Landlord Law Services

Legal help, services and support for private residential landlords

Mandatory and Discretionary Grounds for Eviction under the Housing Act 1988

When a landlord brings a claim for possession of their property, it is not always straightforward.  You need to have a legal reason for your claim – if this is not made out then your claim will fail.

The type of reason you can use depends upon the type of tenancy that you have.  If your tenancy is an assured tenancy, then your reason for eviction must be one which is authorised by the Housing Act 1988 – the Act which created and regulates assured tenancies.

Since the Renters Rights Act 2025 came into force (in this respect) on 1 May 2026, landlords of assured tenancies must use one of the ‘grounds’ in Schedule 2 of the Housing Act (which were amended somewhat by the Renters Rights Act).  This is what we are going to be looking at below.

As you are probably aware, the no-fault section 21 eviction procedure was abolished by the Renters Rights Act.

Before going through the grounds, though, we need to take a look at sections 7 and 8 of the act, as these set out how the system works.

Section 7 of the Act

The main effect of this section is that landlords can’t use Notices to Quit or the forfeiture procedure for possession for assured tenancies (these were the procedures that used to be used and are still used for ‘unregulated’ common law tenancies).

Section 8 of the Act

Section 8 of the act sets out the procedure for serving the notice which must precede the issue of proceedings –  which is why the notice is called a ‘section 8 notice’.

In non-technical language, this is what section 8 says:

  • You must serve a section 8 notice before issuing proceedings based on any of the grounds, although in a few circumstances the Judge can waive this requirement if he considers it ‘just and equitable’.
  • You should cite the ground that you want to use in your notice, although the court can give you leave to change the grounds later.
  • However, if you are using one of grounds 7A, 7B or ground 8 (the serious rent arrears ground) you MUST cite this in your notice – or you can’t base your claim on that ground.  As the Judge’s power to waive the requirement does not apply to these grounds.
  • You should use the prescribed Form 3A (or a form substantially to the like effect). It is important to complete it correctly, as errors can result in your possession claim being delayed or dismissed.
  • Note that after 1 May 2026, the old Form 3 can no longer be used.  Landlords must use the new form 3A.
  • You have to give the proper notice period in your notice.  We set out the notice period in the individual grounds sections below.
  • The notice has a ‘life’ of 12 months from the date of service.  If you do not issue proceedings within this period (and still want to evict), you will need to serve another notice.

(The section has a lot more in it, but those are the main things you need to know).

Probably the most common ground used is ground 8, the serious rent arrears ground.  However, for completeness, we set out all the grounds here, with some notes about them, just so you know what they are.  Although not all are appropriate for private landlords.

If you want to see the grounds in situ you will find  Schedule 2 here. 

The government has also published a list of all the grounds for possession.

Prior notice

Note that a new section 16D(3) and 16E(1)(f) (inserted in the Housing Act 1988 by the Renters Rights Act s12) require the landlord to have given the tenant notice that they may wish to use certain grounds for possession in the tenancy agreement (or ‘statement of terms’).  These are  Grounds 1B, 2ZA to 2ZD, 4, 5 to 5H, 6A or 18.

If prior notice is not given, you will be vulnerable to a financial penalty.

There is also a requirement to give prior notice of an intention to use ground 4A, but this is set out in the ground itself rather than in s16.  Note that using this ground is conditional upon notice having been given in advance.

The tenancy start date – see our FAQ here if your tenancy predated 1 May 2026.  

First, we will look at –

The Mandatory Grounds

With these grounds, the Judge HAS to make an order for possession if the ground has been made out.

The Renters Rights Act 2025 introduced many new mandatory grounds.  Most of these new grounds fall outside the scope of the Landlord Law service.  We have included all these new grounds so you can see what they are, but most are not discussed further.

For most of the grounds, we give the text from the legislation (as amended by the Renters Rights Act), the notice period and some notes.

A few of the grounds are very long so we have not included the text for those grounds, just the notes.

Click the titles to open up or close the sections below.

If you are unable to open up the sections   click here.

Ground 1

The current tenancy began at least 1 year before the relevant date and the landlord who is seeking possession requires the dwelling-house as the only or principal home of any of the following—

(a) the landlord;

(b) the landlord’s spouse or civil partner or a person with whom the landlord lives as if they were married or in a civil partnership;

(c) the landlord’s—

(i) parent;
(ii) grandparent;
(iii) sibling;
(iv) child;
(v) grandchild;

(d) a child or grandchild of a person mentioned in paragraph (b).

A relationship of the half-blood is to be treated as a relationship of the whole blood.

In the case of joint landlords seeking possession, references to “the landlord” in this ground are to be read as references to at least one of those joint landlords.

When calculating whether the current tenancy began at least 1 year before the relevant date, both—

(a) the day when the current tenancy began, and
(b) the relevant date,

must be included in the calculation.

Notes:

The notice period is 4 months.

There are quite a few significant changes from the old ground 1:

  • It is irrelevant whether or not the landlord lived in the property before the tenancy start
  • There is no longer any need to give notice of the intention to use this ground in the tenancy agreement, and
  • The ground can now be used if the landlord wants the property for a member of his family to live in.

However, there is a new condition, which is that the ground cannot be used during the first 12 months of a new tenancy.

There is also an important restriction after using this ground. Generally, the landlord must not re-let or market the property for letting during the restricted period. This normally starts when the section 8 notice is served and lasts until 12 months after the date specified in the notice as the earliest date when possession proceedings can start. There are some exceptions.

  See the details in the Dealing with Local Authority Enforcement Kit.

See the details of the act below:

Section 16E

(2) Subject to section 16F, where a relevant person relies on Ground 1 or 1A in Schedule 2 in relation to an assured tenancy, the landlord must not, within the restricted period—

(a) let the dwelling-house on a tenancy for a term of 21 years or less, or

(b) permit a person to occupy the dwelling-house—

(i) under a licence to occupy, and
(ii) for monetary consideration.

(3) Subject to section 16F, where a relevant person relies on Ground 1 or 1A in Schedule 2 in relation to an assured tenancy, a relevant person in relation to that tenancy must not—

(a) within the restricted period, market the dwelling-house to let on a tenancy for a term of 21 years or less,

(b) within the restricted period, market the dwelling-house to be occupied—

(i) under a licence to occupy, and
(ii) for monetary consideration,

(c) authorise another person to market the dwelling-house to let on a tenancy for a term of 21 years or less, so far as the authorisation would allow that other person to market it within the restricted period, or

(d) authorise another person to market the dwelling-house to be occupied—

(i) under a licence to occupy, and
(ii) for monetary consideration,

so far as the authorisation would allow that other person to market it within the restricted period.

(4) Where a prohibition in subsection (2) or (3) applies to a person, it continues to apply to that person until the end of the restricted period, whether or not the tenancy continues during that period.
…

Section 16M

(4) Subject to subsections (5) to (7) “the restricted period” means—

(a) in relation to a relevant person relying on Ground 1 or 1A in a notice under section 8 or a purported notice of possession (see subsection (2)(a)), the period—

(i) beginning with the date on which the notice or purported notice is served, and
(ii) ending with the last day of the period of twelve months beginning with the date specified in the notice or purported notice as the earliest date on which proceedings for possession will begin;

(b) in relation to a relevant person relying on Ground 1 or 1A in a claim form or particulars of claim (see subsection (2)(b)), the period of twelve months beginning with the date on which the claim form or particulars of claim are filed with the court for the purpose of bringing proceedings for possession.

Ground 1A

The following conditions are met—

(a) the landlord who is seeking possession intends to sell a freehold or leasehold interest in the dwelling-house or to grant a lease of the dwelling-house for a term certain of more than 21 years which is not terminable before the end of that term by notice given by or to the landlord;

(b) the assured tenancy on which the dwelling-house is let did not come into being by virtue of any provision of Schedule 1 to the Rent Act 1977 or section 4 of the Rent (Agriculture) Act 1976;

(c) either—

(i) the current tenancy began at least 1 year before the relevant date, or
(ii) at the relevant date, notice of a compulsory acquisition in relation to the dwelling-house has been given, the landlord intends to sell their interest in the dwelling-house to the acquiring authority and the acquiring authority intends to acquire it;

(d) the landlord seeking possession is not—

(i) a non-profit registered provider of social housing,
(ii) a body registered as a social landlord in the register maintained under section 1 of the Housing Act 1996,
(iii) a body registered as a social landlord in the register kept under section 20(1) of the Housing (Scotland) Act 2010,
(iv) a housing trust, within the meaning of the Housing Associations Act 1985, which is a charity, or
(v) where the dwelling-house is social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008, a profit-making registered provider of social housing.

In paragraph (c)(ii), “sell” includes transfer.

When calculating whether the current tenancy began at least 1 year before the relevant date, both—

(a) the day when the current tenancy began, and
(b) the relevant date,
must be included in the calculation”.

Notes:

The notice period is 4 months.

This is a new ground, and is, together with Ground 1, one of the two ‘no fault’ grounds available to landlords if they want to recover possession of their property.

This ground is similar to Ground 1 (the other ‘no fault’ ground available to  landlords) in that the tenant cannot be required to leave under this ground during the first 12 months of the tenancy. A notice can be served during that period, but it must not expire until the first 12 months have ended.

Generally, the landlord must not re-let or market the property for letting during the ‘restricted period ‘. This starts when the section 8 notice is served and normally lasts until 12 months after the date specified in the notice as the earliest date when possession proceedings can start. There are some exceptions.

Breaching these restrictions is an offence. Local Authorities can prosecute or, as an alternative, impose a financial penalty of up to £40,000. Government guidance recommends £25,000 as the starting point for the civil penalty.

  See the details in the Dealing with Local Authority Enforcement Kit.  And in the legislation extract below.

The Act doesn’t specify the required proof, but it is believed the courts will expect evidence of an active sales process. So the landlord will need to satisfy the court that there is a genuine intention to sell. Landlords relying on this ground should be prepared to provide evidence of their plans for sale.  The precise evidence required will depend on the circumstances.

Note that this ground cannot normally be used for a pre-1 May 2026 assured tenancy which was not an assured shorthold tenancy (sometimes known as an assured ‘lifetime’ tenancy).

Section 16E

(2) Subject to section 16F, where a relevant person relies on Ground 1 or 1A in Schedule 2 in relation to an assured tenancy, the landlord must not, within the restricted period—

(a) let the dwelling-house on a tenancy for a term of 21 years or less, or

(b) permit a person to occupy the dwelling-house—

(i) under a licence to occupy, and
(ii) for monetary consideration.

(3) Subject to section 16F, where a relevant person relies on Ground 1 or 1A in Schedule 2 in relation to an assured tenancy, a relevant person in relation to that tenancy must not—

(a) within the restricted period, market the dwelling-house to let on a tenancy for a term of 21 years or less,

(b) within the restricted period, market the dwelling-house to be occupied—

(i) under a licence to occupy, and
(ii) for monetary consideration,

(c) authorise another person to market the dwelling-house to let on a tenancy for a term of 21 years or less, so far as the authorisation would allow that other person to market it within the restricted period, or

(d) authorise another person to market the dwelling-house to be occupied—

(i) under a licence to occupy, and
(ii) for monetary consideration,

so far as the authorisation would allow that other person to market it within the restricted period.

(4) Where a prohibition in subsection (2) or (3) applies to a person, it continues to apply to that person until the end of the restricted period, whether or not the tenancy continues during that period.
…

Section 16M

(4) Subject to subsections (5) to (7) “the restricted period” means—

(a) in relation to a relevant person relying on Ground 1 or 1A in a notice under section 8 or a purported notice of possession (see subsection (2)(a)), the period—

(i) beginning with the date on which the notice or purported notice is served, and
(ii) ending with the last day of the period of twelve months beginning with the date specified in the notice or purported notice as the earliest date on which proceedings for possession will begin;

(b) in relation to a relevant person relying on Ground 1 or 1A in a claim form or particulars of claim (see subsection (2)(b)), the period of twelve months beginning with the date on which the claim form or particulars of claim are filed with the court for the purpose of bringing proceedings for possession.

Ground 1B

The following conditions are met—

(a) the landlord who is seeking possession intends—

(i) to sell a freehold or leasehold interest in the dwelling-house,
(ii) to grant a lease of the dwelling-house for a term certain of more than 21 years which is not terminable before the end of that term by notice given by or to the landlord, or
(iii) to grant an assured tenancy to another person;

(b) the assured tenancy on which the dwelling-house is let did not come into being by virtue of any provision of Schedule 1 to the Rent Act 1977 or section 4 of the Rent (Agriculture) Act 1976;

(c) the landlord who is seeking possession is a private registered provider of social housing;

(d) the assured tenancy was entered into pursuant to a rent-to-buy agreement;

(e) the period stated in that agreement has expired;

(f) the landlord who is seeking possession has complied with—

(i) any provision of the rent-to-buy agreement requiring the landlord to offer the dwelling-house for sale to the tenant, and
(ii) any requirements in the agreement about such an offer.
In this ground—

“rent-to-buy agreement” means an agreement in writing which—

(a) provides for the tenant to pay rent that is no higher than 80% of market rent (and here “rent” and “market rent” include any amount payable by way of service charge), and

(b) gives notice that the landlord intends after a period stated in the agreement which is not less than 5 years or, for dwelling-houses in Greater London, 10 years from the beginning of the tenancy to offer the dwelling-house for sale to the tenant”.

Notes:

The notice period is 4 months. 

This ground is conditional upon prior notice having been given before the tenancy started, that the landlord may wish to use this ground.

The circumstances when this ground can be used (a property being part of a rent-to-buy scheme) fall outside the remit of Landlord Law, so it is not discussed in any detail here. 

However, note that for this ground to be available, rent-to-buy landlords must have offered their tenant the opportunity to buy the property at the end of the scheme.

Ground 2

The dwelling-house is subject to a mortgage and—

(a) the mortgagee is entitled to exercise a power of sale conferred on him by the mortgage or by section 101 of the Law of Property Act 1925; and

(b) the mortgagee requires possession of the dwelling-house for the purpose of disposing of it with vacant possession in exercise of that power;

and for the purposes of this ground “mortgage” includes a charge and “mortgagee” shall be construed accordingly.

Notes:

Notice period is 4 months.

This ground can only be used by mortgagees – eg your ‘buy-to-let’ lender.  For example, if you have defaulted on your payments, they have repossessed the property and want to sell it with vacant possession.

It cannot be used by the landlord.

Note that the ground has been amended to remove the requirement for there to be a ‘ground 2’ notice in tenancy agreements.  So if your lender asks for this, you can tell them that it is no longer required in law.

Ground 2ZA

The landlord who is seeking possession—

(a) holds the interest in the dwelling-house under a superior tenancy where—

(i) the superior landlord has given a valid notice to terminate that tenancy as a result of which the superior tenancy will end within the period of 12 months beginning with the relevant date, or
(ii) the superior tenancy is a fixed term tenancy of a term certain which will expire (if the tenancy does not come to an end earlier) within the period of 12 months beginning with the relevant date, and

(b) is, or, in the case of joint landlords seeking possession, at least one of them is—

(i) a private registered provider of social housing,
(ii) a tenant of the superior landlord under a tenancy of an agricultural holding within the meaning of the Agricultural Holdings Act 1986 which is a tenancy to which that Act applies, or a farm business tenancy within the meaning of the Agricultural Tenancies Act 1995,
(iii) a person who held the dwelling-house for the purpose of making it available for occupation as supported accommodation, or
(iv) a company of which a local authority owns at least 50% of the issued share capital.

Notes:

The notice period is 4 months.

This ground is conditional upon prior notice having been given before the tenancy started, that the landlord may wish to use this ground.

If you lease your property and sublet, and your superior lease is ending within 12 months, you will be able to apply to Court to evict your tenant. But only if you: :

  • are an agricultural landlord
  • rent out supported accommodation
  • represent a company that a council owns half of or more

These do not fall within the remit of Landlord Law, so this ground is not discussed further.

Ground 2ZB

The landlord who is seeking possession holds the interest in the dwelling-house under a superior tenancy which is a fixed term tenancy of a term certain of more than 21 years and—

(a) the fixed term will expire (if the tenancy does not come to an end earlier) within the period of 12 months beginning with the relevant date, or

(b) if the superior tenancy has continued following the expiry of the fixed term, any party to the superior tenancy has served a valid notice to terminate that tenancy as a result of which the superior tenancy will end within the period of 12 months beginning with the relevant date

Notes:

The notice period is 4 months.

This ground is conditional upon prior notice having been given before the tenancy started, that the landlord may wish to use this ground.

You will be able to use this ground to apply for a possession order if your superior lease is not going to be extended, has ended or will end within 12 months. You will only be able to use this ground if the lease was for a fixed term of over 21 years. 

Landlord Law does not cover long lease situations so this ground is not discussed further.

Ground 2ZC

The landlord who is seeking possession became the landlord by virtue of section 18 no more than 6 months before the date on which the possession proceedings were commenced, and the previous landlord under the assured tenancy was, or, in the case of previous joint landlords, at least one them was—

(a) a private registered provider of social housing,
 
(b) a tenant of the superior landlord under a tenancy of an agricultural holding within the meaning of the Agricultural Holdings Act 1986 which is a tenancy to which that Act applies, or a farm business tenancy within the meaning of the Agricultural Tenancies Act 1995,
 
(c) a person who held the dwelling-house for the purpose of making it available for occupation as supported accommodation, or
 
(d) a company of which a local authority owns at least 50% of the issued share capital.

Notes:

The notice period is 4 months.

This ground is conditional upon prior notice having been given before the tenancy started, that the landlord may wish to use this ground.

After a superior (ie your) lease ends, the landlord under that superior lease can become your tenant’s landlord. They will be able to apply to court for a possession order to start the eviction process. That person will only be able to use this ground if you, as the original landlord, rented out the property under an assured tenancy and you were:

  • an agricultural landlord
  • providing supported accommodation
  • a company that the council owns half of or more
  • a private registered provider of social housing

These do not fall within the remit of Landlord Law, so this ground is not discussed further.

Ground 2ZD

The landlord who is seeking possession became the landlord by virtue of section 18, no more than 6 months before the date on which the possession proceedings were commenced, as a result of a superior tenancy which was a fixed term tenancy of a term certain of more than 21 years coming to an end—

(a) on the expiry of the fixed term,

(b) within the period of 12 months ending with the date on which the fixed term would have expired if the tenancy had not come to an end, or

(c) after the expiry of the fixed term, as a result of a valid notice to terminate the tenancy.

Notes:

The notice period is 4 months.

This ground is conditional upon prior notice having been given before the tenancy started, that the landlord may wish to use this ground.

After a superior (ie your) lease ends, the freeholder referred to as a ‘superior landlord’ can become your tenant’s direct landlord. The superior landlord will be able to apply to court for a possession order to evict the tenant. 

This ground will apply only if the lease was for a fixed term of over 21 years and has expired. The superior landlord or freeholder will have up to 6 months, from the date the lease reverted to them to apply to court using this ground.  

Landlord Law does not cover long lease issues so this is not discussed further.

This ground was repealed by the Renters Rights Act 2025.

Note that for most genuine holiday lets, the landlord will be able to evict the occupier without a court order pursuant to section 3A (7)(a) of the Protection from Eviction Act 1977.

Ground 4

At some time within the period of twelve months ending with the beginning of the tenancy, the dwelling-house was let on a tenancy falling within paragraph 8 of Schedule 1 to this Act, and

(c) if the tenancy arose by succession as mentioned in section 39(5), notice was given to the previous tenant under Case 14 of Schedule 15 to the Rent Act 1977, and

(d) the tenancy is not an assured agricultural occupancy in respect of which the agricultural worker condition is fulfilled by virtue of paragraph 3 of Schedule 3.

Notes:

The notice period is 2 weeks.

This ground is conditional upon prior notice having been given before the tenancy started, that the landlord may wish to use this ground.

This ground will be available only to universities and colleges, and it will apply only to student accommodation. The property must have been let to students within 12 months of the start of the tenancy. 

So this ground is not available to ‘ordinary’ landlords.

Ground 4A

The following conditions are met—

(a) the dwelling-house is in an HMO or is an HMO.

(b) the tenant meets the student test when the tenancy is entered into,

(c) the landlord or, in the case of joint landlords, at least one of them, gives the tenant, before the tenancy is entered into, a written statement of the landlord’s wish to be able to recover possession on the basis that—

(i) the tenant meets the student test when the tenancy is entered into, and
(ii) the landlord intends, on the next occasion on which the dwelling-house is let, to let it to a tenant who meets the student test when that new tenancy is entered into,

(d) the period—

(i) beginning with the day on which the tenancy was entered into, and
(ii) ending with the day on which the tenant was entitled to possession of the dwelling-house,

is six months or less,

(e) the relevant date falls within the period beginning with 1 June and ending with 30 September in any year, and

(f) the landlord seeking possession intends, on the next occasion on which the dwelling-house is let, to let it to a tenant who meets the student test when that new tenancy is entered into.

For the purposes of the conditions in paragraphs (b), (c) and (f), a tenant meets the student test when a tenancy is entered into if—

(a) the tenant is a full-time student at that time, or

(b) at that time, the landlord reasonably believes that the tenant would become a full-time student during the tenancy.

But, in a case where two or more persons are or would be the tenant, the tenant does not meet the student test unless all of those persons meet that test.

In this ground, “full-time student” means a person receiving education provided by means of a full-time course—

(a) of any description mentioned in Schedule 6 to the Education Reform Act 1988 provided by an institution in England or Wales;

(b) of any description mentioned in section 38(2) of the Further and Higher Education (Scotland) Act 1992 provided by an institution in Scotland;

(c) of any description mentioned in Schedule 1 to the Further Education (Northern Ireland) Order 1997 (S.I. 1997/1772 (N.I. 15)) provided by an institution in Northern Ireland.

In a case where, because of paragraph 8(7) of Schedule 1 to the 1988 Act, a tenancy becomes an assured tenancy, the condition in paragraph (c) of the first paragraph of this ground is met if the written statement referred to there is given within the period of 28 days beginning with the date on which the tenancy becomes an assured tenancy.

Notes:

The notice period is 4 months.

This ground is conditional upon prior notice having been given before the tenancy started, that the landlord may wish to use this ground.  See the FAQ here.

This ground is to allow student landlords to recover possession when the students refuse to vacate.  However, there are a number of conditions which mean it will not be available to all student landlords:

  • This ground is only available to properties which are HMOs so cannot be used where there are fewer than 3 occupiers.  The tenants must also form more than one household and share a toilet, bathroom or kitchen.
  • The property must be let to full-time students
  • It must be needed for a new group of students in line with the academic year between 1 June and 30 September
  • You will not be able to use this ground to evict your tenants if the tenancy was agreed more than six months before the tenancy started.
  • As stated above, you must have given advance notice (normally this is in the tenancy agreement) that you intend to use this ground if necessary

Because of these limitations, some student landlords may not be able to evict student tenants who stay on.

See also the blog post here.

Ground 5

The dwelling-house is held for the purpose of being available for occupation by a minister of religion as a residence from which to perform the duties of his office and—

(a) [deleted by the Renters Rights Act 2025]

(b) the court is satisfied that the dwelling-house is required for occupation by a minister of religion as such a residence.

(c) if the tenancy arose by succession as mentioned in section 39(5), notice was given to the previous tenant under Case 15 of Schedule 15 to the Rent Act 1977, and
(d) the tenancy is not an assured agricultural occupancy in respect of which the agricultural worker condition is fulfilled by virtue of paragraph 3 of Schedule 3

Notes:

The notice period is 2 months.

This ground is conditional upon prior notice having been given before the tenancy started, that the landlord may wish to use this ground.

Unless you are a religious organisation renting to ‘Ministers of Religion’ this ground is not available to you.

Ground 5A

The landlord seeking possession requires the dwelling-house for the purpose of housing a qualifying agricultural worker.

For the purpose of this ground a person is a “qualifying agricultural worker” in case A or B.

Case A is where—

(a) the person will be employed in agriculture as a seasonal or permanent employee under a contract of employment, and
(b) the employer under that contract is—
(a) the landlord, or
(b) in the case of joint landlords seeking possession, at least one of those landlords.

Case B is where—

(a) the person will be—
(i) employed in agriculture under a contract of employment, but the employer under that contract is not the landlord or, in the case of joint landlords, any of those landlords, or
(ii) working in agriculture under a contract that is not a contract of employment, whether the contract is express or implied and (if express) whether oral or in writing,
(b) the person will be employed or working in agriculture under that contract wholly or mainly for—
(i) the landlord, or
(ii) in the case of joint landlords seeking possession, at least one of the landlords, and
(c) the relevant landlord intends that employment or work to continue for at least six months after the relevant date;

and here “relevant landlord” means the landlord, or whichever of the joint landlords, the person will be wholly or mainly working for.

In this ground—

  • “agriculture” has the same meaning as in the Rent (Agriculture) Act 1976 (see section 1 of that Act);

  • “contract of employment” has the meaning given by section 230(2) of the Employment Rights Act 1996

Notes:

The notice period is 2 months.

This ground is conditional upon prior notice having been given before the tenancy started, that the landlord may wish to use this ground.

This ground is for where you will need to house someone who will work for you as an employed or self-employed agricultural worker.

Landlord Law does not cover agricultural tenancies so this is not discussed further.

Ground 5B

The landlord seeking possession—

(a) is a private registered provider of social housing,
(b) holds the dwelling-house for the purpose of accommodating persons who meet requirements connected with their employment, and
(c) requires the dwelling-house to let it under a new tenancy to a person who meets those requirements,

and the tenant in possession does not fulfil those requirements.

Notes:

The notice period is 2 months.

This ground is conditional upon prior notice having been given before the tenancy started, that the landlord may wish to use this ground.

This ground is for where the property would need to be let to a tenant based on their employment, for example, key workers. If your tenant does not meet the employment criteria, and you want to let it to a person who does, you will be able to use this ground to evict your tenant. 

This is outside the scope of Landlord Law so is not discussed further.

Ground 5C

The dwelling-house was let to the tenant in consequence of the tenant’s employment—

(a) by the landlord seeking possession,

(b) in the case of joint landlords seeking possession, by at least one of them,

(c) by a previous landlord under the tenancy, or

(d) pursuant to an agreement between any of those landlords and the employer,

and either—

(a) the tenant has ceased to be in that employment, or

(b) the tenancy was granted for the purpose of providing the tenant with accommodation during the early period of their employment, that purpose has been fulfilled and the landlord seeking possession intends to let the dwelling-house to another current or future employee of the employer.

In this ground, “the employer” means the tenant’s employer at the time the tenant entered the tenancy.

For the purposes of this ground, at a time when the landlord is or was the Secretary of State, employment by a health service body, as defined in section 60(7) of the National Health Service and Community Care Act 1990, or by a Local Health Board, shall be regarded as employment by the Secretary of State.

This ground also applies to the letting of a dwelling-house to a tenant in consequence of the tenant’s service in the office of constable, but with the following modifications.

“Employment” means service in the office of constable.

In the first paragraph of this ground, in paragraph (d), “the employer” means any of the following persons—

(a) the chief officer of a police force;

(b) a policing body;

(c) in relation to a constable’s service under the direction and control of a person who is not a constable (the “senior person”)—

(i) the senior person, or
(ii) a person or body with the function of maintaining or securing the maintenance of the body of which the senior person is a member.
The first paragraph of this ground has effect as if the following were substituted for the second paragraph (b)—

(b) the tenancy was granted for a particular purpose relating to the tenant’s service as a constable and—

(i) that purpose has been fulfilled, or
(ii) the tenancy is no longer required for that purpose.”
In those modifications—

(a) “service in the office of a constable” includes a constable’s service under the direction and control of a person who is not a constable;

(b) “chief officer of a police force” means—

(i) a chief officer of police (which has the same meaning as in the Police Act 1996 — see section 101(1) of that Act),
(ii) the chief constable of the Ministry of Defence Police,
(iii) the chief constable of the British Transport Police,
(iv) the chief constable of the Civil Nuclear Constabulary,
(v) the chief constable of the Police Service of Scotland, or
(vi) the chief constable of the Police Service of Northern Ireland;

(c) “policing body” means—

(i) a local policing body (which has the same meaning as in the Police Act 1996 — see section 101(1) of that Act),
(ii) the Secretary of State in relation to the Ministry of Defence Police,
(iii) the British Transport Police Authority,
(iv) the Civil Nuclear Police Authority,
(v) the Scottish Police Authority, or
(vi) the Northern Ireland Policing Board.

Notes:

The notice period is 2 months.

This ground is conditional upon prior notice having been given before the tenancy started, that the landlord may wish to use this ground.  See the FAQ here.

This ground was formerly the discretionary ground 16, but has been heavily amended and become a new mandatory ground.

If your tenant was employed by you and your property was rented out as part of their employment, you will be able to use this ground if your tenant is no longer your employee.

You will also be able to also use this ground if the tenancy was not meant to last the duration of your tenant’s employment and the property is needed for a new employee.

You will also be able to use this ground when the property is let to police constables who are not classed as employees.

We have a FAQ on this ground here.

Ground 5D

The landlord seeking possession is a private registered provider of social housing, the tenancy agreement includes a requirement connected with the tenant’s employment and the tenant no longer fulfils that requirement.

Notes:

The notice period is 2 months.

This ground is conditional upon prior notice having been given before the tenancy started, that the landlord may wish to use this ground.

This ground is for social landlords and as Landlord Law does not cover social housing lettings it is not considered further.

Ground 5E

The landlord seeking possession requires possession of the dwelling-house to let it as supported accommodation where—

(a) the landlord holds the dwelling-house for the purpose of making it available for occupation as supported accommodation, and

(b) the tenant did not enter the assured tenancy for the purpose of receiving care, support or supervision.

Notes:

The notice period is 4 weeks.

This ground is conditional upon prior notice having been given before the tenancy started, that the landlord may wish to use this ground.

If the property is usually used as supported accommodation and is to be rented out as supported accommodation again, you will be able to use this ground to evict your tenant. 

You will not be able to use this ground if your tenant needs the property for supported accommodation. 

Landlord Law does not cover supported accommodation so this ground is not considered further

Ground 5F

The dwelling-house was supported accommodation when the tenancy was granted and any of the following applies—

(a) the tenancy was granted for the purpose of providing the tenant with support services for a limited time in order to enable the tenant to be able to live in other accommodation in the future and the period for which those support services were to be provided has ended;

(b) a person other than the landlord provides or provided support services to the tenant, but—

(i) the support services have come to an end or the person is not fulfilling their obligations under the arrangements for the provision of those services, and
(ii) where the dwelling-house is not managed accommodation, the landlord has used reasonable endeavours to find another person to provide support services to the tenant but has not been able to do so;

(c) where the accommodation or support services were funded wholly or partly by someone other than the landlord or the tenant—

(i) that funding is no longer being provided,
(ii) where the dwelling-house is not managed accommodation, the landlord used reasonable endeavours to identify alternative funding before the relevant date but was not able to do so, and
(iii) it would not be reasonable for the landlord to continue to provide accommodation or for the person who provided support services to continue that provision in the circumstances;

(d) the financial viability of the landlord or of supported accommodation or support services the landlord provides to others would, in the landlord’s reasonable opinion, be threatened if the landlord were to continue to provide or fund a supported accommodation project of which the tenant’s dwelling-house forms part and the landlord used reasonable endeavours to identify alternative funding for the project before the relevant date but was not able to do so;

(e) the tenant does not need the level of support services that are provided;

(f) the tenant does not need any support services;

(g) the support services that are provided do not meet the tenant’s needs;

(h) the dwelling-house has physical features intended to enable persons with needs for particular support services to live more independently than they could do so without those features and those physical features are not needed by the tenant;

(i) the dwelling-house is physically unsuitable for a person with the tenant’s needs for support services to live in.
In paragraph (d), “supported accommodation project” means—

(a) supported accommodation consisting of two or more dwelling-houses in the same building as, or otherwise nearby, each other,

(b) supported accommodation consisting of two or more dwelling-houses occupied by tenants who receive support services of a similar kind, or

(c) support services of a similar kind provided to tenants of two or more dwelling-houses that are supported accommodation.
In this ground, references to the “landlord” are to the landlord who is seeking possession.

Notes:

The notice period is 4 weeks.

This ground is conditional upon prior notice having been given before the tenancy started, that the landlord may wish to use this ground.

You will be able to use this ground if you rented out your property as supported accommodation.

You will be able to use this ground if the support has stopped or funding for the support has ended. You will also be able to use this ground if the supported accommodation is no longer suitable for your tenant because their support needs have changed. 

Landlord Law does not cover supported accommodation so this ground is not considered further

Ground 5G

The tenant’s occupation of the dwelling-house was (at any time during the period of occupation) in pursuance of a local housing authority’s duty to the tenant under section 193 of the Housing Act 1996 and—

(a) the local housing authority has notified the landlord that the tenancy is not required for the purposes of that duty, and

(b) the relevant date is no more than 12 months after the date on which the local housing authority notified the landlord as mentioned in paragraph (a).

In this ground “local housing authority” means a district council, a county council in England for an area for which there is no district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly.

Notes:

The notice period is 4 weeks.

This ground is conditional upon prior notice having been given before the tenancy started, that the landlord may wish to use this ground.

You will be able to use this ground if you rented out your property as supported accommodation.

You will be able to use this ground if the support has stopped or funding for the support has ended. You will also be able to use this ground if the supported accommodation is no longer suitable for your tenant because their support needs have changed. 

Landlord Law does not cover supported accommodation so this ground is not considered further

Ground 5H

The landlord seeking possession is a registered provider of social housing or a charity and—

(a) the tenancy was granted because the tenant met one or more eligibility conditions,

(b) a written tenancy agreement set out the eligibility condition (the “specified condition”) or the eligibility conditions (the “specified conditions”) that the tenant met,

(c) either—

(i) the tenant no longer meets the specified condition or specified conditions, or
(ii) the tenancy was granted in order to provide accommodation for a limited period to help the tenant transition to living independently and that period has come to an end,

(d) the rent is no higher than 80% of market rent (and here “rent” and “market rent” include any amount payable by way of service charge), and

(e) the tenancy was not granted—

(i) pursuant to a nomination as mentioned in section 159(2)(c) of the Housing Act 1996,
(ii) as a tenancy of supported accommodation, or
(iii) in pursuance of a local housing authority’s duty under section 193 of the Housing Act 1996.

Each of the following is an “eligibility condition” for the purposes of this ground—

(a) the tenant is in work, or work of a description specified in the condition, for which the tenant is paid;

(b) the tenant is actively seeking work, or work of a description specified in the condition, for which the tenant would be paid;

(c) the tenant is—

(i) of a particular age, or
(ii) within a particular range of ages,
specified in the condition.

For the purposes of paragraph (a) or (b) of the definition of “eligibility condition”, a description of work may (in particular) be expressed by reference to—

(a) work for a particular employer or description of employer or work at a particular place of work or description of place of work;

(b) the amount which the tenant is paid for the work;

(c) the duration or expected duration of the contract or other arrangement under which the work is done.

In this ground a reference—

(a) to work includes self-employment;

(b) to seeking work includes seeking to become self-employed.

The question of whether the tenant no longer meets the specified condition or specified conditions is to be determined for the purposes of this ground in accordance with the terms of the tenancy agreement.

But if—

(a) the terms of the tenancy agreement do not make any provision about that question,

(b) there are two or more specified conditions, and

(c) the tenant no longer meets one or more of those conditions,
the tenant no longer meets the specified conditions for the purposes of this ground.

The Secretary of State may by regulations (“eligibility condition regulations”) make provision (including provision amending this ground)—

(a) to add, vary or remove any eligibility condition;

(b) about the meaning of any eligibility condition.
Eligibility condition regulations may make different provision for different purposes.

A statutory instrument containing eligibility condition regulations may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

Notes:

The notice period is 2 months.

This ground is conditional upon prior notice having been given before the tenancy started, that the landlord may wish to use this ground.

The tenant will need to have met the eligibility criteria and paid a lower rent. Your tenant will need to be:

  • a particular age or within a particular age range
  • in work or actively looking for work.
  • The property may have been provided for a period of time to help your tenant to rent privately or transition to independent living.

The tenancy agreement will need to tell your tenant whether they need to meet one or both of the eligibility criteria.

You will be able to use this ground if your tenant no longer meets the criteria, or if the property was let to them for a period of time, which has now ended.

Landlord Law does not cover stepping stone accommodation so this ground is not considered further

Ground 6

[This is a long ground and contains a table which is difficult to copy over.  We will provide a link to the text once the Housing Act 1988 amendments have been published on the legislation website.]

Notes:

The notice period is 4 months.

This ground has been completely amended by the Renters Rights Act 2025.  

You will now be able to use this ground if you need to redevelop or demolish the property, and your tenant cannot live there whilst it is being demolished or redeveloped. Usually, you can’t evict someone on this basis in the first six months of the tenancy, but the exact requirements can vary.

This is a very complex ground, and landlords should not attempt to use it without first obtaining legal advice.

Ground 6A

These conditions are met—

(a) the landlord seeking possession (the “current landlord”) is a relevant social landlord;

(b) the dwelling-house (the “current home”) was made available for occupation by the tenant, or a predecessor in title of the tenant, to enable redevelopment of another dwelling-house (the “previous home”) which—

(i) was the only or principal home of the tenant or predecessor in title, and
(ii) was occupied by the tenant or predecessor in title under a tenancy (the “previous tenancy”) of which the landlord was—

(A) a relevant social landlord, or
(B) a registered provider of social housing other than a private registered provider of social housing;

(c) alternative accommodation that—

(i) consists of the previous home and is affordable, or
(ii) consists of other premises and is affordable, in an appropriate location and not overcrowded,
is available for the tenant or will be available for the tenant when the order for possession takes effect;
(d) that alternative accommodation is to be let as a separate dwelling with adequate security of tenure.

For the purpose of this ground, accommodation—

(a) is let “with adequate security of tenure” if it is let—

(i) on an assured tenancy, or
(ii) on terms which will, in the opinion of the court, afford to the tenant security of tenure reasonably equivalent to the security afforded by an assured tenancy;

(b) is “affordable” if it—

(i) is no more expensive than the previous home, making these assumptions—

(A) that the redevelopment of the previous home has not taken place, and
(B) that the tenant, or predecessor in title, has continued to be the tenant of the previous home under the previous tenancy, or
(ii) is reasonably suitable to the means of the tenant;

(c) is “in an appropriate location” if it is—

(i) reasonably close to the previous home, or
(ii) reasonably suitable to the needs of the tenant and the tenant’s family as regards proximity to place of work;

(d) is “overcrowded” if the result of the occupation of the accommodation by the tenant and the tenant’s family would be that it would be an overcrowded dwelling for the purposes of Part 10 of the Housing Act 1985.

In this Ground—

“redevelopment”, in relation to the dwelling-house that is the previous home, means—

(a) demolishing or reconstructing the whole or a substantial part of the dwelling-house, or

(b) carrying out substantial works on the dwelling-house or any part of it, or any building of which it forms part;
“relevant social landlord” has the same meaning as in Ground 6.”

Notes:

The notice period is 4 months.

This ground is conditional upon prior notice having been given before the tenancy started, that the landlord may wish to use this ground.

This ground is for social housing.  Landlord Law does not cover social housing so it is not discussed further.

Ground 6B

Any of the following applies—

(a) letting the dwelling-house causes the landlord to breach a banning order under section 16 of the Housing and Planning Act 2016, or would do so if the landlord were to continue to let the dwelling-house;

(b) an improvement notice under section 11 or 12 of the Housing Act 2004—

(i) specifies the dwelling-house or premises in which the dwelling-house is contained as requiring remedial action, and
(ii) specifies overcrowding as the deficiency giving rise to the hazard in respect of which that remedial action is to be taken;

(c) a prohibition order under section 20 or 21 of the Housing Act 2004 prohibits use of—

(i) the dwelling-house,
(ii) the common parts, or
(iii) any part of the dwelling-house or of the common parts,
either for all purposes or for any purpose that is incompatible with continued occupation by the tenant;

(d) the dwelling-house is or is in an HMO which is required to be licensed under section 61 of the Housing Act 2004, and—

(i) the landlord applied for a licence under section 63 of the Housing Act 2004 and the local housing authority refused to grant a licence, or
(ii) the landlord held a licence but the licence has been revoked;

(e) the dwelling-house is or is in a house which is required to be licensed under section 85 of the Housing Act 2004, and—

(i) the landlord applied for a licence under section 87 of the Housing Act 2004 and the local housing authority refused to grant a licence, or
(ii) the landlord held a licence but the licence has been revoked;

(f) the dwelling-house is or is in an HMO which is licensed under Part 2 of the Housing Act 2004 or a house which is licensed under Part 3 of that Act and that HMO or house is occupied by more than the maximum number of households or persons specified in the licence;

(g) compliance with a planning enforcement notice or injunction would be, or is, incompatible with continued occupation of the dwelling-house by the tenant.

In this ground—

“common parts” has the same meaning as in Ground 13;
“house” has the same meaning as in Part 3 of the Housing Act 2004 (see section 99 of that Act);
references to the “landlord” are to the landlord who is seeking possession or, in the case of joint landlords seeking possession, to at least one of them;
“planning enforcement notice or injunction” means—

(a) an enforcement notice issued under section 172 or 182 of the TCPA 1990 that has taken effect,
(b) a breach of condition notice served under section 187A of the TCPA 1990,
(c) an injunction granted under section 187B of the TCPA 1990,
(d) a listed building enforcement notice issued under section 38, 45 or 46 of the P(LBCA)A 1990 that has taken effect, or
(e) an injunction granted under section 44A of the P(LBCA)A 1990;
“P(LBCA)A 1990” means the Planning (Listed Building and Conservation Areas) Act 1990;
“TCPA 1990” means the Town and Country Planning Act 1990;
“the local housing authority” has the meaning given in section 261 of the Housing Act 2004.”

Notes:

The notice period is 4 months.

This ground is to allow landlords who have been prohibited from renting property because they have been breaking the law, to recover possession so they are not forced to break the law further.  For example

  • Where a banning order has been made
  • Because of an improvement which is issued in respect of remedial work or overcrowding
  • Where a prohibition order has been made
  • Where an HMO or selective license has  been refused
  • Where a planning or enforcement notice or injunction means the property cannot be occupied

Note that landlords may be ordered to pay compensation to the tenants.

Ground 7

The tenancy has devolved on a person (the “new tenant”) under the will or intestacy of the former tenant and the proceedings for the recovery of possession are begun not later than twelve months after the death of the former tenant or, if the court so directs, after the date on which, in the opinion of the court, the landlord or, in the case of joint landlords, any one of them became aware of the former tenant’s death.

But, if the new tenant is occupying the dwelling-house as the new tenant’s only or principal home immediately before the death of the former tenant, an order for possession on this Ground may not be made unless—

(a) the tenancy has previously devolved on the former tenant under a will or intestacy (whenever that devolution occurred), or
(b) the tenancy is a special tenancy immediately before the death of the former tenant.

In this Ground “special tenancy” means—

(a) a tenancy of social housing (within the meaning given by Part 2 of the Housing and Regeneration Act 2008) where the landlord is a private registered provider of social housing;
(b) a tenancy entered into pursuant to a rent-to-buy agreement (which has the same meaning as in Ground 1B) where the landlord is a private registered provider of social housing;
(c) a tenancy of supported accommodation, within the meaning given by paragraph 12 of Schedule 2;
(d) a tenancy where the former tenant’s occupation of the dwelling-house is in pursuance of a local housing authority’s duty to the tenant under section 193 of the Housing Act 1996 (and here “local housing authority” has the same meaning as in Ground 5G);
(e) a tenancy which meets the conditions in paragraphs (a), (b), (d) and (e) in the first paragraph of Ground 5H.

For the purposes of this ground, the acceptance by the landlord of rent from a new tenant after the death of the former tenant shall not be regarded as creating a new periodic tenancy, unless the landlord agrees in writing to a change (as compared with the tenancy before the death) in the amount of the rent, the period of the tenancy, the premises which are let or any other term of the tenancy.

Notes:

The notice period is 2 months.

This should not be confused with ‘Succession’, which is what happens when one tenant dies and a periodic tenancy automatically transfers to the surviving husband, wife or civil partner (or in some cases, family member).

This is about one tenant inheriting the tenancy under a will or (if the tenant did not leave a will) under the intestacy rules.

The Renters Rights Act 2025 has amended this ground so that if the person inheriting the tenancy is living there immediately before the tenant’s death, this ground cannot be used. Unless the tenant who died had themself inherited the tenancy under the original tenants will or intestacy (meaning the tenancy can only pass in this way once).

Otherwise, as this is a mandatory ground for possession, the beneficiary of a will won’t be able to defend against a possession application under this ground – but the landlord must apply quite promptly.

The ground says “Proceedings for the recovery of possession are begun not later than twelve months after the death of the former tenant”

Which means court proceedings, not merely service of a section 8 notice. So, if court papers haven’t been issued within 12 months of the death then a landlord could lose. As it is a two-month notice period, this means that the notice must be served well before the end of month 10.

Helpfully, the ground does state clearly that acceptance of rent from the beneficiary occupant whilst possession proceedings are being brought will not create a tenancy between the landlord and the beneficiary.

As Landlord Law does not cover social housing, we will not discuss sections (b) to (e).

We are not reproducing the text of the ground here as it is very long and is unlikely to be available to many, if any, private landlords.  You can read it online here.

Notes:

You will not need to give notice and can apply immediatly to court.

Ground 7a came in via the Anti-Social Behaviour, Crime and Policing Act 2014.

It is not an easy ground and anyone contemplating using this ground should take legal advice first – although there is some further explanation on this blog post.

The government guidance article states:

“If your tenant or a person living with them or visiting them is convicted of criminal behaviour or breached an order to prevent antisocial behaviour you will be able to evict them using this ground. You will also be able to use this ground if the council or police have applied for a ‘closure order’ which means your tenant has not been able to access the premises for more than 48 hours. 

You will not need to give a notice period as you will be able to apply immediately to the court to start the process to evict your tenant. However, the court will not be able to make a possession order for 14 days from the date you gave notice.” 

Our advice is that landlords should not use this ground without first obtaining legal advice.

Ground 7B

Both of the following conditions are met in relation to a dwelling-house in England.

Condition 1 is that the Secretary of State has given a notice in writing to the landlord or, in the case of joint landlords, one or more of them which identifies—

(a) the tenant or, in the case of joint tenants, one or more of them, or

(b) one or more other persons aged 18 or over who are occupying the dwelling-house,

as a person or persons disqualified as a result of their immigration status from occupying the dwelling-house under the tenancy.

Condition 2 is that the person or persons named in the notice—

(a) fall within paragraph (a) or (b) of condition 1, and

(b) are disqualified as a result of their immigration status from occupying the dwelling-house under the tenancy.

For the purposes of this ground a person (“P”) is disqualified as a result of their immigration status from occupying the dwelling-house under the tenancy if—

(a) P is not a relevant national, and

(b) P does not have a right to rent in relation to the dwelling-house.

P does not have a right to rent in relation to the dwelling-house if—

(a) P requires leave to enter or remain in the United Kingdom but does not have it, or

(b) P’s leave to enter or remain in the United Kingdom is subject to a condition preventing P from occupying the dwelling-house.

But P is to be treated as having a right to rent in relation to a dwelling-house if the Secretary of State has granted P permission for the purposes of this ground to occupy a dwelling-house under an assured tenancy.

In this ground “relevant national” means—

(a) a British citizen,

(b) a national of an EEA State other than the United Kingdom, or

(c) a national of Switzerland.

Notes:

Notice period is 2 weeks.

This ground was introduced by the Immigration Act 2016.  It can be used to evict tenants after you have been notified by the Home Office that they do not have any right to rent.

If only some of the tenants do not have a right to rent, the Judge may transfer the tenancy into the names of the tenants who do have a right to rent.

The Landlord Law eviction guide does not include instructions for eviction based on this ground.

Ground 8

Both at the date of the service of the notice under section 8 of this Act relating to the proceedings for possession and at the date of the hearing—

(a) if rent is payable weekly or fortnightly, at least thirteen weeks’ rent is unpaid;

(b) if rent is payable monthly, at least three months’ rent is unpaid;

and for the purpose of this ground “rent” means rent lawfully due from the tenant.

When calculating how much rent is unpaid for the purpose of this ground, if the tenant is entitled to receive an amount for housing as part of an award of universal credit under Part 1 of the Welfare Reform Act 2012, any amount that was unpaid only because the tenant had not yet received the payment of that award is to be ignored.

Notes:

Notice required is 4 weeks.

This is probably the most popular ground for possession.

This ground has been amended by the Renters Rights Act 2025 to restore the arrears required to three months/13 weeks, reversing the amendment to two months/8 weeks in the Landlord and Tenant Act 1996.

Note that the rent must be ‘rent lawfully due from the tenant’.  So if the tenant has a valid set-off, this may undermine your claim – or even take it away altogether.

Note that your tenant cannot be evicted under this ground if they pay off what they owe or owe less than the amounts above by the time you get to court.

Another Renters Rights Act amendment applies where the tenant is entitled to receive a housing amount as part of Universal Credit, but has not yet received the payment. Any rent which is unpaid only because that payment has not yet been received must be ignored when calculating the arrears for Ground 8.

You will find further details on the possession notices page (where we give guidance on completing the form for this ground) and guidance on how to base a claim on this ground in our Eviction Guide.

We also have some guidance in the Rent Arrears Action Plan.

Discretionary Grounds

These grounds are not recommended, as the Judge has a discretion whether or not he makes the order for possession – even if the ground is made out.

Using these grounds can lead to a long and expensive court claim where you have no certainty that you will recover possession as Judges prefer to ‘give tenants a second chance’.  

Suitable alternative accommodation is available for the tenant or will be available for him when the order for possession takes effect

Notes:

Notice period is 2 months.

There is guidance in Part III of the Schedule which applies to this ground which you can see here.

The thrust of this ground is that a landlord is seeking possession because they have another property that they can offer the tenant to move into that matches the original tenancy on several fronts.  Here are some which are mentioned in  Part III:

The tenancy type

If the tenant is on an Assured Tenancy then they can’t be moved to a property under an AST. A landlord can increase the level of security but not reduce it.

Situation and size

The new property must be of suitable closeness to the tenant’s workplace.  This element would also apply to other members of the tenant’s family living with them. Interestingly some writers suggest that in certain cases it is possible that a lodger could be deemed a family member for the purposes of the suitable alternative accommodation ground.

A property would be unlikely to be considered suitable if the tenant lived 1 mile from work and the offered property is 10 miles away.

So far as size is concerned, it needs to be of a size which a Local Authority would have to provide if they were re-housing.  For an example of how this would work see this real-life story.

There are several cases where tenants have defended on the basis that the property the landlord provided was unsuitable for other reasons (some of which are listed below) – so if you intend to use this ground you should always take legal advice first from specialist housing solicitors.

Some of the case law:

Some rent lawfully due from the tenant—
(a) is unpaid on the date on which the proceedings for possession are begun; and
(b) except where subsection (1)(b) of section 8 of this Act applies, was in arrears at the date of the service of the notice under that section relating to those proceedings.

Notes:

Notice period is 4 weeks.

This ground is regularly cited on section 8 notices for rent arrears grounds.  However if grounds 10 and 11 (as they are usually used together), are your sole grounds (i.e., you can’t use ground 8) the Judge is unlikely to do more than make a suspended possession order.

So, unless you are happy to let the tenant remain in the property if they pay the arrears by instalments, you will not want to make it your sole ground.

However, some portfolio landlords are happy for tenants to remain so long as they pay the rent, in which case issuing proceedings quicker (as you don’t need to wait until the arrears are 3 months) may be worth it.

You will find further details on the possession notices page (where we give guidance on completing the form for this ground) and guidance on how to base a claim on this ground in our Eviction Guide.

Whether or not any rent is in arrears on the date on which proceedings for possession are begun, the tenant has persistently delayed paying rent which has become lawfully due.

Notes:

Notice period is 4 weeks.

Again, although this ground is generally cited when seeking possession for rent arrears it is rarely used on its own.  See the notes for Ground 10.

An example of when it was used can be seen in this real-life story.

Any obligation of the tenancy (other than one related to the payment of rent) has been broken or not performed

Notes:

Notice period is 2 weeks.

This is a ‘catch all’ ground which a landlord can use where the tenant has broken the terms of their tenancy agreement.

However note that some clauses, if they are ‘unfair’ under the unfair terms rules will be invalid and so a breach of them cannot be a ground for possession.

Even if a clause is valid and you are able to prove breach – a Judge is not going to order possession, a very serious penalty, for something relatively minor such as, for example, using blue tac on the walls or not cleaning the windows regularly.

A Judge is far more likely to be annoyed at the landlord for bothering him with such a case and may even penalise the landlord in costs if they think the case was particularly unmeritorious – even if the tenant was technically in breach.  Costs are after all always in the discretion of the Judge.

Even if a Judge does make a possession order, unless the breach is extremely serious (removing a wall maybe, or using the property for criminal purposes) the order is almost certainly going to be suspended so long as the tenant refrains from doing what-ever-it-is again.

Curo Houses Ltd v. Walker [2018]

This is a County Court case and appeal to the Judge based on grounds 12 and 14 where the claimant Curo Houses Ltd, a housing association, lost their case, both at first instance and on appeal against Ms Walker despite evidence of serious noise nuisance and a criminal conviction for harassment.

See more here.

Notwithstanding this, it is possible to get an order for possession on ground 12, but the reason must be serious and you must have good evidence.  For example:

  • If the tenant is subletting the property and thereby making the landlord liable for criminal prosecution for failure to obtain an HMO licence (the Judge will almost always find for the landlord in these circumstances)
  • If the tenant is subletting a room on Airbnb for holiday accommodation which is in breach of the terms of the landlord’s lease (provided the tenant was notified of this at the start of the tenancy)
  • If the tenant is keeping a pet in breach of the terms of the tenancy agreement AND if the pet is causing serious damage or there is some other problem (for example if the landlords’ lease prohibits pets, or if perhaps the pet is a cat and other tenants in the building are allergic to cats) – but probably not if the pet is small and harmless and there is no other issue.

For all of these situations we recommend using solicitors.  Our recommended firms are here.

You may also be able to obtain possession if the tenant is refusing to allow access for gas safety inspections, and maybe also the electricity inspections.  However it is normal for landlords to apply for an injunction in this situation.

This is discussed in the Property Access Kit:

Part 3 covers applying for an injunction
Part 4 covers applying for possession (but this is best used if the injunction has not worked)

The condition of the dwelling-house or any of the common parts has deteriorated owing to acts of waste by, or the neglect or default of, the tenant or any other person residing in the dwelling-house and, in the case of an act of waste by, or the neglect or default of, a person lodging with the tenant or a sub-tenant of his, the tenant has not taken such steps as he ought reasonably to have taken for the removal of the lodger or sub-tenant.

For the purposes of this ground, “common parts” means any part of a building comprising the dwelling-house and any other premises which the tenant is entitled under the terms of the tenancy to use in common with the occupiers of other dwelling-houses in which the landlord has an estate or interest.

Notes:

Notice period is 2 weeks.

This is another discretionary gound which is best avoided.  Although it is interesting that the tenant is specifically held liable for damage or neglect from a lodger or sub tenant.

If you have such a situation you can tell your tenant that in most cases they will be able to evict an unsatisfactory lodger (provided they share living accommodation) without the need for court proceedings, as discussed here.

The tenant or a person residing in or visiting the dwelling-house—
(a) has been guilty of conduct causing or likely to cause a nuisance or annoyance to a person residing, visiting or otherwise engaging in a lawful activity in the locality, or
(b) has been convicted of—
(i) using the dwelling-house or allowing it to be used for immoral or illegal purposes, or
(ii) an indictable offence committed in, or in the locality of, the dwelling-house.

Notes:

You can apply to the court straight away.

The government guidance says:

“You will be able to use this ground if your tenant, a person that lives with them or a person who visits them commits antisocial behaviour. This will also apply when your tenant or a person living or visiting them has committed a serious offence near the property. The behaviour will not need to have been in the property, it could have happened nearby.  “

However this is probably overoptimistic.  Judges in the past have been notoriously reluctant to make possession orders based on this ground.  See this blog post. 

Even if you think you have a good case, the Judge will almost certainly make a suspended order. 

However as, from 1 May 2026, section 21 is no longer available there will be government pressure for this type of case to be dealt with differently.  Best to take legal advice from a firm which specialises in this work and they will be able to give up to date advice.

Curo Houses Ltd v. Walker [2018]

This is a County Court case and appeal to the Judge based on grounds 12 and 14 where the claimant Curo Houses Ltd, a housing association, lost their case, both at first instance and on appeal against Ms Walker despite evidence of serious noise nuisance and a criminal conviction for harassment.

See more here.

The dwelling-house was occupied (whether alone or with others) by a married couple, a couple who are civil partners of each other, a couple living together as husband and wife or a couple living together as if they were civil partners and—
(a) one or both of the partners is a tenant of the dwelling-house,
(b) the landlord who is seeking possession is a registered social landlord or a charitable housing trust,
(c) one partner has left the dwelling-house because of violence or threats of violence by the other towards—
(i) that partner, or
(ii) a member of the family of that partner who was residing with that partner immediately before the partner left, and
(d) the court is satisfied that the partner who has left is unlikely to return.

Notes:

Notice period is 2 weeks.

You will need to be in a position to prove the ground by evidence such as witness statements, police reports and the like.  Our advice is that possession on this ground should not be attempted without the help of experienced landlord and tenant solicitors.

Ground 14ZA

The tenant or an adult residing in the dwelling-house has been convicted of an indictable offence which took place during, and at the scene of, a riot in the United Kingdom.

In this Ground—

“adult” means a person aged 18 or over;
“indictable offence” does not include an offence that is triable only summarily by virtue of section 22 of the Magistrates’ Courts Act 1980 (either way offences where value involved is small);
“riot” is to be construed in accordance with section 1 of the Public Order Act 1986.

This Ground applies only in relation to dwelling-houses in England..

Notes:

Notice period is 2 weeks.

This ground was introduced  by the Anti-Social Behaviour, Crime and Policing Act 2014 in response to rioting at that time.

It is pretty specific and you will need police reports and good evidence.  It should not be attempted without using experienced solicitors.

The condition of any furniture provided for use under the tenancy has, in the opinion of the court, deteriorated owing to ill-treatment by the tenant or any other person residing in the dwelling-house and, in the case of ill-treatment by a person lodging with the tenant or by a sub-tenant of his, the tenant has not taken such steps as he ought reasonably to have taken for the removal of the lodger or sub-tenant.

Notes:

Notice period is 2 weeks.

You should not use this ground for possession on its own.  A Judge is not going to make someone homeless because the springs in the sofa are worn down (for example).

It may be usefully used in conjunction with other discretionary grounds but unless you have no alternative, discretionary grounds like this should be avoided.

As provided by the Renters Rights Act 2025, this ground has been moved to become ground 5C, a mandatory ground.  

The tenant is the person, or one of the persons, to whom the tenancy was granted and the landlord was induced to grant the tenancy by a false statement made knowingly or recklessly by—
(a) the tenant, or
(b) a person acting at the tenant’s instigation

Notes:

Notice period is 2 weeks.

Interestingly, the wording indicates that it must be an action rather than a failure to act.  So, presumably, a failure to disclose 10 CCJs will not satisfy the ground.  Whereas a statement saying there are no CCJs would.

The landlord will also have to be able to prove that the misrepresentation induced them to grant the tenancy.

Better though to  double check ALL statements made by prospective tenants until you are certain that they are true.  And use a reference company that will check for fraud, before accepting anyone as a tenant.

Ground 18

The tenancy is of supported accommodation and the tenant has unreasonably refused to co-operate with the person providing support services with regard to those services.

Notes:

The notice period is 4 weeks.

This ground is conditional upon prior notice having been given before the tenancy started, that the landlord may wish to use this ground.

This is a new ground added by the Renters Rights Act 2025.  If your tenant is in supported accommodation and does not engage with the support, you will be able to try and evict them. 

Landlord Law does not cover supported accommodation so this is not considered further.

Interpretation Section

This is a new Part 5 of Schedule 2 of the Housing Act 1988.

Probably the most relevant points for landlords are:

  • HMO has the same meaning as in Part 2 of the Housing Act 2004
  • The relevant date in grounds Grounds 2ZA, 2ZB and 5F, means the date of service of the notice under section 8, Otherwise, it means the date specified in the section 8 notice.

Eviction Guide

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