Since Section 21 went, "can I get my property back?" has a longer answer: it depends which ground fits, what you can prove, and how much notice it carries. This is the working guide to each ground a private landlord is realistically going to use — what it's for, what it demands, and where it goes wrong. For the dates on any specific case, use the Tenancy Notice Date Calculator.
Mandatory grounds: prove it and the court must order possession. Discretionary grounds: prove it and the court then asks whether possession is also reasonable. That distinction drives everything below.
The grounds you'll actually use
Ground 1 — you or close family moving in (mandatory · 4 months' notice)
For when you, a spouse/partner, parent, grandparent, sibling, child or grandchild genuinely needs to live in the property. Unavailable during the tenancy's first 12 months. The operative word is genuinely: using it without real intent is an offence, and re-letting shortly after taking possession is precisely what enforcement will look for.
Wins on: evidence of the move — sale of the family member's current home, a job relocation, correspondence predating the notice. Loses on: nothing but your say-so, followed by a relisting.
Ground 1A — selling (mandatory · 4 months' notice)
For a genuine sale of the property. Same 12-month protected period, same genuine-intent rule. Marketing evidence (agent instruction, valuation, listing) should exist before or immediately after the notice, not be reverse-engineered later.
Ground 6 — demolition or substantial redevelopment (mandatory · 4 months' notice)
For works so substantial the tenant cannot remain. You must have acquired your interest before the tenancy began, and the tenancy must be at least 6 months old. Plans, permissions, and contractor engagement are the evidence spine.
Ground 8 — serious rent arrears (mandatory · 4 weeks' notice)
The threshold is now 3 months' arrears (13 weeks for weekly/fortnightly rent) — and it must exist both when you serve notice and at the hearing. A tenant who pays down below the line before the hearing defeats the mandatory ground, which is why arrears cases are pleaded with Grounds 8, 10 and 11 together.
Wins on: an exact, dated rent ledger. Loses on: "roughly three months behind, I think."
Grounds 10 & 11 — arrears, discretionary (4 weeks' notice)
Ground 10: some arrears exist. Ground 11: persistent late payment, even if nothing is outstanding today. Neither guarantees possession — but they survive a pre-hearing pay-down, and Ground 11 in particular tells the story of a tenancy that doesn't work. The evidence is the same ledger, plus your chasing correspondence.
Ground 12 — breach of tenancy terms (discretionary · 2 weeks' notice)
Subletting, unauthorised occupiers, business use — any material breach of the agreement. The court weighs seriousness and reasonableness, so document the breach, your written warnings, and the tenant's response.
Ground 13 — deterioration of the property (discretionary · 2 weeks' notice)
Damage or neglect beyond fair wear and tear. Inventory + inspection records are the whole case: without a documented starting condition, "the tenant wrecked it" is just an assertion.
Grounds 7A & 14 — anti-social behaviour (no notice period)
7A (mandatory) covers severe cases anchored to convictions, injunction breaches, or closure orders. 14 (discretionary) covers nuisance and annoyance more broadly. Proceedings can begin the moment notice is served, though no order takes effect sooner than 14 days after service. Log incidents with dates, keep complaints from neighbours in writing, involve the police where appropriate — contemporaneous records decide these.
Ground 17 — tenancy obtained by false statement (discretionary · 2 weeks' notice)
For tenancies granted on a material lie — falsified references, concealed identity. Keep the application and referencing file; it is the before/after comparison that proves the deception.
The three rules that sit over everything
- The protected period. Grounds 1 and 1A cannot be used in the tenancy's first 12 months — counted from the tenancy start, not from your purchase of the property.
- Genuine intent is enforceable. Serving notice on a ground you don't intend to rely on is an offence. Use the ground that is actually true.
- Everything runs on records. Mandatory grounds need the qualifying facts proven; discretionary grounds need the court persuaded. Both are exercises in documentation — rent ledgers, inventories, inspection reports, dated correspondence, proof of service.
Use the prescribed Section 8 form, keep proof of service, and diarise the expiry date. A defective notice doesn't get fixed at the hearing — it gets you sent back to the start of the notice period.
Sources
Change log: 20 Aug 2026 — first published. Companion to possession notice periods.
