously let out as a holiday let and is now needed to be used for the same purpose again.
• Requirements: The property should have been used as a holiday let before the tenancy began, and the landlord wants to return it to that use.
• Notice: The minimum notice period for ground 3 is two weeks.

Ground 4: Property let by an educational institution

• When to use: This ground applies if the property is owned by an educational institution (e.g., university or college) and is needed to house students.
• Requirements: This ground can only be used if the tenants were warned before the tenancy began that the property might be needed for this purpose during the tenancy. Another requirement is that the tenancy is for a fixed term of not more than 12 months, and during the year before the start of the tenancy the accommodation was a student letting.
• Notice: The minimum notice required for ground 4 is two weeks.

Ground 5: Property needed for a minister of religion

• When to use: This ground is used when the property is required for use and occupation by a minister of religion to perform their duties.
• Requirements:
  • The property must be held for use by a minister of religion to carry out their duties.
  • The property must be required for occupation by a minister of religion.
• Prior notice: The landlord must have informed the tenant in writing before the start of the tenancy that they might use Ground 5. The court cannot waive this requirement.
• Notice period: The minimum notice period required for Ground 5 is two months.
• Possession during a fixed term: A possession order granted on Ground 5 cannot take effect during a fixed-term tenancy. The landlord must wait until the fixed term has ended.

Ground 6: Property needed for redevelopment or refurbishment

• When to use: If the landlord wants to redevelop or refurbish all or part of the property and landlord can prove these works cannot reasonably be carried out by the landlord whilst the tenant remains in the property. The landlord does not have to provide alternative accommodation during this time, but they may be liable to cover the tenant's reasonable removal costs. This ground can also apply when a landlord has rented the property to a housing association, which has then sublet it to the tenant.
• Requirements: The landlord must have plans for redevelopment or major works that require the property to be vacant.
• Restrictions: A landlord is unable to use this ground if the tenant succeeded to the tenancy on the death of a regulated tenant, or if the landlord bought the property during the tenancy.
• Notice: The minimum notice period required for ground 6 is two months.

Ground 7: The original tenant has died

• When to Use: This ground is used when the original tenant has passed away and the original tenant has passed the tenancy to their beneficiaries through their will or via the intestacy rules.
• Requirements: The landlord must begin possession proceedings (serving a Section 8 notice alone is not enough to show the landlord started proceedings) no later than 12 months after the death of the original tenant, or if directed by the court, the date at which the landlord became aware of the passing of its tenant.
• Restrictions: This ground is unable to be exercised when someone has inherited the tenancy under the rules of succession.
• Notice: The minimum notice period required for ground 6 is two months.

Ground 7A: Antisocial behaviour

• When to use: Ground 7A applies when a tenant or someone connected to the property (either living there or visiting) engages in antisocial behaviour, and one of the five specified conditions is met.  A condition is deemed not met if an appeal against the conviction, order, or finding is either successful or pending.
• Requirements: The court must grant possession if any of the five antisocial behaviour conditions are met. If the tenant or associated individual has been convicted or found guilty of any relevant action under these conditions, the landlord may apply for possession.

Condition 1: Conviction of a serious offence

• When to use: If the tenant or anyone associated with the property (living there or visiting) is convicted of a serious offence either:
  • In the locality of the property, or
  • Elsewhere against someone living in or entitled to occupy accommodation in the locality, or against the landlord or their employees.
• Requirements: A serious offence is defined under legislation and must have been committed on or after 20 October 2014. The notice seeking possession must be served within 12 months of the conviction. If there is an appeal, the 12-month period starts from the appeal's resolution or abandonment.

Condition 2: Breach of an injunction

• When to use: If the tenant or anyone living with or visiting the tenant breaches an injunction issued to prevent nuisance or annoyance.
• Requirements: The injunction must have been breached in the locality of the property. If the breach occurred elsewhere, the injunction must have been to prevent harassment, alarm, or distress for:
  • A person living in the locality or entitled to occupy accommodation there, or
  • The landlord or their employees.

The notice seeking possession must be served within 12 months of when the court found the breach, or within 12 months from the resolution of any appeal, if one is made.

Condition 3: Breach of a criminal behaviour order

• When to use: If the tenant or anyone associated with the property breaches a criminal behaviour order prohibiting activities in the locality.
• Requirements: The breach must have occurred within the locality of the property, or, if it happened elsewhere, the order must have been issued to protect:
  • A person living or entitled to occupy accommodation in the locality, or
  • The landlord or their employees.

The notice seeking possession must be served within 12 months of the conviction. The 12 month period starts when the appeal (if any) is resolved.

Condition 4: Closure order

• When to use: If a closure order has been issued for the tenant's property, and the tenant has been denied access to the property for more than 48 hours.
• Requirements: The notice seeking possession must be served within three months of the closure order being made. If there is an appeal, the 3-month period starts from the decision or abandonment of the appeal.

Condition 5: Noise nuisance

• When to use: If the tenant or anyone living with or visiting the tenant has been convicted of breaching either:
  • A noise abatement notice, or
  • A court order related to noise nuisance.
• Requirements: The notice seeking possession must be served within 12 months of the conviction. The 12-month period begins from the resolution of any appeal

Possession during a fixed term on ground 7A

• When to use: A possession order based on Ground 7A can take effect during a fixed-term tenancy if the tenancy agreement allows for it.

Notice period for ground 7a

• When to use:
  • The minimum notice period for fixed-term tenancies is one month.
  • The minimum notice period for periodic tenancies is four weeks.

If the landlord is using multiple grounds and includes Ground 7A, the notice period for Ground 7A applies to the entire notice.

Discretionary antisocial behaviour grounds

There are also discretionary grounds for antisocial behaviour, which landlords may choose to use either in addition to or instead of Ground 7A.

Ground 7B: Tenant does not have a right to rent

• When to use: Ground 7B applies when the Home Office notifies the landlord that one or more tenants or occupiers do not have the right to rent, but not all of the tenants or occupiers are affected.
• Who has the right to rent? Some individuals automatically have a right to rent, such as British and Irish citizens. Others may have a right to rent depending on whether they have leave or permission to be in the UK. Anyone without leave to remain in the UK has no right to rent.
• Private landlords are prohibited from renting to individuals who are disqualified from renting due to their immigration status.

When no one has the right to rent

• When to use and requirements: Ground 7B does not apply if the Home Office notifies the landlord that all tenants or occupiers in the property have no right to rent. In such cases, the assured tenancy is converted to a tenancy excluded from protection under the Protection from Eviction Act 1977.
• Notice: Once the tenancy is converted, the landlord can then serve a 28-day notice on the prescribed form.

Joint tenancies where another tenant has the right to rent

• When to use: Ground 7B can be used in joint tenancies if at least one tenant has the right to rent.
• Requirements: If this is the case, the court may order that the tenancy interest of the tenant without a right to rent is transferred to one of the other tenants who does have the right to rent. This is an alternative to evicting everyone and ending the tenancy.

Possession during a fixed term on ground 7B

• A possession order under Ground 7B can take effect even during a fixed-term tenancy.

Notice period for ground 7B

• The minimum notice period required for Ground 7B is two weeks.

Ground 8: Rent arrears

• When to use: This ground is one of the most common reasons for eviction. It applies when the tenant has accrued significant rent arrears.
• Requirements:
  • If the tenant pays rent weekly, the arrears must be at least eight weeks.
  • If the tenant pays rent monthly, the arrears must be at least two months.
  • If the tenant pays rent quarterly or yearly, the arrears must be at least 3 months.
  • The tenant must owe rent when the notice is served as well as at the time of the court hearing. If you only rely on Ground 8, there's a risk the tenant could reduce their arrears just before the hearing. It's often recommended to use another ground to ensure the tenant cannot lower the arrears below the required threshold before the hearing.
• Notice: The minimum notice required for ground 8 is two weeks.

While the Section 8 process offers landlords a way to evict tenants under specific, mandatory circumstances, it's important to ensure compliance with all legal requirements. Always keep clear records, follow the correct notice procedures, and seek legal advice to avoid disputes and ensure a smooth eviction process.