Recovering possession under section 8

1. Introduction
2. Mandatory vs discretionary grounds
- 2.1. Mandatory grounds for possession
- 2.2. Discretionary grounds for possession
3. Debt respite scheme
- 3.1. Standard breathing space
- 3.2. Mental health crisis breathing space
- 3.3. Getting the breathing space period cancelled
- 3.4. More information

Introduction

The Housing Act 1988 sets out the grounds for possession in Schedule 2. If possession is claimed under any of these grounds, the tenant must first be given a notice of the ground in compliance with section 8 of the Act (a section 8 notice).

The grounds are divided into mandatory and discretionary grounds.

However, some of them cannot be used until:

The tenant's 12-month landlord protection period ends. Tenants have a 12-month protected period at the beginning of a tenancy, during which they cannot be evicted unless they have breached their obligations in the tenancy agreement (e.g. rent arrears).
The landlord has put the deposit into a government-approved tenancy deposit scheme, complied with the scheme's requirements and given the tenant the prescribed information.
The landlord has returned the deposit to the tenant, in full or with any agreed deductions.
Any court claim for financial compensation on whether the deposit protection requirements have been met, has been resolved.

Eventually, a landlord will also need to be registered (this is yet to be introduced).

This won't apply where the grounds for possession relate to serious crime or anti-social behaviour (see grounds 7A and 14 in the table below).

Mandatory vs discretionary grounds

Grounds for possession consist of:

Mandatory grounds, meaning that the court must grant a possession order requiring the tenant to leave the property (usually within 14 days from the date of the possession order).
Discretionary grounds, meaning that the court may grant a possession order if it's reasonable to do so (depending on the facts).

For some of the mandatory grounds, you must have notified the tenant in writing before the tenancy started (usually in the tenancy agreement) that you might seek possession on those grounds.

If you use any of the discretionary grounds, the court may allow the tenant to stay in the property as long as they meet certain conditions (e.g. paying the rent by instalments if possession is sought on the grounds of rent arrears). You can then only go back to court to get a possession order to evict the tenant if they breach the conditions.

Mandatory grounds for possession

Ground	When you can use this ground
1: The landlord requires possession in order that they (or another close family member) may live in the property – requires 4 months' notice	The following people qualify as a 'close family member' if they occupy the property as their only or main home: Your spouse or civil partner The person you live with as if you were married or in a civil partnership Your parent, grandparent, sibling, half-sibling, child, grandchild The child or grandchild of your spouse or partner You don't need to have previously lived in the property and there's no requirement to have given prior notice that the ground may be used. The date for possession given in the section 8 notice must be at least a year after the date the tenancy started, i.e. with the 4-month notice period, the earliest you can give the notice is 8 months after the start of the tenancy. Note: You won't be able to re-let the property until 12 months after the expiry of the notice (unless doing so to one of the types of family member mentioned above).
1A: The landlord wants to sell the freehold or leasehold of the property (including where they receive a notice of compulsory acquisition) – requires 4 months' notice	The date for possession given in the section 8 notice must be at least a year after the date the tenancy started, i.e. with the 4-month notice period, the earliest you can give the notice is 8 months after the start of the tenancy. If you don't sell the property, you won't be able to re-let it until 12 months after the expiry of the notice.
2: The property is subject to a mortgage granted before the start of the tenancy and the lender is seeking possession of it – requires 4 months' notice	The lender requires, and is entitled to, possession of the property.
2ZB: The property is subject to a lease for a fixed term of over 21 years which is not going to be extended – requires 4 months' notice	The lease has ended, or will end within 12 months.
2ZD: The landlord has a superior lease and the superior landlord (or freeholder) wants possession – requires 4 months' notice	The lease must be for a fixed-term of over 21 years that has expired and the freeholder now wants possession. The freeholder will have up to 6 months from the date the lease reverted to them to apply to court using this ground.
5C: End of employment by the landlord – requires 2 months' notice	This applies where the property is let as part of an employment arrangement. You need to have given the tenant written notice (on or before the start of the tenancy) that possession might be recovered on this ground, but possession can still be ordered if it wasn't given.
6: The landlord intends to demolish or reconstruct the whole, or a substantial part of, the property or to carry out substantial works on it or any part of it – requires 4 months' notice	The 'general development conditions' need to be met, i.e. that the demolition or reconstruction works cannot reasonably be carried out without the tenant giving up possession. The date for possession given in the section 8 notice must be at least 6 months after the date the tenancy started (or 12 months if a notice of compulsory acquisition was given and the property transferred to the acquiring authority). You must pay the tenant reasonable removal expenses if possession is granted on this ground.
6B: Regaining possession to comply with enforcement action – requires 4 months' notice	Note enforcement action includes (for example): Receiving a banning order under section 16 of the Housing and Planning Act 2016 Receiving an improvement notice under section 11 or 12 of the Housing Act 2004 specifying overcrowding as the issue causing a hazard that requires remedial action Receiving a prohibition order under section 20 or 21 of the Housing Act 2004 Not having an HMO licence under section 61 of the Housing Act 2004 or a selective license under section 85 of the Housing Act 2004 The property is, or is in, a licenced HMO, but is occupied by more than the maximum number of households or persons stated in the licence Compliance with a planning enforcement notice or an injunction is, or would be, incompatible with the continued occupation by the tenant.
7: The previous tenant has died and the new tenant isn't entitled to 'inherit' the tenancy from them – requires 2 months' notice	This applies if the tenancy is an assured periodic tenancy that has passed under a will or intestacy of the former tenant. Possession proceedings must begin no later than 12 months after the date of death or, if the court directs, after the date you became aware of the death.
7A: Severe antisocial behaviour – no notice or 1 month's notice	A court must grant an order for possession if the tenant, or someone living in or visiting the property, has: been convicted of a serious criminal offence; breached an injunction under section 1 of the Anti-social Behaviour, Crime and Policing Act 2014, or been convicted of breaching it; or been convicted of an offence involving breaching an abatement notice or a court order to stop committing a statutory nuisance under section 80(4) or 82(8) Environmental Protection Act. Their conduct must have taken place: in or near the property; against or affecting someone with a right to live in or near the property; or against you or someone employed to manage the property. The notice must be served within 12 months of the conviction. Alternatively, the court must grant an order for possession if the property has been subject to a closure order, or access to it has been banned because of a closure order or notice under the Anti-social Behaviour, Crime and Policing Act 2014. The notice must be served within 3 months of the day of the closure order. You can start a court possession claim immediately (rather than after 1 month's notice) but the court can't make a possession order until at least 14 days after service of the section 8 notice. If the court dispenses with the requirement for a section 8 notice, the 14 days begins either from the date of service of the purported notice or the date the claim began.
7B: No right to rent – requires 2 weeks' notice	This ground can be used when at least one of the tenants has no right to rent under immigration law. It can be used where the landlord becomes aware of the situation or they receive a government notice. If ground 7B applies to all the tenants, you can instead use the form Notice of Eviction and End of Tenancy under s 33D(3) of the Immigration Act 2014 to give them at least 28 days' notice to leave the property. The notice is treated as a notice to quit and ends the tenancy without needing a court order. However, you must apply to the court for an order for a warrant of possession if the tenants don't leave so that the court bailiff can carry out the eviction. You will have to rely on Ground 7B if only some of the tenants don't have a right to rent.
8: Rent arrears – requires 4 weeks' notice	Rent means rent that's lawfully due from the tenant. If the tenant is entitled to benefits, any amount that is unpaid because the tenant has not yet received it must be ignored. At the date of the service of a section 8 notice and at the date of the hearing: At least 13 weeks' rent must be unpaid (if rent is payable weekly or fortnightly) At least 3 months' rent must be unpaid (if rent is payable monthly)

Ground

When you can use this ground

1: The landlord requires possession in order that they (or another close family member) may live in the property – requires 4 months' notice

The following people qualify as a 'close family member' if they occupy the property as their only or main home:

Your spouse or civil partner
The person you live with as if you were married or in a civil partnership
Your parent, grandparent, sibling, half-sibling, child, grandchild
The child or grandchild of your spouse or partner

You don't need to have previously lived in the property and there's no requirement to have given prior notice that the ground may be used.

The date for possession given in the section 8 notice must be at least a year after the date the tenancy started, i.e. with the 4-month notice period, the earliest you can give the notice is 8 months after the start of the tenancy.

Note: You won't be able to re-let the property until 12 months after the expiry of the notice (unless doing so to one of the types of family member mentioned above).

1A: The landlord wants to sell the freehold or leasehold of the property (including where they receive a notice of compulsory acquisition) – requires 4 months' notice

If you don't sell the property, you won't be able to re-let it until 12 months after the expiry of the notice.

2: The property is subject to a mortgage granted before the start of the tenancy and the lender is seeking possession of it – requires 4 months' notice

The lender requires, and is entitled to, possession of the property.

2ZB: The property is subject to a lease for a fixed term of over 21 years which is not going to be extended – requires 4 months' notice

The lease has ended, or will end within 12 months.

2ZD: The landlord has a superior lease and the superior landlord (or freeholder) wants possession – requires 4 months' notice

The lease must be for a fixed-term of over 21 years that has expired and the freeholder now wants possession.

The freeholder will have up to 6 months from the date the lease reverted to them to apply to court using this ground.

5C: End of employment by the landlord – requires 2 months' notice

This applies where the property is let as part of an employment arrangement. You need to have given the tenant written notice (on or before the start of the tenancy) that possession might be recovered on this ground, but possession can still be ordered if it wasn't given.

6: The landlord intends to demolish or reconstruct the whole, or a substantial part of, the property or to carry out substantial works on it or any part of it – requires 4 months' notice

The 'general development conditions' need to be met, i.e. that the demolition or reconstruction works cannot reasonably be carried out without the tenant giving up possession.

The date for possession given in the section 8 notice must be at least 6 months after the date the tenancy started (or 12 months if a notice of compulsory acquisition was given and the property transferred to the acquiring authority).

You must pay the tenant reasonable removal expenses if possession is granted on this ground.

6B: Regaining possession to comply with enforcement action – requires 4 months' notice

Note enforcement action includes (for example):

Receiving a banning order under section 16 of the Housing and Planning Act 2016
Receiving an improvement notice under section 11 or 12 of the Housing Act 2004 specifying overcrowding as the issue causing a hazard that requires remedial action
Receiving a prohibition order under section 20 or 21 of the Housing Act 2004
Not having an HMO licence under section 61 of the Housing Act 2004 or a selective license under section 85 of the Housing Act 2004
The property is, or is in, a licenced HMO, but is occupied by more than the maximum number of households or persons stated in the licence
Compliance with a planning enforcement notice or an injunction is, or would be, incompatible with the continued occupation by the tenant.

7: The previous tenant has died and the new tenant isn't entitled to 'inherit' the tenancy from them – requires 2 months' notice

This applies if the tenancy is an assured periodic tenancy that has passed under a will or intestacy of the former tenant.

Possession proceedings must begin no later than 12 months after the date of death or, if the court directs, after the date you became aware of the death.

7A: Severe antisocial behaviour – no notice or 1 month's notice

A court must grant an order for possession if the tenant, or someone living in or visiting the property, has:

been convicted of a serious criminal offence;
breached an injunction under section 1 of the Anti-social Behaviour, Crime and Policing Act 2014, or been convicted of breaching it; or
been convicted of an offence involving breaching an abatement notice or a court order to stop committing a statutory nuisance under section 80(4) or 82(8) Environmental Protection Act.

Their conduct must have taken place:

in or near the property;
against or affecting someone with a right to live in or near the property; or
against you or someone employed to manage the property.

The notice must be served within 12 months of the conviction.

Alternatively, the court must grant an order for possession if the property has been subject to a closure order, or access to it has been banned because of a closure order or notice under the Anti-social Behaviour, Crime and Policing Act 2014. The notice must be served within 3 months of the day of the closure order.

You can start a court possession claim immediately (rather than after 1 month's notice) but the court can't make a possession order until at least 14 days after service of the section 8 notice. If the court dispenses with the requirement for a section 8 notice, the 14 days begins either from the date of service of the purported notice or the date the claim began.

7B: No right to rent – requires 2 weeks' notice

This ground can be used when at least one of the tenants has no right to rent under immigration law. It can be used where the landlord becomes aware of the situation or they receive a government notice.

If ground 7B applies to all the tenants, you can instead use the form Notice of Eviction and End of Tenancy under s 33D(3) of the Immigration Act 2014 to give them at least 28 days' notice to leave the property. The notice is treated as a notice to quit and ends the tenancy without needing a court order. However, you must apply to the court for an order for a warrant of possession if the tenants don't leave so that the court bailiff can carry out the eviction.

You will have to rely on Ground 7B if only some of the tenants don't have a right to rent.

8: Rent arrears – requires 4 weeks' notice

Rent means rent that's lawfully due from the tenant. If the tenant is entitled to benefits, any amount that is unpaid because the tenant has not yet received it must be ignored. At the date of the service of a section 8 notice and at the date of the hearing:

At least 13 weeks' rent must be unpaid (if rent is payable weekly or fortnightly)
At least 3 months' rent must be unpaid (if rent is payable monthly)

Discretionary grounds for possession

Ground	When you can use this ground
9: Suitable alternative accommodation – requires 2 months' notice	Suitable alternative accommodation is available for the tenant or will be available for them when the order for possession takes effect. This ground may be used where you need to empty a property for renovations or redevelopment. The court must decide if alternative accommodation you provide is suitable for the tenant and their family.
10: Any rent arrears – requires 4 weeks' notice	Rent was unpaid by the tenant when the section 8 notice was served and has not been fully repaid by the time the possession claim begins.
11: Persistent rent arrears – requires 4 weeks' notice	The tenant has persistently delayed paying the rent. There does not need to be any rent arrears to rely on this ground.
12: Breach of the tenancy agreement – requires 2 weeks' notice	Any obligation in the tenancy agreement (except non-payment of rent) has been broken or not performed.
13: Deterioration of property – requires 2 weeks' notice	The tenant, or anyone living with them, has allowed the property or parts of it (including common parts) to deteriorate. If the deterioration has been caused by a third party living in the property and the tenant has not taken reasonable steps to have the other person removed, a possession order may be made.
14: Anti-social behaviour – no notice or 1 month's notice	A landlord can start a court possession claim immediately (rather than after 1 month's notice) but the court can't make a possession order until at least 14 days after service of the section 8 notice. If the court dispenses with requirement for a section 8 notice, the 14 days begins either from the date of service of the purported notice or the date the claim began. Note: the tenant or anyone living in or visiting the property must have been: guilty of behaviour causing, or likely to cause, a nuisance or annoyance to the landlord or anyone living in, visiting or in the locality of the property; or convicted of using the property, or allowing it to be used, for illegal or immoral purposes; or convicted of an arrestable offence committed in, or in the locality of, the property.
14ZA: Rioting – requires 2 weeks' notice	The tenant or an adult living in the property has been convicted of an arrestable offence which took place at a riot in the UK.
15: Deterioration of furniture – requires 2 weeks' notice	The condition of any furniture provided for use under the tenancy has deteriorated because of ill-treatment by the tenant or by a third party living in the property with the them, and the tenant hasn't taken reasonable steps for the removal of any third party causing the damage.
17: False statement – requires 2 weeks' notice	The landlord was induced to grant the tenancy by a false statement made knowingly or recklessly by the tenant or a person acting for them.

Ground

When you can use this ground

9: Suitable alternative accommodation – requires 2 months' notice

Suitable alternative accommodation is available for the tenant or will be available for them when the order for possession takes effect.

This ground may be used where you need to empty a property for renovations or redevelopment.

The court must decide if alternative accommodation you provide is suitable for the tenant and their family.

10: Any rent arrears – requires 4 weeks' notice

Rent was unpaid by the tenant when the section 8 notice was served and has not been fully repaid by the time the possession claim begins.

11: Persistent rent arrears – requires 4 weeks' notice

The tenant has persistently delayed paying the rent. There does not need to be any rent arrears to rely on this ground.

12: Breach of the tenancy agreement – requires 2 weeks' notice

Any obligation in the tenancy agreement (except non-payment of rent) has been broken or not performed.

13: Deterioration of property – requires 2 weeks' notice

The tenant, or anyone living with them, has allowed the property or parts of it (including common parts) to deteriorate. If the deterioration has been caused by a third party living in the property and the tenant has not taken reasonable steps to have the other person removed, a possession order may be made.

14: Anti-social behaviour – no notice or 1 month's notice

A landlord can start a court possession claim immediately (rather than after 1 month's notice) but the court can't make a possession order until at least 14 days after service of the section 8 notice. If the court dispenses with requirement for a section 8 notice, the 14 days begins either from the date of service of the purported notice or the date the claim began.

Note: the tenant or anyone living in or visiting the property must have been:

guilty of behaviour causing, or likely to cause, a nuisance or annoyance to the landlord or anyone living in, visiting or in the locality of the property; or
convicted of using the property, or allowing it to be used, for illegal or immoral purposes; or
convicted of an arrestable offence committed in, or in the locality of, the property.

14ZA: Rioting – requires 2 weeks' notice

The tenant or an adult living in the property has been convicted of an arrestable offence which took place at a riot in the UK.

15: Deterioration of furniture – requires 2 weeks' notice

The condition of any furniture provided for use under the tenancy has deteriorated because of ill-treatment by the tenant or by a third party living in the property with the them, and the tenant hasn't taken reasonable steps for the removal of any third party causing the damage.

17: False statement – requires 2 weeks' notice

The landlord was induced to grant the tenancy by a false statement made knowingly or recklessly by the tenant or a person acting for them.

Debt respite scheme

This scheme enables people in debt to apply for a period of formal 'breathing space'. If you're informed that your tenant has been granted breathing space, this will affect the possession procedure. In particular, during the breathing space period:

You can't send the tenant a section 8 notice
You can't apply for a possession order
The court is unlikely to enforce any possession order it's granted.

There are 2 types of breathing space:

Standard breathing space

This lasts for 60 days, although can be cancelled before then. To get it, the tenant must speak to a professional debt advisor.

Mental health crisis breathing space

To be eligible for this, the tenant must be receiving mental health crisis treatment as defined in the debt respite scheme. It lasts for however long their mental health crisis treatment lasts, plus 30 days after that treatment ends. It can be cancelled before then.

The tenant doesn't have to get debt advice from a debt advice provider, but an approved mental health professional must certify that the tenant is receiving mental health crisis treatment.

Getting the breathing space period cancelled

If you feel that the breathing space unfairly prejudices your interests or that there has been some reason why it shouldn't have been granted, you can request that the debt advisor reviews it. If they don't then cancel it and you feel this decision is wrong, you can apply to the county court.

More information

See the guidance on the debt respite scheme on GOV.UK.

Recovering possession under section 8

Contents

Introduction

Mandatory vs discretionary grounds

Mandatory grounds for possession

Discretionary grounds for possession

Debt respite scheme

Standard breathing space

Mental health crisis breathing space

Getting the breathing space period cancelled

More information

Navigate related articles:

Our use of cookies

Necessary cookies

Functionality cookies