Guide to Recovering Possession of Residential Property

i. Ground 1 – The landlord previously occupied the property as their only or principal home and/or requires the property as their only or principal home and gave notice (unless deemed just and equitable by the Court to dispense with such notice) in writing not later than the beginning of the tenancy that possession might be recovered on this basis.

ii. Ground 2 – A mortgagee requires possession of the property for the purposes of disposing of it with vacant possession in their exercise of a power of sale.

iii. Ground 6 – The landlord intends to demolish, reconstruct or carry out substantial works on the property (or part thereof) and the intended work cannot reasonably be carried out without the tenant giving up possession of the property.

iv. Ground 7 – The tenancy has devolved under the will or intestacy of the former tenant and the proceedings for the recovery of possession are begun not later than twelve months after the death of the former tenant or the date on which the landlord became aware of the former tenant’s death.

v. Ground 7A – Serious anti-social behaviour where there has been a conviction or breach of a previous order.

vi. Ground 7B – The Secretary of State has given notice to the landlord in writing that the tenant/s or some other person aged over 18 who is in occupation of the property is disqualified as a result of their immigration status from occupying the property under the tenancy.

vii. Ground 8 – Both at the date of service of the Section 8 Notice and the hearing there are rent arrears as follows:

• If rent is payable weekly or fortnightly – at least eight weeks’ rent is unpaid;
• If rent is payable monthly – at least two months’ rent is unpaid;
• If rent is payable quarterly – at least one quarter’s rent is more than three months in arrears;
• If rent is payable yearly – at least three months’ rent is more than three months in arrears;

viii. Ground 9 – Suitable alternative accommodation is available for the tenant or will be available for them when the order for possession takes effect.

ix. Ground 10 – Some rent lawfully due from the tenant is unpaid on the date on which the proceedings for possession are begun and was in arrears at the date of service of the Section 8 Notice.

x. Ground 11 – The tenant has persistently delayed paying rent which has become lawfully due whether or not any rent is in arrears on the date on which proceedings for possession are begun.

xi. Ground 12 – Any obligation of the tenancy (other than one related to the payment of rent) has been broken or not performed by the tenant (or residing at or visiting the property).

xii. Ground 13 – The condition of the property or any of the common parts has deteriorated owing to acts of waste by, or the neglect or default of the tenant or any other person residing in the property.

xiii. Ground 14 – The tenant or a person residing in or visiting the dwelling-house has been guilty of conduct causing or likely to cause a nuisance or annoyance to a person residing, visiting or otherwise engaging in a lawful activity in the locality or to the landlord of the dwelling-house, or a person employed in connection with the exercise of the landlord’s housing management functions.

xiv. Ground 15 – The condition of any furniture provided for use under the tenancy has deteriorated owing to ill-treatment by the tenant or any other person residing in the property

A section 8 notice must identify the specific ground/s being relied upon for the purposes of seeking possession of the property (it is not sufficient to simply state the ground number) and will remain valid for 12 months after it is served. If a landlord fails to commence proceedings before the expiry of a notice they will need to serve a fresh notice and wait for the relevant notice period to lapse before commencing proceedings.

The ordinary notice period in respect of a Section 8 Notice is between 2 weeks to 2 months depending on the ground/s being relied upon. In particular, where grounds 8, 10 or 11 are claimed in relation to rental arrears the notice period is 2 weeks. Technical guidance in relation to the applicable notice periods in respect of the grounds under Schedule 2 to the Housing Act 1988 can be found here.

Where multiple grounds are being relied upon (excluding grounds 7A or 14) the notice period required will be the longest of the relevant notice periods.