Section 8 Ground 7B: No Right to Rent – Landlord Guide 2026

Section 8 Ground 7B lets a landlord in England seek mandatory possession when the Home Office has told them a tenant has no right to rent. This guide covers when Ground 7B applies under the Housing Act 1988, the 2 weeks’ notice, the evidence you need, how to complete Form 3A and what to do if the tenant stays.

Last reviewed September 2026

Checked against GOV.UK guidance (updated 1 May 2026)

Mandatory ground · England only

Mandatory ground2 weeks’ noticeHome Office notice requiredForm 3A Section 8 notice

Section 8 Notice Generator – Ground 7B (No Right to Rent)

Form 3A format · Notice dates calculated for you · England only · From £19.99

Only use Ground 7B once you hold the Home Office notice to landlord. Read the conditions below first.

Select possession ground(s)

Form 3A is for private-sector assured tenancies in England, notices served on or after 1 May 2026.

You can select more than one ground. If you do, the longest notice period applies.

MANDATORY

Court must grant possession if the ground is proven

DISCRETIONARY

Court decides whether to grant possession

Notice Preview

Updates as you fill in

Select a ground to see your notice preview

Ground 7B in brief

What: a mandatory ground in Schedule 2 to the Housing Act 1988. If proved, the court must order possession.
Trigger: notice from the Secretary of State (Home Office) that the tenant has no right to rent.
Notice period: 2 weeks on a Section 8 notice (Form 3A), per GOV.UK guidance.
After notice: you can apply to court straight away once the notice period ends. You cannot evict without a court order.
Risk: civil penalties of up to £10,000 per occupier (first breach) and criminal liability if you knowingly continue to let.

What Is Section 8 Ground 7B?

Ground 7B is one of the mandatory possession grounds in Schedule 2 to the Housing Act 1988. It applies where a tenant has no right to rent under immigration law and the Secretary of State has given the landlord notice of that. GOV.UK guidance on the ground is in its grounds for possession guidance.

Because it is mandatory, the judge must make a possession order once the ground is proved. Unlike discretionary grounds, the court does not weigh up whether eviction is reasonable.

Since Section 21 was abolished on 1 May 2026 under the Renters’ Rights Act 2025, landlords must rely on a Section 8 ground to recover possession. For a tenant who has lost the right to rent, that ground is 7B. See our explainer on what landlords do now Section 21 has gone.

When Can a Landlord Use Ground 7B?

You need all of the following before serving a Ground 7B notice:

1
An assured tenancy in England
Ground 7B is a Housing Act 1988 ground, so it applies to assured tenancies (including assured shorthold tenancies) of homes in England.
2
An occupier with no right to rent
Right to rent is assessed under Part 3 of the Immigration Act 2014. British and Irish citizens always have it; others depend on their immigration permission.
3
Notice from the Home Office
The Secretary of State must have given you notice that the occupier has no right to rent. A tip-off or your own suspicion does not qualify.

Right to rent status by occupier type
Occupier	Status	How landlords check
British and Irish citizens	Right to rent – no time limit	Manual check of acceptable original documents, or identity verification technology
People with indefinite leave or settled status	Right to rent – no time limit	Home Office share code (online check)
People with time-limited leave (visa, pre-settled status)	Right to rent – time-limited	Share code; repeat the check before leave expires, as the code of practice requires
Occupier the Home Office has told you has no right to rent	No right to rent	Home Office notice to landlord – this is what opens Ground 7B

Full check methods and acceptable documents: GOV.UK – Prove your right to rent and the landlords’ code of practice.

No Home Office notice yet?

You cannot use Ground 7B. If a follow-up check suggests an occupier no longer has the right to rent, follow the Home Office’s landlord guidance on reporting the result, keep dated records and take legal advice. Do not pressure the tenant to leave.

Shared houses and joint tenancies

Where several people live in the property, check who the Home Office notice names and what type of tenancy each occupier holds before deciding who to serve. A notice that does not fit the tenancy structure can fail. Take advice for HMOs and joint tenancies.

Ground 7B Notice Period and How to Complete Form 3A

GOV.UK guidance says you must give 2 weeks’ notice under Ground 7B before applying to court. Grounds are served on a Section 8 notice, which our Form 3A generator completes for you. If you cite more than one ground on the same notice, the longest applicable period governs.

Section 8 ground types and minimum notice periods
Ground	Type	Notice period
Ground 7B – no right to rent	Mandatory	2 weeks
Ground 7A – severe antisocial or criminal behaviour	Mandatory	None, but no possession order for 14 days from notice
Ground 14 – antisocial behaviour	Discretionary	None, but no possession order for 14 days from notice
Ground 8 – rent arrears (3 months / 13 weeks)	Mandatory	4 weeks
Ground 10 – any rent arrears	Discretionary	4 weeks
Ground 12 – breach of tenancy	Discretionary	2 weeks
Ground 1 – landlord or family moving in	Mandatory	4 months (12-month protected period)
Ground 1A – sale of the property	Mandatory	4 months (12-month protected period)

Source: GOV.UK grounds for possession guidance (updated 1 May 2026).

Ground cited

Ground 7B of Schedule 2 to the Housing Act 1988. You may add other grounds that genuinely apply, for example rent arrears under Ground 8.

Particulars

Say that the Secretary of State has given notice that the occupier has no right to rent and give the date of that notice.

Dates

Count 2 weeks from when the tenant is treated as receiving the notice, allowing for the method of service.

Names and address

Copy tenant names and the property address exactly as they appear on the tenancy agreement.

More on getting the form right: how to fill in Form 3A correctly, and how to fix an invalid Section 8 notice.

Ground 7B Step by Step

1
Do and record your Right to Rent checks
Check every adult occupier before the tenancy starts and keep dated copies. Repeat checks for time-limited leave. This is your statutory excuse against civil penalties.
2
Receive the Home Office notice
Ground 7B is triggered by notice from the Secretary of State. Keep the original notice and the date and method by which you received it.
3
Serve a Section 8 notice on Form 3A
Cite Ground 7B, name every tenant exactly as on the tenancy agreement, and give at least 2 weeks’ notice. Our Form 3A tool calculates the earliest date for you.
4
Record service
Keep proof of how and when you served the notice (a signed acknowledgement, or a dated record of delivery). You will need it in court.
5
Apply to court if the tenant stays
Once the notice period ends you can apply straight away for a possession order. Attach the Home Office notice, the notice you served and your proof of service. If the tenant still does not leave after the order, apply for a warrant of possession.

Estimate the full timescale with our possession order timeline calculator.

Evidence for a Ground 7B Possession Claim

Ground 7B is mandatory, but you still have to prove it. Gather these before you issue:

Home Office notice to landlord
The essential document. It names the occupier(s) with no right to rent. Without it, Ground 7B is not available.
Your Right to Rent check records
Dated share-code results or document copies from before the tenancy began, plus any follow-up checks. They show you complied and support your statutory excuse.
Tenancy agreement
Tenant names on the Section 8 notice and claim should match the agreement exactly.
Form 3A and proof of service
The notice you served, and evidence of the date and method of service.
Deposit protection evidence
The court cannot make a possession order if the deposit was not protected in a government-approved scheme.
Correspondence with the Home Office
Anything you sent or received about the occupier’s status, including your report of the follow-up check result.

Civil Penalties, Criminal Liability and the Statutory Excuse

The Right to Rent scheme is enforced by the Home Office under Part 3 of the Immigration Act 2014. Penalty levels increased in February 2024:

First breach

Up to £10,000 per occupier, or £5,000 per lodger.

Repeat breach

Up to £20,000 per occupier, or £10,000 per lodger.

Criminal offence

Where the landlord knew or had reasonable cause to believe the person was disqualified: up to 5 years’ imprisonment and/or an unlimited fine.

A correct check before occupation, with records kept, gives you a statutory excuse against a civil penalty. The excuse can be time-limited, so repeat checks matter. A new code of practice applies to tenancies starting on or after 1 October 2026; read the current code of practice for the rules that apply to your tenancy.

Penalty figures are maximums and depend on the facts, including any earlier breach within three years and any discount for prompt payment. Take advice if you have received a Home Office warning or penalty notice.

What Happens After the Ground 7B Notice Expires?

Tenant leaves

Take back possession by agreement, carry out the check-out, deal with the deposit through your scheme and keep your Right to Rent and Home Office records safe.

Tenant stays

You can apply to the county court straight after the notice period ends. If the court makes a possession order and the tenant still remains, you apply for a warrant of possession so bailiffs can enforce it.

6 Mistakes That Sink a Ground 7B Claim

1.
Serving Ground 7B without Home Office notice
A suspicion, tip-off or your own check result is not enough. The ground needs notice from the Secretary of State.
2.
Self-help eviction
Changing locks or removing belongings is potentially a criminal offence under the Protection from Eviction Act 1977. Only a court order ends the tenancy against the tenant’s will.
3.
Omitting a joint tenant
Every tenant should be named on the notice exactly as on the tenancy agreement. Mismatches invite challenges and delay.
4.
Unprotected deposit
The court will not make a possession order if the deposit was not protected in an approved scheme. Fix compliance before you issue.
5.
Not keeping Right to Rent records
Without dated records you lose the statutory excuse and weaken your position if the Home Office investigates.
6.
Waiting after the Home Office notice
Delay keeps you exposed to civil penalty and criminal risk. Serve the notice promptly and take advice.

See also our guide to Section 8 mistakes that void a claim.

How Ground 7B Compares With Other Grounds

Ground 7A →

Also mandatory, but based on convictions, breached orders or closure orders for severe antisocial or criminal behaviour.

Ground 8 →

Mandatory arrears ground: at least 3 months’ (or 13 weeks’) rent owed at notice and at the hearing, with 4 weeks’ notice. Can be cited alongside 7B.

Ground 14 →

Discretionary antisocial behaviour ground, where the court decides whether possession is reasonable.

Multiple grounds →

You can cite several grounds on one notice if each genuinely applies.

About This Guide and Our Sources

How we wrote it

Written by the OfficeDraft Legal Team from primary sources: the statute, GOV.UK guidance and the Home Office code of practice. We do not rely on other landlord blogs for legal rules.

Last reviewed

September 2026. Notice periods checked against GOV.UK guidance updated 1 May 2026. We re-check when the law or guidance changes.

Scope and limits

England only. OfficeDraft is a document-generation service, not a law firm, and this guide is general information rather than legal advice.

Official sources

Spotted something out of date? Tell us through the contact details in our terms. See also our privacy policy and refund policy.

Frequently Asked Questions About Section 8 Ground 7B

What is Section 8 Ground 7B?

Ground 7B is a mandatory possession ground in Schedule 2 to the Housing Act 1988. It applies where a tenant has no right to rent under immigration law and the Secretary of State (the Home Office) has given the landlord notice of that. It applies in England only.

Is Ground 7B mandatory or discretionary?

It is mandatory. If the landlord proves the ground, the court must make a possession order. The court has no discretion to refuse it because the circumstances are sympathetic.

What notice period does Ground 7B require?

GOV.UK guidance says the landlord must give 2 weeks’ notice before applying to court for a possession order. The notice is a Section 8 notice on Form 3A. If you cite several grounds on one notice, the longest applicable period governs the notice.

Can I use Ground 7B if I only suspect my tenant has no right to rent?

No. The ground depends on the Home Office giving you notice that the occupier has no right to rent. If you suspect a problem, do the follow-up Right to Rent check through the Home Office landlord checking service and report the outcome as the Home Office guidance requires.

What happens if I do nothing after the Home Office notice?

Letting to someone who has no right to rent exposes landlords to civil penalties of up to £10,000 per occupier for a first breach and £20,000 for a repeat breach (£5,000 and £10,000 for lodgers), and to a criminal offence where the landlord knew or had reasonable cause to believe the person was disqualified. Act promptly and take advice.

Can I change the locks after the notice expires?

No. Only a court order, enforced by county court bailiffs or High Court enforcement officers, ends the tenancy against the tenant’s will. Lock changes and removing belongings can amount to unlawful eviction under the Protection from Eviction Act 1977, whatever the tenant’s immigration status.

Related Section 8 Guides and Tools

Section 8 Notice Generator (all grounds)Form 3A Generator – England Section 8 Multiple Grounds Generator Ground 7A – Serious Antisocial Behaviour Ground 8 – Mandatory Rent Arrears Ground 14 – Nuisance and Annoyance Possession Order Timeline Calculator Tenant Won’t Leave After Section 8 Notice Form 3A: How to Fill It In Correctly Section 8 Notice Mistakes That Void a Claim Section 21 Abolished: What Landlords Do Now Renters’ Rights Act: Complete Landlord Guide

Legal disclaimer

OfficeDraft helps landlords and agents prepare Section 8 notices. This page gives general information and is not legal advice. Ground 7B sits where housing and immigration law meet, and every case turns on its facts. Before serving a notice, especially where the tenant has a pending immigration application or you are unsure what the Home Office notice covers, get advice from a qualified housing solicitor. The Law Society’s Find a Solicitor service can help. Last reviewed September 2026.

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