Section 8 notice: grounds for possession

• Ground 1 - when a landlord or his spouse has occupied the dwelling as his only or principle home at some time, and has given notice of his intention to return. Successors in title to the landlord may also use this ground provided they did not purchase the dwelling. (That covers family members);
• Ground 2 - a mortgagee requiring possession in order to exercise a power of sale. The mortgage must pre-date the tenancy and the tenant must have been warned about this possibility in the tenancy agreement;
• Ground 3 - the property has been the used for holiday lets within the last 12 months and has currently been let on a fixed term of up to 8 months. This is to enable holiday lettings to continue in the next season;
• Ground 4 - the property is owned by an educational establishment and has been let to one or more students for a fixed term of up to 12 months;
• Ground 5 - the property is owned by a religious body, and possession is now required in order to accommodate a minister of religion;
• Ground 6 - the landlord requires possession in order to demolish or substantially reconstruct the building;
• Ground 7 - where a tenant dies, the landlord may obtain possession against any person in occupation, provided proceedings are commenced within one year of the tenant’s death (or later if the court allows) irrespective of whether rent was accepted or not. This ground cannot be used against a surviving spouse;
• Ground 8 - rent arrears. The court must make an order for possession provided:
• The arrears exceed 8 weeks if the rent is paid weekly or fortnightly, 2 months if paid monthly, or one quarter if paid quarterly, or 3 months if paid yearly;
• The arrears continue both at the date of the landlord’s notice and at the date of the hearing;
• The landlord, including notice that possession is sought on this ground; has given proper notice.

Discretionary Grounds, where the court will decide after hearing the parties:

• Ground 9 - the landlord has offered the tenant suitable alternative accommodation and the tenant has refused it. The new property and the tenancy terms offered must be broadly comparable with the existing tenancy. The landlord may have to pay removal expenses;
• Ground 10 - rent is in arrears, but by less than the amount set out in ground 8;
• Ground 11 - the tenant is persistently late in payment of rent. Note that the court may take into account reasons for the delay beyond the tenant’s control;
• Ground 12 - the tenant is in breach of one or more terms of the tenancy agreement, other than rent payment;
• Ground 13 - the tenant has intentionally, or negligently or carelessly damaged the property or allowed others to do so;
• Ground 14 - the tenant or someone on the premises with his consent is causing a nuisance to neighbours or is using the property for illegal or immoral purposes;
• Ground 15 - the tenant has intentionally, or negligently or carelessly damaged the landlord’s furniture or allowed others to do so.
• Ground 16 - the tenant was an employee of the landlord and the employment has now been terminated;
• Ground 17 - the tenancy has been created as a result of a false statement knowingly made by the tenant or someone acting on his behalf;

Relevant resources: section 8 notice | section 21 notice

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