Mastering Section 8: Your Post-Section 21 Toolkit

When Section 21 "no-fault" evictions end, Section 8 becomes the only way to regain possession of your property. Understanding the grounds and process is now essential.

The 17+ Grounds for Possession

Mandatory Grounds (Court must grant possession):

• Ground 1: Landlord previously lived in property OR wishes to occupy
• Ground 2: Mortgage lender requires possession
• Ground 8: 2+ months' rent arrears at notice AND hearing date

Discretionary Grounds (Court decides based on reasonableness):

• Ground 10: Some rent arrears
• Ground 11: Persistent delay in paying rent
• Ground 12: Breach of tenancy terms
• Ground 14: Anti-social behaviour
• Ground 17: False statement by tenant

New/Strengthened Grounds (Under Renters' Rights Bill)

• Selling the property: Must have owned for 12+ months
• Family occupation: For landlord or close family
• Student lets: For designated student properties
• Repeated rent arrears: New ground for persistent late payment

The Process (Step by Step)

1. Identify valid ground(s) - Often multiple grounds apply
2. Serve Section 8 Notice - Correct form and notice periods
3. Wait for notice period - 2 weeks to 2 months depending on ground
4. Apply to court - If tenant doesn't leave
5. Attend hearing - Present evidence
6. Obtain possession order - Outright or suspended
7. Apply for warrant - If tenant still doesn't leave

Common Mistakes That Lose Cases

❌ Wrong notice form ❌ Insufficient evidence of arrears ❌ Accepting partial payment after serving notice ❌ Not keeping dated records ❌ Errors in tenancy agreement relied upon

Document Templates

Roost provides court-ready Section 8 notice templates with guidance for each ground. Generate notices directly from your dashboard with pre-filled property and tenant details.