New Rules - Section 8 Grounds 1 and 1A
Reliance on these 2 Mandatory Grounds under the Renters' Rights Act 2025 have raised significant questions throughout the private rented sector.
Comments published by the national press, trade press and those who do not understand the intricacies and detail are far from helpful.
Landlords must obtain legal advice before going down this route, ensuring the time-frames are adhered to and the restrictions are not breached.
The government has published further guidance on the rules that will govern the service of Section 8 under the Renters’ Rights Act 2025.
Ground 1 - Occupation by landlord or family
If the landlord or a close family member need to move into the property, the landlord will be able to use this ground.
The landlord will not be able to ask the tenant to leave for this reason within the first 12 months of a new tenancy.
Ground 1 notice period
The landlord must give 4 months’ notice before going to court to apply for a possession order to evict the tenant. The landlord or a close family member can only move into your property after evicting the tenant.
Ground 1A - Sale of dwelling house
The landlord will be able to use this ground if they intend to sell your property. The landlord will not be able to ask the tenant to leave for this reason within the first 12 months of a new tenancy.
If the landlord is a social landlord, they will not be able to use this ground until 2027. Social landlords should continue to use the notice periods in the current possession guidance until the Renters’ Rights Act 2025 changes apply to the social rented sector in 2027.
The landlord cannot use this ground if they are a private landlord and the tenant has an assured tenancy created before 1 May 2026 that was not an assured shorthold tenancy. These non-shorthold tenancies are sometimes known as assured ’lifetime tenancies’.
Ground 1A notice period
The landlord must give 4 months’ notice before they can apply to the court for a possession order to evict the tenant.
Restrictions - Grounds 1 and 1A
It is important to note that if the landlord or a family member does not move back into the property OR if the property fails to sell, and a section 8 notice has been served under the relevant grounds, the landlord cannot market, advertise or relet the property 12 months from the date of expiry of the section 8 notice.