Possession claims under section 8
Since 1 May 2026 every possession claim requires a ground. Establishing it properly is the case.
Mandatory and discretionary grounds
The distinction is critical. A mandatory ground properly made out produces an order. A discretionary ground produces an argument.
Notice periods
Each ground carries its own notice period, and they differ substantially — four months for Ground 1A, four weeks for Ground 8. Serving the wrong period invalidates the notice, and the process starts again.
The notice must specify the ground or grounds relied on and give the particulars. A notice that omits a ground cannot generally be used to establish it later.
Where claims fail
In roughly this order of frequency:
Defending a possession claim
We act for tenants as well, though not against our own landlord clients and not on the same matter.
Common defences: a defective notice; failure to protect the deposit or serve prescribed information; missing safety certification; an arrears calculation that is wrong or that includes sums not properly due; a counterclaim for disrepair that reduces or extinguishes the arrears; and, on discretionary grounds, that it is not reasonable to order possession.
What we do
What it costs
£400 per hour plus VAT with an estimate by stage. Court fees are additional.
To be direct: for a single straightforward possession claim there are firms who will be cheaper than us, and if that is what you need you should use one. Our value is in the matters that are contested, or in getting the position right across a portfolio before the claim arises.
Questions
Questions people ask us
Which ground do I use?
It depends on why you want possession. Sale is Ground 1A, serious arrears is Ground 8, and there are discretionary grounds for breach, nuisance and lesser arrears. The choice determines the notice period and whether the court has a discretion, so it is worth getting right first time.
My tenant paid off some arrears before the hearing. Does Ground 8 still work?
Possibly not. Ground 8 requires the arrears threshold to be met both at the date of the notice and at the hearing. A tenant who pays down below it defeats the mandatory ground, though discretionary grounds may remain.
I never protected the deposit. Does that stop me?
It creates real difficulties and a separate financial exposure. Take advice before serving anything — there may be steps that improve the position, and there may not.
How long does a possession claim take?
The notice period, then issue, then a hearing date determined by the court’s listing. Several months in total for a straightforward claim, longer where it is defended.
I have received a possession notice. What should I check?
The ground relied on, the notice period, whether the particulars are given, whether your deposit was protected and the prescribed information served, whether the safety certification was provided, and whether the arrears figure is right. Defects in any of these can defeat the claim.
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