Assured tenancy mandatory grounds from 1 May 2026
The court normally orders outright possession of a private assured tenancy if it is satisfied that the conditions for a mandatory ground are met.
The law has changed
The Renters' Rights Act changes mandatory grounds for assured tenancies. This page applies to notices for private assured tenancies served from 1 May 2026.
Different mandatory grounds apply to:
notices served for private tenancies before 1 May 2026
social tenancies, including housing association tenancies
Find out more about assured tenancy mandatory grounds for private tenancies before 1 May 2026 and social tenancies.
- What is a mandatory ground for possession
- Ground 1: Occupation by landlord or family
- Ground 1A: Sale of the property
- Ground 2: Sale by mortgage lender
- Ground 2ZA: Possession when superior lease ends
- Ground 2ZB: Possession when fixed term superior lease ends
- Ground 2ZC: Possession by superior landlord
- Ground 2ZD: Possession by superior landlord (fixed term)
- Ground 4: Student accommodation
- Ground 4A: Properties rented to students for occupation by new students
- Ground 5: Ministers of religion
- Ground 5A: Occupation by agricultural worker
- Ground 5C: End of employment by landlord
- Ground 5E: Occupation as supported accommodation
- Ground 5F: Dwelling house occupied as supported accommodation
- Ground 5G: Tenancy granted for homelessness duty
- Ground 5H: Stepping stone accommodation
- Ground 6: Property required for redevelopment
- Ground 6B: Compliance with enforcement action
- Ground 7: Death of the tenant
- Ground 7A: Antisocial behaviour
- Ground 7B: Tenant does not have a right to rent
- Ground 8: Serious rent arrears
- Table: Assured tenancy grounds and notice periods from 1 May 2026
What is a mandatory ground for possession
A landlord can seek possession of an assured tenancy using a mandatory ground.
The Renters' Rights Act introduced new mandatory grounds for private tenancies from 1 May 2026. The grounds are set out in schedule 2 of the Housing Act 1988, as amended by the Renters' Rights Act 2025.
When different grounds apply
Different grounds apply for:
private assured tenancies where a section 8 notice was served before 1 May 2026
private assured shorthold tenancies
assured and assured shorthold tenancies with social landlords, such as housing associations
Find out more about assured mandatory grounds for private tenancies before 1 May 2026 and social tenancies.
Landlord's notice seeking possession on a mandatory ground
The landlord serves a notice seeking possession to start the possession process, also called a 'section 8' notice.[1]
The notice must:[2]
list the grounds relied on
explain how these grounds apply
state a date after which court proceedings can start
Where the landlord uses multiple grounds on the same notice, the longest notice period normally applies.
The court has the discretion to dispense with the requirement on the landlord to serve a valid notice if it is just and equitable to do this. This discretion does not apply to possession claims on grounds 7A, 7B or 8.[3]
After the notice expires, the landlord can issue a possession claim in the County Court.
Find out more about section 8 notices.
Tenant's defence to a mandatory ground
A tenant might have a defence if they can provide the court with evidence that either:
the landlord's ground has not been proved
the landlord has not complied with tenancy deposit protection rules
the tenant has a defence under the Equality Act
the tenant has a counterclaim against the landlord where the possession claim is brought on rent arrears
Find out more about the tenant's defence and counterclaim process.
Orders the court can make
The court must order possession if it is satisfied that the conditions for the mandatory ground are met.[4] The court usually makes an outright possession order for 14 days after the hearing but can postpone the possession date for up to 42 days in cases of exceptional hardship. The 42 days runs from the date the order is made.[5]
Find out more about what orders the court can make.
Discretionary grounds
A landlord might use discretionary grounds for possession in addition to or instead of mandatory grounds. For example, the discretionary rent arrears grounds 10 and 11 are usually used alongside the mandatory rent arrears ground 8. If the landlord has issued the notice and the claim on all three grounds, they can decide which to proceed with at the hearing. If the landlord proceeds on a mandatory ground, the court must make the possession order if it is satisfied the ground is proved.
Find out more about rent arrears possession and ground 8 possession.
Sometimes the landlord does not proceed on the mandatory ground. For example, because it no longer applies, or they have reached an agreement with the tenant. In this case the landlord can rely on the discretionary grounds.
Find out more about discretionary grounds for possession of assured tenancies.
Ground 1: Occupation by landlord or family
The court must order possession on ground 1 when the landlord requires the property for occupation as the only or principal home by either:[6]
themselves
their partner
the parent, grandparent, sibling, child or grandchild of the landlord or their partner
The landlord's partner includes a spouse, civil partner or cohabitee. Family members include half relations.
Where there are joint landlords, the ground can apply to any landlord.
When ground 1 can be used
Ground 1 cannot be used during the first 12 months of the tenancy. The date the notice expires must be more than 12 months after the start of the current tenancy.
Notice period for ground 1
The minimum notice period for ground 1 is four months.[7]
Restrictions on letting the property again after using ground 1
After a landlord uses ground 1, during the restricted period they must not:[8]
re-let the property, apart from to a qualifying family member
market the property or authorise another person to market the property
The restricted period normally:[9]
starts the date the notice is served
ends 12 months from the date specified in the notice as the earliest date possession proceedings can start
The restriction on re-letting includes giving another tenancy or a licence to occupy, such as a holiday let.
The restricted period ends when the court makes an order for possession on a ground other than ground 1 or ground 1A.[10]
Find out more about possession when the landlord wants to sell or move in.
Ground 1A: Sale of the property
The court must order possession on ground 1A when a private landlord intends to sell the property.[11]
This includes where the landlord intends to sell the freehold, leasehold, or grant a lease for a term more than 21 years.
Ground 1A is only available to private landlords. The ground is not available where the landlord is a social landlord or the tenancy is a regulated tenancy or agricultural occupancy.
Ground 1A cannot be used where the tenancy was already an assured tenancy before 1 May 2026.[12]
When ground 1A can be used
The landlord cannot usually use ground 1A during the first 12 months of the tenancy. The notice must expire more than 12 months after the start of the current tenancy.
The landlord can use ground 1A earlier than 12 months into the tenancy where the landlord has both:[13]
been given a notice of compulsory acquisition
intends to sell their interest to the local authority
Notice period for ground 1A
The minimum notice period for ground 1A is four months.[14]
Restrictions on re-letting after using ground 1A
After a landlord uses ground 1A, during the restricted period they must not:[15]
re-let the property
market the property or authorise another person to market the property
The restricted period normally:[16]
starts when the date the notice is served
ends 12 months from the date specified in the notice as the earliest date possession proceedings can start
The restriction on re-letting includes giving another tenancy or a licence to occupy, such as a holiday let.
The restricted period ends when the court makes an order for possession on a ground other than ground 1 or ground 1A.[17]
Find out more about possession when the landlord wants to sell or move in.
Ground 2: Sale by mortgage lender
The court must order possession on ground 2 when both:[18]
the property is subject to a mortgage or charge
the lender is entitled to exercise a power of sale and requires vacant possession
When ground 2 might apply
A tenancy granted before the mortgage can be binding on the mortgage lender. The lender can rely on ground 2 to bring possession proceedings to remove the tenant.
Find out more about a tenant's rights when a landlord is repossessed.
Notice period for ground 2
The minimum notice period for ground 2 is four months.[19]
Ground 2ZA: Possession when superior lease ends
The court must award possession on ground 2ZA when the landlord who is seeking possession has a superior lease which is due to end, either because the:[20]
superior landlord has given a valid notice to end the tenancy within 12 months
superior tenancy is a fixed term which expires within 12 months from when the notice is served
A superior landlord exists where the landlord has a tenancy for the same property with another landlord. The superior landlord is the landlord's landlord.
Landlords who can use ground 2ZA
The landlord must be a:
a tenant of the superior landlord under an agricultural tenancy[21]
supported accommodation provider
company of which a local authority owns at least 50% of the issued share capital
Private registered providers of social housing cannot use this ground until tenancy reform is extended to the social rented sector in 2027.
Prior notice required for ground 2ZA
The landlord must have told the tenant in writing before the start of the tenancy that they might use ground 2ZA.[22] The landlord must do this as part of the statement of terms given to the tenant.[23]
Find out more about the statement of terms for assured tenancies.
The court can still make an order using ground 2ZA if the landlord did not give prior notice, but the local authority can apply to court for a financial penalty against the landlord.[24]
Notice period
The notice period for ground 2ZA is four months.[25]
Ground 2ZB: Possession when fixed term superior lease ends
The court must award possession on ground 2ZB where the landlord who is seeking possession holds a superior tenancy which is a fixed term of more than 21 years and either the:[26]
fixed term will expire within 12 months
fixed term has expired and any party to the superior tenancy has served a valid notice to end that tenancy within 12 months
A superior landlord exists where the landlord has a tenancy for the same property with another landlord. The superior landlord is the landlord's landlord.
Prior notice required for ground 2ZB
The landlord must have told the tenant in writing before the start of the tenancy that they might use ground 2ZB.[27] The landlord must do this as part of the statement of terms given to the tenant.[28]
Find out more about the statement of terms for assured tenancies.
The court can still make an order using ground 2ZB if the landlord did not give prior notice, but the local authority can apply to court for a financial penalty against the landlord.[29]
Notice period for ground 2ZB
The notice period for ground 2ZB is four months.[30]
Ground 2ZC: Possession by superior landlord
Ground 2ZC applies where the tenancy reverted to the superior landlord under section 18 Housing Act 1988 no more than six months before possession proceedings start.
The court must award possession on ground 2ZC where the previous landlord under the assured tenancy was a:[31]
tenant of the superior landlord under an agricultural tenancy[32]
supported accommodation provider
company of which a local authority owns at least 50% of the issued share capital
Private registered providers of social housing cannot use this ground until tenancy reform is extended to the social rented sector in 2027.
A superior landlord exists where the landlord has a tenancy for the same property with another landlord. The superior landlord is the landlord's landlord.
Prior notice required for ground 2ZC
The landlord must have told the tenant in writing before the start of the tenancy that they might use ground 2ZC.[33] The landlord must do this as part of the statement of terms given to the tenant.[34]
Find out more about the statement of terms for assured tenancies.
The court can still make an order using ground 2ZC if the landlord did not give prior notice, but the local authority can apply to court for a financial penalty against the landlord.[35]
Notice period for ground 2ZC
The minimum notice period for ground 2ZC is four months.[36]
Ground 2ZD: Possession by superior landlord (fixed term)
The court must award possession on ground 2ZD where the tenancy reverted to a superior landlord and the lease was for a fixed term of more than 21 years which has expired.[37]
The superior landlord or freeholder must apply to court within six months from the date the lease reverted to them.
A superior landlord exists where the landlord has a tenancy for the same property with another landlord. The superior landlord is the landlord's landlord.
Prior notice required for ground 2ZD
The landlord must have told the tenant in writing before the start of the tenancy that they might use ground 2ZD.[38] The landlord must do this as part of the statement of terms given to the tenant.[39]
Find out more about the statement of terms for assured tenancies.
The court can still make an order using ground 2ZD if the landlord did not give prior notice, but the local authority can apply to court for a financial penalty against the landlord.[40]
Notice period for ground 2ZD
The minimum notice period for ground 2ZD is four months.[41]
Ground 4: Student accommodation
The court must order possession on ground 4 if during the 12 months before the start of the tenancy the accommodation was a student letting.[42]
Ground 4 might apply if the property is let to students by a university during term time and rented out to tenants during the holidays.
A landlord cannot gain possession on ground 4 where the tenancy is an assured agricultural occupancy and the agricultural worker condition is fulfilled.[43]
What is a student letting
A student letting is a tenancy granted by a specified educational institution, or another specified housing provider, to a student who is pursuing, or intends to pursue, a part time or full time course at the educational institution.[44]
The Secretary of State issued regulations to specify the educational institutions and housing providers.[45]
Prior notice required for ground 4
The landlord must have told the tenant in writing before the start of the tenancy that they might use ground 4.[46] The landlord must do this as part of the statement of terms given to the tenant.[47]
Find out more about the statement of terms for assured tenancies.
The court can still make an order using ground 4 if the landlord did not give prior notice, but the local authority can apply to court for a financial penalty against the landlord.[48]
Where the tenant arose by succession to a regulated tenancy, prior notice must have been given to the previous tenant.[49]
Notice period for ground 4
The minimum notice period for ground 4 is two weeks.[50]
Ground 4A: Properties rented to students for occupation by new students
Ground 4A applies where the landlord seeks possession of a property rented out to students and the landlord intends to let the property to a student when the property is next let.
The court must award possession on ground 4A where all requirements are met. The requirements are that the:[51]
property is an HMO or in an HMO
tenant meets the student test when the tenancy is entered into
landlord gives the tenant prior notice that they will use ground 4A
landlord intends to let the property to a student when the property is next let
Definition of a student
A tenant meets the 'student test' where they are a full-time student at the time, or the landlord reasonably believes that the tenant would be become a full-time student during the tenancy. Where there are two or more tenants, all tenants must meet the student test.
A full-time student means someone receiving education under a full-time course.[52]
Prior notice required for ground 4A
The landlord must have told the tenant in writing before the start of the tenancy that they might use ground 4A.
Where the tenancy was already in existence on 1 May 2026, the landlord must give a written statement to the tenant that they intend to use ground 4A by 31 May 2026.[53]
Notice period for ground 4A
The notice period for ground 4A is two months where that notice is both:[54]
served between 1 May 2026 and 31 July 2026
for a tenancy in existence before 1 May 2026
The minimum notice period for ground 4A in other cases is four months.[55]
Timing of notice for ground 4A
The date given on the notice as the earliest date the landlord can apply to court must be between 1 June and 30 September of that year.
The tenant must have signed the tenancy agreement less than six months before they moved into the property. The court can, if it considers it just and equitable to do so, disapply this requirement.[56] This requirement does not apply to tenancies in existence on 1 May 2026.[57]
Purpose built student accommodation
Some requirements for ground 4A do not apply for tenants in purpose built student accommodation (PBSA) where the tenancy began before 1 May 2026.[58]
Requirements which do not apply for PBSA tenancies which started before 1 May 2026 include that:
the property is an HMO
the date on the notice from which the landlord can apply to court is between 1 June and 30 September
the tenant must have signed the tenancy agreement under six months before they moved in
Ground 5: Ministers of religion
The court must order possession on ground 5 when the property is both:[59]
held for use by a minister of religion to perform their duties
required for occupation by a minister of religion
Ground 5 cannot be used where the tenancy is an assured agricultural occupancy where the agricultural worker condition is met.[60]
Prior notice for ground 5
The landlord must have given prior notice that they might use ground 5 if the assured tenancy arose by succession to a family member after the death of a regulated tenant.[61]
Notice period for ground 5
The minimum notice period for ground 5 is two months.[62]
Ground 5A: Occupation by agricultural worker
The court must order possession on ground 5A when the landlord requires the property to accommodate someone who will be employed by the landlord as a seasonal or permanent employee in agriculture.[63]
Where there are joint landlords, it is sufficient for just one of the landlords to be the employer.
Prior notice required for ground 5A
The landlord must have told the tenant in writing before the start of the tenancy that they might use ground 5A.[64] The landlord must do this as part of the statement of terms given to the tenant.[65]
Find out more about the statement of terms for assured tenancies.
The court can still make an order using ground 5A if the landlord did not give prior notice, but the local authority can apply to court for a financial penalty against the landlord.[66]
Notice period for ground 5A
The minimum notice period for ground 5A is two months.[67]
Ground 5C: End of employment by landlord
The court must award possession on ground 5C where the property was let to the tenant as part of their employment and they are no longer in that employment.[68]
Ground 5C can also be used where the tenancy was granted to provide the tenant with accommodation during the early period of employment, and that purpose has been fulfilled. The landlord must intend to let the property to another current or future employee.
The tenant must have been employed:
by the landlord
by at least one joint landlord
by a previous landlord under the tenancy, or
under an agreement between the landlord and the tenant's employer
Prior notice required for ground 5C
The landlord must have told the tenant in writing before the start of the tenancy that they might use ground 5C.[69] The landlord must do this as part of the statement of terms given to the tenant.[70]
Find out more about the statement of terms for assured tenancies.
The court can still make an order using ground 5C if the landlord did not give prior notice, but the local authority can apply to court for a financial penalty against the landlord.[71]
Notice period for ground 5C
The notice period for ground 5C is two months.[72]
Ground 5E: Occupation as supported accommodation
The court must award possession on ground 5E where the landlord requires possession to let the property as supported accommodation and both:[73]
the landlord holds the property for the purposes of supported accommodation
the tenant did not enter the tenancy for the purpose of receiving care, support or supervision
Supported accommodation
Supported accommodation means a property let to a tenant who receives care, support or supervision provided by either:[74]
the landlord or a person acting on the landlord's behalf
someone else where the tenant has been admitted to meet their need for care, support and supervision
The landlord must be a registered charity or voluntary organisation. Private registered providers of social housing cannot use this ground until tenancy reform is extended to the social rented sector in 2027.
Prior notice required for ground 5E
The landlord must have told the tenant in writing before the start of the tenancy that they might use ground 5E.[75] The landlord must do this as part of the statement of terms given to the tenant.[76]
Find out more about the statement of terms for assured tenancies.
The court can make an order using ground 5E if the landlord did not give prior notice, but the court can order a financial penalty against the landlord.[77]
Notice period for ground 5E
The notice period for ground 5E is four weeks.[78]
Ground 5F: Dwelling house occupied as supported accommodation
The court must award possession on ground 5F where the accommodation is supported accommodation when the tenancy was granted and one of the following scenarios applies.[79]
Where support services have ended
The court must award possession where:
the tenancy was granted to provide the tenant with support services for a limited time
that period has ended
Where support services provided by another provider have ended
The court must award possession where a provider other than the landlord provides support services to the tenant and the:
services have come to an end or the person is not fulfilling their obligations
property is not managed accommodation
landlord has used reasonable endeavours to find another person to provide support services to the tenant but has not been able to do so
Where funding has ended
The court must award possession the accommodation was funded wholly or partly by someone other than the landlord or tenant and:
that funding is no longer being provided
where the property is not managed accommodation, the landlord used reasonable endeavours to find alternative funding but was not able to do so
it would not be reasonable for the landlord to continue to provide accommodation or for the provider to continue to provide support in the circumstances
Where the financial viability of the landlord is affected
The court must award possession where the:
financial viability of the landlord or services it provides would be threatened, in the landlord’s reasonable opinion, if the landlord continued to provide the supported accommodation project
the landlord used reasonable endeavours to identify alternative funding for the project but was not able to do so
Supported accommodation project means supported accommodation consisting of:
two or more properties in the same building as, or near each other
two or more properties occupied by tenants who receive support services of a similar kind
support services of a similar kind provided to tenants of two or more properties that are supported accommodation
Where the support services are not appropriate
The court must award possession where either the:
tenant does not need the level of services provided, or any support services
support services do not meet the tenant's needs
Where the property is not appropriate
The court must award possession where the property was supported accommodation when the tenancy was granted and:
the property has physical features intended to allow someone with particular needs to live more independently
those physical features are not needed by the tenant
The court must also award possession where the property is physically unsuitable for a person with the tenant’s needs for support services to live in.
Prior notice required for ground 5F
The landlord must have told the tenant in writing before the start of the tenancy that they might use ground 5F.[80] The landlord must do this as part of the statement of terms given to the tenant.[81]
Find out more about the statement of terms for assured tenancies.
The court can make an order using ground 5F if the landlord did not give prior notice, but the court can order a financial penalty against the landlord.[82]
Notice period on ground 5F
The notice period for ground 5F is four weeks.[83]
Ground 5G: Tenancy granted for homelessness duty
The court must award possession on ground 5G where the tenant had at any time occupied the property as temporary homelessness accommodation under the main housing duty and:[84]
the local authority has notified the landlord that the tenancy is no longer required for the main housing duty
the date on the notice is within 12 months of the date the local authority notified the landlord
Find out more about the main housing duty.
When the court can dispense with the requirement for a notice
The court can dispense with the requirement for notice if it considers it just and equitable to do so.
The court can, if it considers if just and equitable to do so, disapply the requirement for the date on the notice to be within 12 months of the local authority's notification to the landlord.[85]
Prior notice required for ground 5G
The landlord must have told the tenant in writing before the start of the tenancy that they might use ground 5G.[86] The landlord must do this as part of the statement of terms given to the tenant.[87]
Find out more about the statement of terms for assured tenancies.
The court can make an order using ground 5G if the landlord did not give prior notice, but the court can order a financial penalty against the landlord.[88]
Notice period for ground 5G
The notice period for ground 5G is four weeks.[89]
Ground 5H: Stepping stone accommodation
The court must award possession on ground 5H where the landlord seeking possession is a registered provider of social housing or a charity and the:[90]
tenancy was granted because the tenant met one or more eligibility conditions
tenancy agreement set out the conditions which applied
tenant either no longer meets those conditions, or the tenancy was granted to provide accommodation for a limited period which has come to an end
The rent for the accommodation must be no higher than 80% of market rent, including rent and service charges.
The tenancy must not have been granted as an allocation of social housing, supported accommodation or as homeless accommodation under section 193 Housing Act 1996.
Accommodation under this ground is known as 'stepping stone' accommodation.
Eligibility conditions
Eligibility conditions can require that the tenant is:
in paid work
activity seeking paid work
a particular age or within an age range
Work can include work of a particular description, with a particular employer, work which pays a certain amount, or work for a specific or expected duration. Work includes self-employment.
When the tenant no longer meets eligibility conditions
Whether the tenant still meets the eligibility conditions depends on the terms of the tenancy agreement.
Where the tenancy agreement does not specify when the tenant no longer meets the requirements, the tenant no longer meets the eligibility conditions where:
there were two or more conditions
the tenant no longer meets one or more of the conditions
Prior notice required for ground 5H
The landlord must have told the tenant in writing before the start of the tenancy that they might use ground 5H.[91] The landlord must do this as part of the statement of terms given to the tenant.[92]
Find out more about the statement of terms for assured tenancies.
The court can make an order using ground 5H if the landlord did not give prior notice, but the court can order a financial penalty against the landlord.[93]
Notice period for ground 5H
The minimum notice period for ground 5H is two months.[94]
Ground 6: Property required for redevelopment
The court must order possession on ground 6 if the landlord both:[95]
the landlord intends to demolish, reconstruct or carry out substantial works to the property, and
the work cannot reasonably be done while the tenant lives there
The landlord does not have to provide alternative housing for the tenant.
When the landlord cannot reasonably carry out the work
The landlord must prove they cannot reasonably carry out the work while the tenant lives there. They must show the court that:
the tenant does not agree to a variation in the terms of the tenancy to grant access, or
the tenant does not agree to accept an assured tenancy for a reduced part of the house, or
the nature of the work is such that variations to the tenancy are not practical
Restrictions on the use of ground 6
A section 8 notice on ground 6 cannot expire within the first six months of the tenancy, unless the landlord has been given a notice of compulsory acquisition.
Where the property is subject to compulsory purchase, the acquiring authority must have become the landlord fewer than 12 months before the notice expires. The court can disapply this requirement where it is just and equitable to do so.[96]
Find out more about compulsory purchase.
Where the tenant has an assured tenancy granted at the end of an agricultural tenancy, the landlord seeking possession must have either:
acquired their interest in the dwelling-house before the grant of the tenancy, or
acquired a pre-existing interest other than for money or money's worth
A pre-existing interest is an interest which was in existence at the time of the grant of the tenancy.
Notice period for ground 6
The minimum notice period for ground 6 is four months.[97]
Ground 6B: Compliance with enforcement action
The court must order possession on ground 6B where relevant enforcement action has been taken against the landlord and it would be unlawful for them to continue with the tenancy.[98]
The relevant enforcement action includes:
the landlord has been issued with a banning order
an improvement notice requires the landlord to remedy an overcrowding hazard
a prohibition order bans the use of the property or parts of it, making it unsuitable for occupation
the property requires a licence and the local authority has either refused or revoked the licence
the property is occupied by more people than allowed by the licence
the tenant must leave in order for the landlord to comply with a planning enforcement notice or an injunction
Notice period for ground 6B
The notice period for ground 6B is four months.[99]
Compensation where ground 6B is used
The court can order the landlord to pay compensation where the court makes an order for possession on ground 6B. The court must take into account the circumstances that led to the enforcement action, including any conduct by the tenant.[100]
Ground 7: Death of the tenant
Ground 7 can be used where an assured tenancy passes to a new tenant under will or intestacy after the former tenant died.[101]
It cannot be used where the tenancy passes under statutory succession or survivorship. Find out more about succession to an assured tenancy.
Different rules apply where the tenancy is a social housing tenancy. Find out more about social assured tenancy mandatory grounds.
Restrictions on the use of ground 7
Where the new tenant occupied the property as their only or principal home immediately before the death of the former tenant, the court can only make a possession order on ground 7 if either:
the former tenant succeeded to the tenancy by will or intestacy themselves
the tenancy was temporary accommodation under s.193 Housing Act 1996 immediately before the former tenant died
the tenancy was for supported housing let by a charity immediately before the former tenant died
Time limits for ground 7
The landlord must start possession proceedings within 12 months from the death of the former tenant or the date on which the landlord became aware of the former tenant’s death.
Possession proceedings means issuing a possession claim in the County Court. Service of notice is not enough for the landlord to show they started proceedings within 12 months.[102]
Notice period for ground 7
The minimum notice period for ground 7 is two months.[103]
Ground 7A: Antisocial behaviour
The court must order possession on ground 7A if one or more of the five antisocial behaviour conditions are met. A condition is not met if an appeal against the conviction, order, or finding is pending or successful.
Government guidance on antisocial behaviour powers includes information about this ground.
Condition 1: Conviction of a serious offence
The tenant, or anyone living in or visiting the property, has been convicted of a serious offence that was committed either:
in the locality of the property, or
elsewhere against a person who lives or has a right to occupy accommodation in the locality, or
elsewhere against the landlord or someone employed in connection with the landlord's housing management functions
A serious offence is defined in legislation.[104] It 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 months starts from when the appeal is determined or abandoned.[105]
Condition 2: Breach of an injunction
A court must have found that the tenant, or anyone living in or visiting the property, had breached an injunction to prevent nuisance or annoyance.
The condition is not met if the breach is only a failure to participate in a particular activity. For example, if the tenant failed to attend mediation classes with neighbours.
The breach must have occurred in the locality. The condition is met if the breach happened somewhere else only if the injunction was granted to prevent harassment, alarm or distress to:
a person who lives, or has a right to occupy accommodation, in the locality
the landlord or someone employed in connection with the landlord's housing management functions
The notice seeking possession must be served within 12 months of the day the court found the breach. If there is an appeal, the 12 months starts from when the appeal is determined, abandoned or withdrawn.[106]
Find out more about an injunction to prevent nuisance or annoyance (IPNA).
Condition 3: Breach of a criminal behaviour order
The tenant, or anyone living in or visiting the property, has been convicted of a breach of a criminal behaviour order that prohibits an activity in the locality.
The condition if met if the breach happened somewhere else only when the criminal behaviour order was intended to protect:
a person who lives, or has a right to occupy accommodation, in the locality
the landlord or someone employed in connection with the landlord's housing management functions
The notice seeking possession must be served within 12 months of the conviction. If there is an appeal, the 12 months starts from when the appeal is determined or abandoned.[107]
Find out more about a criminal behaviour order.
Condition 4: Closure order
A closure order has been made on the tenant's property and access to the property under the order or closure notice has been prohibited for more than 48 hours.
The notice seeking possession must be served within three months of the closure order. If there is an appeal, the three months starts from when the appeal is determined, abandoned or withdrawn.[108]
Find out more about a closure order.
Condition 5: Noise nuisance
The tenant, or anyone living in or visiting the property, has been convicted of an offence for breaching either:
a noise abatement notice, or
a court order in relation to noise nuisance
The notice seeking possession must be served within 12 months of the conviction. If there is an appeal, the 12 month period starts from when the appeal is determined or abandoned.[109]
Find out more about local authority duties to deal with noise.
Notice period for ground 7A
The landlord can apply for a possession order as soon as a notice on ground 7A is served on the tenant.[110] The court cannot make a possession order for 14 days from the date the landlord gave notice.[111]
If the landlord uses multiple grounds on the notice and includes ground 7A, the notice period for ground 7A applies to the whole notice.
Discretionary antisocial behaviour grounds
There are also discretionary antisocial behaviour grounds for possession. A landlord might choose to use these grounds as well as or instead of ground 7A.
Find out more about private assured tenancy discretionary grounds.
Ground 7B: Tenant does not have a right to rent
The court must order possession on ground 7B where the Home Office has notified the landlord that one or more, but not all, of the tenants or occupiers do not have a right to rent.[112]
Who has the right to rent?
Some people automatically have a right to rent, for example British and Irish citizens. For others it depends whether they have leave or permission to be in the UK. A person without permission from the Home Office to be in the UK has no right to rent.
Private landlords are prohibited from letting out accommodation to someone who is disqualified from renting because of their immigration status.
Find out more about the right to rent.
When no one has the right to rent
Ground 7B does not apply where the Home Office has served notice that all of the tenants or occupiers have no right to rent.
Where no one has a right to rent the assured tenancy is converted to a tenancy that is excluded from protection under the Protection from Eviction Act 1977. The landlord can serve a 28 days' notice on a prescribed form.[113]
Joint tenancies where another tenant has the right to rent
Ground 7B might be proven for a joint tenancy where at least one of the other tenants has a right to rent.
The court can order that the tenancy interest of the tenant without a right to rent is transferred to one of the other tenants with the right to rent. This is an alternative to awarding possession and ending the joint tenancy for everyone.[114]
Notice period for ground 7B
The minimum notice period for ground 7B is two weeks.[115]
Ground 8: Serious rent arrears
The court must order possession on ground 8 if the tenant owes at least:[116]
thirteen weeks' rent if they pay weekly or fortnightly
three months' rent if they pay monthly
If the tenant brings the arrears below the threshold before the hearing, the landlord will no longer be able to rely on ground 8.
The court must disregard any arrears that have accrued only because the tenant has not yet received universal credit payments they were entitled to.
Read more about ground 8 possession.
Notice period for ground 8
The minimum notice period for ground 8 is four weeks.[117]
The court does not have the power to waive the requirement for the notice to be served.[118]
Table: Assured tenancy grounds and notice periods from 1 May 2026
These grounds and notice periods apply to section 8 notices served on private assured tenants on or after 1 May 2026.
Different grounds apply to:
notices served on private tenancies before 1 May 2026
assured tenancies in social housing, including housing association tenancies
Find out more about:
mandatory grounds for private tenancies before 1 May 2026 and social tenancies
discretionary grounds for private tenancies before 1 May 2026 and social tenancies
| Mandatory ground | Notice period |
|---|---|
| 1: Occupation by landlord or family | Four months |
| 1A: Sale of the property | Four months |
| 2: Sale by mortgage lender | Four months |
| 2ZA: Possession when superior lease ends | Four months |
| 2ZB: Possession when fixed term superior lease ends | Four months |
| 2ZC: Possession by superior landlord | Four months |
| 2ZD: Possession by superior landlord (fixed term) | Four months |
| 4: Student accommodation | Two weeks |
| 4A: Properties rented to students for occupation by new students | Four months |
| 5: Ministers of religion | Two months |
| 5A: Occupation by agricultural worker | Two months |
| 5C: End of employment by landlord | Two months |
| 5E: Occupation as supported accommodation | Four weeks |
| 5F: Dwelling house occupied as supported accommodation | Four weeks |
| 5G: Tenancy granted for homelessness duty | Four weeks |
| 5H: Stepping stone accommodation | Two months |
| 6: Property required for development | Four months |
| 6B: Compliance with enforcement action | Four months |
| 7: Death of the tenant | Two months |
| 7A: Antisocial behaviour | No notice period |
| 7B: Tenant does not have a right to rent | Two weeks |
| 8: Serious rent arrears | Four weeks |
| Discretionary ground | Notice period |
|---|---|
| 9: Suitable alternative accommodation | Two months |
| 10: Rent arrears | Four weeks |
| 11: Persistent delay in paying rent | Four weeks |
| 12: Breach of tenancy | Two weeks |
| 13: Deterioration in the condition of the property | Two weeks |
| 14: Nuisance, annoyance, illegal or immoral use of the property | None, proceedings can start immediately |
| 14A: Domestic violence | Two weeks |
| 14ZA: Offence during a riot | Two weeks |
| 15: Deterioration of furniture | Two weeks |
| 17: Tenancy obtained by false statement | Two weeks |
| 18: Supported accommodation | Four weeks |
Last updated: 1 May 2026
