Written by Daniel Andrews, Partner & Solicitor, Cramp & Mullaney LLP
Last reviewed: April 2026
With Section 21 abolished from 1 May 2026, Section 8 of the Housing Act 1988 becomes the only available route for landlords who need to recover their property. The Renters’ Rights Act 2025 has significantly reformed the Section 8 grounds, introducing new grounds, changing notice periods, and raising the threshold for some of the most commonly used grounds. This article sets out the key grounds and what both landlords and tenants need to know about them.
Form 3A: The New Prescribed Notice
From 1 May 2026, all Section 8 notices must be served on the new prescribed Form 3A. The Government published draft versions for review in March 2026, with the final form published on 1 May 2026. Using the old Section 8 notice form after that date will render the notice invalid and require the process to start again. Both landlords and their legal advisers should ensure they are using the correct form from the outset.
Mandatory Grounds: The Court Must Grant Possession
Under mandatory grounds, if the ground is proved to the court’s satisfaction, possession must be granted. There is no judicial discretion.
Ground 1A is a new mandatory ground introduced by the Act, which allows a landlord to recover possession where they genuinely intend to sell the property with vacant possession. Four months’ notice is required. The ground cannot be used in the first 12 months of the tenancy. There are restrictions on re-letting the property within 12 months of recovering possession on this ground, and a landlord who misuses the ground fraudulently faces the risk of a Rent Repayment Order of up to 24 months’ rent.
Ground 1 is the equivalent ground for occupation, allowing recovery of possession where the landlord or a close family member genuinely intends to use the property as their principal home. The same notice period, the same first-12-months restriction, and the same re-letting restrictions apply.
Ground 8 covers serious rent arrears. The Act has raised the arrears threshold from two months to three months. The arrears must exist at both the date the notice is served and the date of the court hearing. If the tenant reduces their arrears below three months before the hearing, the mandatory ground falls away and the court has discretion. Four weeks’ notice is required, up from two weeks under the old rules.
Discretionary Grounds: The Court Has a Choice
Under discretionary grounds, even where the ground is established, the court can refuse possession if it considers it unreasonable to grant it in the circumstances.
Ground 10 covers rent arrears below the three-month mandatory threshold. Ground 11 applies where there has been persistent late payment, even if no arrears exist at the time of the hearing. Both require two weeks’ notice. Ground 14 covers anti-social behaviour and nuisance to neighbours. Ground 12 applies to other breaches of the tenancy agreement. Ground 17 applies where the tenancy was obtained by a false statement.
Compliance Requirements That Can Derail a Claim
A Section 8 claim can be blocked or stayed where the landlord is in breach of their own legal obligations. The most significant of these is the failure to protect the deposit and serve the prescribed information. If the deposit is not correctly protected in an authorised scheme, the landlord cannot proceed with a possession claim until that failure has been remedied. From late 2026, failure to register on the PRS Landlord Database will also block the use of most Section 8 grounds.
If you are a landlord in East Sussex who needs to recover a property and wants advice on which ground to rely on and how to comply with the procedural requirements, please contact our housing team. We also act for tenants who have received a Section 8 notice and need advice on whether to challenge it.
If you are a landlord or tenant in East Sussex and would like advice on how the Renters' Rights Act affects your situation, we would be happy to help. Cramp & Mullaney LLP has offices in Eastbourne at The White House, 97 South Street, Eastbourne, East Sussex, BN21 4LR and in Battle at 42A High Street, Battle, East Sussex, TN33 0EA. You can call our Eastbourne office on 01323 720581 or our Battle office on 01424 533222. We offer a fixed fee 30-minute initial consultation and act for both landlords and tenants across East Sussex and the wider South East.
This article is for general information only and does not constitute legal advice. If you need advice about your specific situation, please contact Cramp & Mullaney LLP on 01323 720581 (Eastbourne) or 01424 533222 (Battle), or email us at info@cmlaw.co.uk. We are authorised and regulated by the Solicitors Regulation Authority (SRA No. 598851).
