What Are the Mandatory Grounds for Possession Under the Renters’ Rights Act 2025? 

This post is aimed at landlords, letting agents and property managers – especially following the new Renter–’s’ Rights Act that came into force on 1st May 2026. 

There are 22 mandatory grounds for possession of a private assured tenancy under the Renters’ Rights Act 2025. 

When a landlord proves a mandatory ground applies and has followed the correct notice procedure, the court must grant a possession order – it has no discretion to refuse. 

Below, I’ll go further into detail on specific questions. 

What is a mandatory ground for possession? 

A mandatory ground is a statutory basis on which a landlord can seek possession of an assured tenancy where the court has no choice but to grant the order once the ground is proved. 

The landlord starts the process by serving a Section 8 notice on the tenant. 

The notice must specify the ground relied on, explain how it applies and state the earliest date on which court proceedings can begin. If the tenant does not leave once the notice expires, the landlord applies to the county court for a possession order. 

Once the court is satisfied that the conditions for the mandatory ground are met, it must make a possession order. 

How does a mandatory ground differ from a discretionary ground? 

On a mandatory ground, the court has no discretion – if the ground is proved, possession must be granted. 

On a discretionary ground, the court weighs up the circumstances and decides whether it is reasonable to order possession. The landlord proves the ground applies, but the court may still refuse the order or suspend it if it considers that outcome reasonable. 

Landlords sometimes use discretionary grounds alongside mandatory ones on the same notice. This gives flexibility at the hearing – if the mandatory ground can no longer be relied on, the discretionary ground remains available. 

What are all 22 mandatory grounds and their notice periods? 

The grounds below apply to Section 8 notices served on private assured tenants on or after 1st May 2026.  

Where multiple grounds are specified, the longest notice period generally applies. 

However, if Ground 7A (or Ground 14) is included, the landlord may begin proceedings immediately despite the inclusion of other grounds. 

Which mandatory grounds require prior notice in the tenancy agreement? 

Several mandatory grounds can only be relied on if the landlord gave the tenant written notice – before or at the start of the tenancy – that they might use that ground. This notice must form part of the statement of terms provided to the tenant. 

The grounds requiring prior notice include Grounds 1B, 2ZA – 2ZD, 4, 5 – 5H, 6A and 18. 

The prior notice requirement applies to any tenancy that started on or after 1st May 2026 and to any tenancy that existed before 1st May 2026 but was not made in writing. 

The court can still make a possession order on these grounds even if the landlord did not give prior notice, although the landlord may be unable to rely on the ground if it was not properly reserved. In other words, missing prior notice does not automatically defeat the claim in procedural terms. 

However, the local authority may impose a civil financial penalty of up to £7,000 for failure to comply with the statement-of-terms/ prior notice requirement under section 16D. 

What is Ground 1 and when can a landlord use it? 

Ground 1 allows a landlord to recover possession where they – or a close family member – require the property as their only or principal home. 

Close family members include the landlord’s partner (spouse, civil partner or cohabitee), as well as the parent, grandparent, sibling, child or grandchild of the landlord or their partner. Half relations are included. Where there are joint landlords, the ground can apply to any one of them. 

Ground 1 cannot be used during the first 12 months of the tenancy. 

The date specified in the notice as the earliest date for possession proceedings must fall more than 12 months after the start of the current tenancy. The minimum notice period is four months. 

What is the re-letting restriction after using Ground 1? 

After a landlord uses Ground 1, they enter a restricted period during which they must not re-let the property – other than to a qualifying family member – or market it for re-letting. 

The restricted period normally starts on the date the notice is served and ends 12 months from the date specified in the notice as the earliest date proceedings can begin. 

The restriction covers any new tenancy or licence to occupy, including holiday lets. 

What is Ground 1A and how does it differ from Ground 1? 

Ground 1A applies where a private landlord genuinely intends to sell their interest in the property, whether that is the freehold, leasehold or the granting of a lease exceeding 21 years. 

Like Ground 1, a notice under Ground 1A cannot expire during the first 12 months of the tenancy and requires a minimum of four months’ notice. 

It also carries a strict re-letting and marketing restriction – this restriction begins the day the notice is served and lasts until 12 months after the notice’s expiry date – meaning the landlord cannot re-let or market the property for a total period of roughly 16 months from the date of service. 

Ground 1A is only available to private landlords. Social landlords and private registered providers of social housing cannot use it. 

Ground 1A cannot be used if the tenant held a ‘full’ or non-shorthold assured tenancy (often called a lifetime tenancy) before 1st May 2026. 

However, this is a very narrow limitation. 

For the vast majority of private landlords whose pre-existing agreements were standard Assured Shorthold Tenancies (ASTs), those agreements automatically converted into the new periodic regime, meaning landlords can fully rely on Ground 1A if they genuinely intend to sell. 

The exception to the 12-month rule applies where the landlord has received a notice of compulsory acquisition and intends to sell their interest to the local authority. In that case, Ground 1A can be used before 12 months have elapsed. 

What is Ground 7A and what are the five antisocial behaviour conditions? 

Ground 7A is a mandatory antisocial behaviour ground. The court must order possession if one or more of the five conditions are met – provided no appeal against the relevant conviction, order or finding is pending or successful. 

Condition 1: Serious offence conviction

The tenant, or anyone living in or visiting the property, has been convicted of a serious offence (as specified in Schedule 2A to the Housing Act 1985). 

The offence must have been committed in the locality of the property, or elsewhere against a person who has a right to reside in or occupy housing accommodation in that locality, or elsewhere against the landlord or a person employed in connection with the landlord’s housing management functions (where the offence directly or indirectly affected those functions).  

The notice must be served within 12 months of the conviction or, if the conviction is appealed, within 12 months of the date the appeal is finally determined, abandoned or withdrawn.  

Condition 2: Breach of an injunction to prevent nuisance or annoyance 

This is met if the court has found that the tenant or a person living in or visiting the property breached such an injunction. The breach must have occurred in the locality, or elsewhere if the injunction was granted to protect a person in the locality or the landlord.  

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

Condition 3: Breach of a criminal behaviour order 

This is met if the tenant or a person living in or visiting the property has been convicted of breaching a criminal behaviour order that prohibits activity in the locality.  

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

Condition 4: Closure order 

This is met if a closure order has been made on the property and access has been prohibited for more than 48 hours. 

The notice must be served within three months of the closure order. 

Condition 5: Noise nuisance conviction 

The tenant or a person living in or visiting the property has been convicted of breaching a noise abatement notice or a court order relating to noise nuisance.  

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

Does the tenant’s co-operation affect a Ground 7A claim? 

Yes, but with a specific legal nuance. 

Section 4 of the Renters’ Rights Act 2025 amended Section 9A of the Housing Act 1988 to introduce a new factor that courts must consider when reviewing anti-social behaviour possession claims: whether the tenant co-operated with any attempt by the landlord to encourage the conduct to cease. 

Because Ground 7A is a mandatory ground, a judge cannot outright refuse a possession order based on this factor if the strict legal criteria for the ground are fully proven. However, this factor becomes highly critical in practice: 

• Adjournments and Postponements: Courts can use Section 9A to decide whether to delay or suspend the execution of an order. A landlord who made no attempt to engage the tenant may find the court far more willing to grant the tenant extra time. 

• Proportionality and Legal Challenges: Tenants frequently raise public law, human rights, or Equality Act defences against mandatory grounds. Under Section 9A, a judge will heavily scrutinise whether the landlord acted proportionately, making a lack of prior engagement a serious vulnerability for the landlord. 

Documenting all attempts to address the behaviour before serving notice is now more critical than ever, even when pursuing an absolute mandatory ground like Ground 7A. 

Are there additional rules for HMOs under Ground 7A? 

Yes, where the tenant occupies an HMO, the court must give particular regard to the effect of the antisocial behaviour on other occupiers who share accommodation or facilities with the tenant under the terms of their tenancy or licence. 

This means the impact on shared living arrangements carries specific weight in HMO possession claims – not just the impact on neighbours in the wider locality. 

What is Ground 8 and what happens if arrears fall below the threshold before the hearing? 

Ground 8 is the mandatory rent arrears ground.  

The court must order possession if the tenant owes at least three months’ rent (for monthly tenancies) or 13 weeks’ rent (for weekly or fortnightly tenancies) – both at the date of the notice and at the date of the hearing. 

The minimum notice period is four weeks. Unlike most other grounds, the court has no power to waive the requirement for a valid Section 8 notice on Ground 8 – it cannot dispense with notice even if it considers this just and equitable. 

If the tenant reduces the arrears below the threshold before the hearing date, the landlord can no longer rely on Ground 8.  

In this situation, the landlord can only proceed on any discretionary grounds also usually included in the notice – typically Grounds 10 and 11, which cover rent arrears and persistent delay in paying rent respectively. This is why most practitioners include all three grounds on the same notice. 

The court must disregard any arrears that have accrued only because the tenant has not yet received Universal Credit payments they were entitled to. Those arrears do not count toward the threshold. 

What is Ground 6B and can the court order compensation? 

Ground 6B applies where relevant enforcement action has been taken against the landlord that makes it unlawful to continue the tenancy. The minimum notice period is four months. 

The types of enforcement action that trigger Ground 6B include: 

• A banning order issued against the landlord 

• An improvement notice requiring the landlord to remedy an overcrowding hazard 

• A prohibition order banning use of all or part of the property 

• Refusal or revocation of a required property licence 

• Occupation by more people than the licence permits 

• A requirement to leave in order to comply with a planning enforcement notice or injunction 

The court may order the landlord to pay compensation to the tenant where a possession order is made on Ground 6B.  

This power comes from Section 11A of the Housing Act 1988 (as inserted by the Renters’ Rights Act). In deciding whether to award compensation and how much, the court must take into account the circumstances that led to the enforcement action – including any conduct by the tenant that caused or contributed to Ground 6B becoming available. 

The compensation power is discretionary — the court may order it, but is not required to. 

What defences can a tenant raise against a mandatory ground? 

Even on a mandatory ground, a tenant may have a defence. The court will not make a possession order where the tenant can show one of the following: 

• The ground has not been proved: the landlord bears the burden of proving every element of the ground – if any element is not established, the court cannot make the order. 

• The landlord has not complied with tenancy deposit protection rules: where the deposit has not been protected in a government-approved scheme, or the required prescribed information has not been provided to the tenant, the court may be prevented from making a possession order on certain grounds. 

• The tenant has a defence under the Equality Act: where the possession claim is connected to a disability-related need or another protected characteristic, the tenant may raise an Equality Act defence and the court must consider it. 

• The tenant has a counterclaim: on rent arrears claims, a tenant may raise a counterclaim – for example, for disrepair – which, if successful, could reduce the arrears figure below the Ground 8 threshold. 

What possession order will the court make? 

Where the court is satisfied that a mandatory ground is proved, it must make an outright possession order. The standard date for possession is 14 days after the date the order is made (the hearing date). 

In cases of exceptional hardship, the court can postpone the possession date by up to a maximum of 42 days from the date the order is made. It has no power to postpone it beyond that 42-day limit. 

Under Section 7(5D) of the Housing Act 1988, where the only grounds successfully established at the hearing are Ground 7A and/ or Ground 14 (the antisocial behaviour grounds), the court cannot make a possession order that takes effect within 14 days of the date the Section 8 notice was originally served.  

If the landlord relies on other grounds but fails to prove them, this restriction still applies; however, if the landlord successfully proves any additional grounds alongside Ground 7A or 14, this specific 14-day restriction from service does not apply. 

How Strikes Property Services can help 

Tenants are aware of the possession process – and of the timelines involved. Delays caused by incorrect paperwork or missed compliance checks give tenants more time in the property and leave landlords exposed. 

I founded Strikes Property Services in 2012 after a career as a certificated enforcement agent. I understand possession claims inside out. My team handles both Section 8 notice serving and possession orders under the Renters’ Rights Act 2025 rules. 

Key deliverables when working with Strikes: 

• Section 8 notice preparation and serving – correctly cited, correctly timed 

• Possession claim filing and court pack preparation 

• Solicitor advocate briefing and management for possession hearings 

• Warrant of possession applications – cCounty cCourt and High Court routes 

• End-to-end support from notice to vacant possession 

If you need help with the Section 8 possession process, contact Strikes Property Services today.