Mandatory vs discretionary grounds
Picking the right combination is the difference between winning and rolling the dice.
Section 8 grounds split into two categories. Mandatory grounds mean the court must grant possession if the ground is proved. Discretionary grounds mean the court can grant possession but only if it considers eviction reasonable on the facts.
Mandatory grounds (post-RRA)
Ground 1 (landlord moving in). Ground 1A (selling). Grounds 2-5 (mortgage, holiday let, student, ministerial). Ground 6 (redevelopment). Ground 7 (death of tenant). Ground 7A (severe ASB). Ground 8 (substantial rent arrears). Ground 14ZA (illegal subletting). The court has no discretion if you prove the ground.
Discretionary grounds
Ground 9 (suitable alternative). Grounds 10-11 (any arrears, persistent late payment). Grounds 12-13 (breach of tenancy, damage). Ground 14 (general ASB). Grounds 15-17 (deterioration, false statement, employment). The court weighs reasonableness.
Strategy: pair them
Almost always cite at least one discretionary ground as a fallback to your primary mandatory ground. If the mandatory ground fails (e.g. arrears drop below threshold), the discretionary grounds may still succeed.
Example combinations
Rent arrears: Ground 8 (mandatory) + Grounds 10 + 11 (discretionary). Property damage: Ground 13 (discretionary alone — there is no mandatory damage ground). ASB: Ground 14 (discretionary) + Ground 7A (mandatory, but only for severe cases meeting the criminal-conviction threshold).
Common mistakes
- Citing Ground 7A (mandatory severe ASB) without meeting the strict criteria. Falls back to Ground 14 anyway, but wastes a notice cycle if challenged.
- Single-ground notices when multiple grounds reasonably apply.
Source: gov.uk Guide to the Renters' Rights Act 2025. Last verified 2026-05-09. This page is informational, not legal advice. For complex disputes, consult a solicitor.