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Tenant Evictions In London > Guide to Section 8 Proposed New Grounds

Guide to Section 8 Proposed New Grounds

The proposed changes are contained within the draft Bill, called the Renters Rights Bill. This is progressing through Parliament, so it is not guaranteed to be the law ultimately passed, but it gives us a good indication of the grounds we can expect to see. The below is also not an exhaustive list of all amendments proposed, – but instead sets out the grounds we are most likely to see if implemented.

This ground amends an existing provision under the Housing Act. Currently, landlords can recover possession if:

  • Written notice of this ground was provided to the tenant.
  • Before the tenancy, the landlord (or at least one joint landlord) used the property as their primary residence.
  • The landlord (or their spouse or civil partner) needs the property as their primary residence.

The proposed Bill updates this ground to allow landlords to serve a Section 8 notice if the tenancy has existed for at least one year and the property is required as the primary residence for:
  • The landlord.
  • The landlord’s spouse, civil partner, or cohabitant.
  • A parent, grandparent, sibling, child, or grandchild of the landlord or their spouse/civil partner.

    • Relationships of "half-blood" will be treated equally, and joint landlords need only meet this criterion individually. The proposed notice period for this ground increases from 2 months to 4 months.

    This new ground allows landlords to regain possession when they intend to sell the property or grant a long lease (21+ years). Conditions for serving notice under this ground include:

    • The tenancy has existed for at least one year, or the property is subject to compulsory acquisition by an authority.
    • The tenancy is not an agricultural tenancy.
    • The landlord is not a non-profit housing provider or social landlord.
    The notice period for this ground is also proposed to be 4 months.

    This proposed ground applies where a landlord holds the property under a superior tenancy that:

    • Will end within 12 months of the notice being served due to valid termination by the superior landlord.
    • Is a fixed-term tenancy that will expire within 12 months of the notice date.
    This ground is limited to landlords who are:
    • Registered social housing providers.
    • Tenants under agricultural tenancies.
    • Managing supported accommodation.
    • Companies with at least 50% local authority ownership.
    The notice period for this ground is 4 months.

    This new ground permits a superior landlord to serve a Section 8 notice within six months of becoming the direct landlord under Section 18 of the Housing Act 1988. Like Ground 2ZA, it applies to landlords who meet specific criteria (e.g., registered housing providers or agricultural tenants). The notice period is 4 months.

    This new ground allows possession if the landlord faces enforcement issues, such as:

    • Breaching a banning order under the Housing and Planning Act 2016.
    • An improvement notice specifying overcrowding or other hazards under the Housing Act 2004.
    • A prohibition order that restricts property use.
    • Licensing revocation for Houses in Multiple Occupation (HMOs) or other rental properties.
    This ground ensures landlords can address enforcement requirements. The notice period is 4 months.

    This amended ground increases the threshold for possession from 2 months of rent arrears to:

    • 3 months' arrears (for monthly rent payments).
    • 13 weeks' arrears (for weekly rent payments).
    If the tenant is eligible for Universal Credit, unpaid amounts due to delayed payments will be excluded from the arrears calculation. The notice period for this ground increases from 2 weeks to 4 weeks.

    The Bill seeks to enhance tenant protections, making it more challenging for landlords to regain possession in some scenarios. With the abolition of Section 21 notices, landlords should:

    • Review their current tenancies and ensure compliance with existing laws.
    • Consider serving Section 21 notices before the Bill becomes law, where applicable.

        • If you need assistance with notice preparation or have questions about Section 8, our team is here to help.