How to begin the eviction process

As a landlord you must understand that you can only begin the eviction process if the tenant(s) have breached the tenancy agreement somehow.
If the breach falls within the mandatory grounds, set out below then the court must grant possession to the landlord.

Mandatory grounds
If a mandatory ground is proven, the court must grant possession to the landlord. The notice periods for these grounds is dependent on the nature of the breach and can range from two weeks to four months.

• Ground 1 (Amended) - If the landlord or a family member wishes to move into the property; this can only be done after the tenancy has exceeded 12 months
Notice period: Two months


• Ground 1A (New) - If the landlord intends to sell the property; this can only be used after the tenancy has exceeded 12 months
Notice period: Two months


• Ground 2 - If the mortgage provider wishes to repossess the property
Notice period: Two months


• Ground 2ZA - 2ZD (New) - If the leasehold has ended and the landlord does not own the freehold
Notice period: Two months


• Ground 3- If a property was occupied for the purpose of a holiday during the year before the start of the tenancy & the tenancy does not exceed 8 months.
  The landlord must have informed the tenant in writing before the start of the tenancy that they might use ground 3. The court does not have the discretion to waive this requirement.
Notice period: Two weeks


• Ground 4 - If a property was let to a student by an educational institute for a fixed term of no more than 12 months
  The landlord must have informed the tenant in writing before the start of the tenancy that they might use ground 4. The court does not have the discretion to waive this requirement.
Notice period: Two weeks


• Ground 4A (New) - For student landlords not affiliated with an educational institution who need the property for new student tenants before the academic year starts
Notice period: Two weeks


• Ground 5 - If a religious organisation owns the property and needs a minister of religion to live in
Notice period: Two weeks


• Ground 6 - If a landlord wishes to demolish or redevelop the rented property to the extent that the tenant cannot live there

The landlord must prove they cannot reasonably carry out the work with the tenant in residence.
They must show the court that either:
• The tenant does not agree to a variation in the terms of the tenancy to grant access, or
• The tenant does not agree to accept a tenancy for a reduced part of the house, or
• The nature of the work is such that variations to the tenancy are not practical
Notice period: Two months


• Ground 6A (New) - If the landlord needs possession to comply with enforcement action
Notice period: Two months


• Ground 7 - If a tenant has passed away, but this cannot be used if a surviving spouse is living on the property
The court must order possession on ground 7 where both:
• The tenancy has passed on by will or intestacy rules after the death of the tenant, and
• The landlord started possession proceedings no later than 12 months after the death of the tenant or, if the court directs, the date the landlord became aware of the death
Notice period: Two months


• Ground 7a - If the tenant has committed "serious anti-social behaviour"
The tenant, or anyone living in or visiting the property, has been convicted of a serious offence that was committed either:
• In the locality of the dwelling house, or
• Elsewhere against a person who lives or has a right to occupy accommodation in the locality, or
• Elsewhere against the landlord or someone employed in connection with the landlord's housing management functions
Notice period:One month (if fixed term)
Notice period:Four weeks (if periodic)


• Ground 7b - If the tenant does not have a right to rent in the property
The court must order possession on ground 7B where the Home Office has notified the landlord that one or more, but not all, of the tenants or occupiers do not have a right to rent.
Notice period: Two weeks


• Ground 8 (Amended) - ​​If the tenant is at least three months in arrears (or 13 weeks if rent is paid weekly or fortnightly)
The tenant must owe the rent when the notice is served and at the time of the court hearing.

Notice period: Two weeks


Discretionary grounds
Discretionary grounds allow the court to decide whether eviction is justified. These are often used in cases involving minor breaches or tenant misconduct.

Ground 9 - If a landlord has provided accommodation that is like-for-like for the current tenancy

Ground 10 - If the tenant is in rent arrears but is less than ground 8

Ground 11 - If the tenant is constantly late in paying rent, but is not in rent arrears

Ground 12 - If the tenant has breached the tenancy agreement, excluding rent payments

Ground 13 - If the tenant has deteriorated or neglected the landlord's property

Ground 14 - If the tenant is a nuisance or annoyance to neighbours, or using the property for illegal or immoral activity

Ground 14A (New) - Social landlords can evict a domestic violence perpetrator if the victim has fled

Ground 14ZA (New) - If the tenant or adult at the property has been convicted of an indictable offence during a UK riot

Ground 15 - If the tenant caused damage to furniture provided by the landlord

Ground 17 - If the tenant was given the tenancy with a "false statement"

Ground 18 (New) - The tenancy is for supported accommodation, and the tenant refuses to engage in support

NLA members can request a drafted Section 8 notice at the reduced rate of £55.40. Our legal team will ensure that your notice is legally compliant & 100% ready to serve upon your tenant.
Non NLA members can download a blank Section 8 form from our form resources page or request a legally drafted notice for a fee of £95.10.