What grounds can my landlord use to evict me on Section 8?

A Section 8 notice must specify the grounds in Schedule 2 of the Housing Act 1988 that the landlord is relying upon. There are two categories: mandatory and discretionary.

Mandatory grounds — the court must grant possession if the ground is proven — include: Ground 1 (landlord previously lived in the property and gave prior notice); Ground 2 (mortgage lender seeking possession); Ground 7A (conviction for certain offences or serious antisocial behaviour); Ground 7B (tenant has no right to rent under immigration rules); Ground 8 (at least two months' rent arrears both when notice served and at the hearing).

Discretionary grounds — the court must also be satisfied it is reasonable to evict — include: Ground 9 (suitable alternative accommodation available); Ground 10 (some rent arrears); Ground 11 (persistent late payment of rent); Ground 12 (breach of a tenancy obligation); Ground 13 (damage to the property or common parts); Ground 14 (nuisance or annoyance to neighbours); Ground 15 (damage to furniture); Ground 16 (tenant was an employee of the landlord and employment has ended); Ground 17 (false statement to obtain tenancy).

The notice must specify which grounds are relied upon and cannot add new grounds later. For discretionary grounds, you should present evidence at the hearing addressing why it is not reasonable to grant possession — for example, that arrears were caused by a Universal Credit delay.

Notice periods vary by ground: most are 14 days, some are 2 months. Check the prescribed Form 3 to ensure validity.