This table shows the grounds for possession that a landlord can use to evict a tenant as set out in Schedule 2 of the Housing Act 1988 and amended by this Act.
Ground
Summary
Notice Period
Mandatory Grounds
1
Occupation by landlord or family
The landlord or their close family member wishes to move into the property. Cannot be used for the first 12 months of a new tenancy.
4 months
1A
Sale of dwelling-house
The landlord intends to sell the property. Cannot be used for the first 12 months of a new tenancy.
4 months
1B
Sale of dwelling-house under rent-to-buy
The landlord is a private registered provider of social housing, the tenancy is under a rent-to-buy agreement and the landlord intends to sell a freehold or leasehold interest or grant a lease of over 21 years or an assured tenancy to someone else.
4 months
2
Sale by mortgagee
The property is subject to a mortgage and the lender intends to exercise a power of sale requiring vacant possession.
4 months
2ZA
Possession when superior lease ends
The landlord’s lease is under a superior lease or tenancy that is ending. Can only be used by private registered providers of social housing, agricultural landlords, a person who held the dwelling for the purposes of making it supported accommodation or a company majority owned by a local authority.
4 months
2ZB
Possession when superior lease ends
The landlord’s lease is under a superior lease or tenancy that is coming to an end or has ended. Can only be used if the superior lease was for a fixed term of over 21 years.
4 months
2ZC
Possession by superior landlord
After an intermediate lease or tenancy ends, the superior landlord becomes the tenant’s direct landlord and seeks to take possession. Can only be used where the intermediate landlord prior to reversion was a private registered provider of social housing, agricultural landlord, a person who held the dwelling for the purposes of making it supported accommodation or a company majority owned by a local authority.
4 months
2ZD
Possession by superior landlord
After an intermediate lease or tenancy ends, the landlord becomes the tenant’s direct landlord and seeks to take possession. Can only be used where the superior lease was for a fixed period of over 21 years and has expired, or within a 12 month period of the fixed term expiry date, if the fixed term has been ended early. Or if the superior tenancy comes to an end after the expiry of the fixed term as a result of a valid notice.
4 months
4
Student accommodation
In the 12 months prior to the start of the tenancy, the property was let to students. Can only be used by specified educational establishments.
2 weeks
4A
Properties rented to students for occupation by new students
A HMO is let to full-time students and is required for a new group of students in line with the academic year. Cannot be used if the tenancy was agreed more than six months in advance of the tenancy starting (i.e. the tenant moving in). Cannot be used if tenants not given "prior notice" of landlord’s intent to potentially rely upon the ground before the tenancy began.
4 months
5
Ministers of religion
The property is held for use by a minister of religion to perform the duties of their office and is required for occupation by a minister of religion.
2 months
5A
Occupation by agricultural worker
The landlord requires possession to house an agricultural worker, either as an employee or self-employed worker for the landlord.
2 months
5B
Occupation by person who meets employment requirements
A private registered provider of social housing holds the property for use by tenants meeting requirements connected with their employment and it is required for that purpose (and the current tenant does not fulfil those requirements).
2 months
5C
End of employment by the landlord
Previously ground 16 (expanded). The dwelling was let as a result of the tenant’s employment by the landlord and the employment has come to an end or the tenancy was not meant to last the duration of the employment and the dwelling is required for a new employee. Alternatively, the dwelling was let as a consequence of the tenant’s service in the office of constable for a purpose related to that service and that purpose has been fulfilled or the tenancy is no longer needed for that purpose.
2 months
5D
End of employment requirements
A private registered provider of social housing, included an employment requirement in the tenancy agreement that the tenant no longer fulfils (e.g., key worker).
2 months
5E
Occupation as supported accommodation
The property is held for use as supported accommodation and is now required for that purpose and the current tenant did not enter the tenancy for the purpose of receiving care, support or supervision.
4 weeks
5F
Dwelling-house occupied as supported accommodation
The tenancy was let as supported accommodation and one of the circumstances set out in the ground is satisfied, making the accommodation no longer needed, viable or suitable for that purpose or for the tenant.
4 weeks
5G
Tenancy granted for homelessness duty
The property has been used as temporary accommodation for a homeless household, under s193 of the Housing Act 1996, and a local housing authority has notified the landlord that the tenancy is no longer required for that purpose. The landlord can only use this ground if within 12 months of the date of the notice from the local housing authority.
4 weeks
5H
Occupation as ‘stepping stone accommodation"
A registered provider of social housing or a charity lets to a tenant meeting eligibility criteria (e.g., under a certain age, in work or actively seeking work) at "affordable rent", to help them access the private rented sector and/or transition to living independently, and the tenant no longer meets the eligibility criteria, or a limited period has come to an end.
2 months
6
Redevelopment
The landlord wishes to demolish or substantially redevelop the property which cannot be done with the tenant in situ. Various time limits and/or notice requirements exist for this ground depending on the circumstances. The landlord and tenancy must be of a kind listed in the table in the Ground.
A relevant social landlord who intends to carry out redevelopment work and seeks possession on Ground 6 either through case A or B will need to provide alternative accommodation that meets specific conditions set out in case A or B and is either available or will be available when an order for possession takes effect.
4 months
6A
Decant Accommodation
The tenant has been provided with alternative accommodation by a relevant social landlord while redevelopment affecting the tenant’s original home is carried out.
4 months
6B
Compliance with enforcement action
The landlord is subject to enforcement action and needs to regain possession to become compliant. Under this ground, the court will be allowed to require the landlord to pay compensation to the tenant when ordering possession.
4 months
7
Death of tenant
The tenancy was passed on by will or intestacy, and proceedings began within the requisite period of 12 months. The ground can only be used if the new tenant wasn’t living in the property immediately before the previous tenant died, the previous tenant also inherited the tenancy or it is a ‘special tenancy", e.g. a social housing tenancy, supported accommodation, accommodation provided due to homelessness duties.
2 months
7A
Severe ASB/Criminal Behaviour
The tenant has been convicted of a type of offence listed in the ground, has breached a relevant injunction put in place to prevent anti-social behaviour or there is a closure order in place prohibiting access for a continuous period of more than 48 hours.
Landlords can begin proceedings immediately
7B
No right to rent
At least one of the tenants has no right to rent under immigration law as a result of their immigration status and the Secretary of State has given notice to the landlord of this.
2 weeks
8
Rent arrears
The tenant has at least 3 months’ (or 13 weeks’ if rent is paid weekly or fortnightly) rent arrears both at the time notice is served and at the time of the possession hearing.
4 weeks
Discretionary Grounds
9
Suitable alternative accommodation
Suitable alternative accommodation is available for the tenant or will be when the possession order takes effect
2 months
10
Any rent arrears
The tenant is in any amount of arrears.
4 weeks
11
Persistent arrears
The tenant has persistently delayed paying their rent.
4 weeks
12
Breach of tenancy
The tenant is guilty of breaching one of the terms of their tenancy agreement (other than the paying of rent).
2 weeks
13
Deterioration of property
The tenant or a person living with them has caused the condition of the property to deteriorate.
2 weeks
14
Anti-social behaviour
The tenant or anyone living in or visiting the property has been guilty of behaviour causing, or likely to cause, nuisance or annoyance to the landlord, a person employed in connection with housing management functions, or anyone living in, visiting or in the locality of the property. Or the tenant or a person living or visiting the property has been convicted of using the premises for illegal/immoral purposes, or has been convicted of an indictable offence in the locality.
Landlords can begin proceedings immediately
14A
Domestic Abuse
A social landlord wishes to evict the perpetrator of domestic violence if the partner has fled and is unlikely to return.
2 weeks
14ZA
Rioting
The tenant or another adult living at the property has been convicted of an indictable offence which took place at a riot in the UK.
2 weeks
15
Deterioration of furniture
The tenant or a person living with them has caused the condition of the furniture to deteriorate.
2 weeks
17
False statement
The tenancy was granted due to a false statement made knowingly or recklessly by the tenant or someone acting at their instigation.
2 weeks
18
Supported accommodation
The tenancy is for supported accommodation and the tenant is unreasonably refusing to engage with the support.
4 weeks
Annex C – Grounds for possession