What are mandatory possession grounds?

Mandatory grounds for possession are specific legal reasons a landlord can cite when seeking to evict a tenant, where the court has no choice but to grant the possession order if the ground is proven. These are set out in Schedule 2 of the Housing Act, and were amended by the Renters' Rights Act

When your landlord cites a mandatory ground in a Section 8 notice, the stakes are higher because the court has no discretion. If the landlord proves the ground applies, the court must grant the possession order, regardless of your personal circumstances. The court can't consider whether it's "reasonable" to evict you or take into account factors like children in the household, health issues, or difficulty finding alternative accommodation.

The key mandatory grounds under the reformed Section 8 (post-Renters' Rights Act) are:

  • Ground 1, landlord or family member intends to occupy the property,
  • Ground 1A, landlord intends to sell the property,
  • Ground 2, mortgage lender exercising power of sale,
  • Ground 5A, property required for a religious worker,
  • Ground 6, landlord intends to substantially redevelop the property, and
  • Ground 8, serious rent arrears of at least three months at both the notice date and the court hearing.

Several mandatory grounds come with restrictions. Grounds 1 and 1A, for example, can't be used within the first 12 months of the tenancy, and they require four months' notice, while Ground 8 now excludes arrears that have built up solely because universal credit payments haven't yet been received.

Because the court must grant possession on mandatory grounds, your main defence is challenging whether the ground is genuinely made out. If the landlord says they intend to sell but you have evidence suggesting otherwise, you can argue the ground isn't proven.

Frequently asked questions

+

What's the difference between mandatory and discretionary grounds?

With mandatory grounds, the court must grant possession if the ground is proven. With discretionary grounds, the court can consider whether it's reasonable to evict you, even if the ground is technically made out.
+

Can my landlord use a mandatory ground within the first year of my tenancy?

It depends on the ground. Grounds 1 and 1A (landlord occupation and sale) can't be used until at least 12 months after the tenancy started. Other mandatory grounds, like Ground 8 (serious rent arrears), can be used at any time.
+

What happens if my landlord lies about their reason for evicting me?

Misusing a possession ground is an offence under the Renters' Rights Act 2025. If your landlord cites Ground 1A (intention to sell) but doesn't actually sell the property, you can report them and they can face a civil penalty. You may also be able to apply for a rent repayment order.
Helping UK renters stop unfair deposit deductions.
Β© 2026 Deposit Guard Ltd
55Β St Paul's Street, Leeds, LS1 2TE