What are grounds for possession?
Grounds for possession are the legal reasons a landlord can use to seek possession of a rental property. Some grounds are mandatory, which means the court must make a possession order if the landlord proves the ground. Others are discretionary, which means the court decides whether eviction is reasonable in the circumstances.
In practice, this means landlords need to choose the right ground carefully and make sure they have the evidence to support it.
Can landlords still regain possession?
Yes. The Renters’ Rights Act does not remove a landlord’s ability to regain possession. What it changes is the legal basis for doing so. Landlords can no longer rely on a no-fault Section 21 route and instead must use a valid possession ground set out in law.
Key grounds landlords are most likely to use
Selling the property
A landlord can seek possession if they genuinely intend to sell the property. This is now a specific possession ground, but it cannot usually be used within the first 12 months of a new tenancy. Landlords using this ground must give 4 months’ notice before applying to court.
This ground is likely to be relevant where a landlord is exiting the market or restructuring their portfolio, but it should only be used where there is a genuine intention to sell.
Moving into the property
A landlord can also seek possession if they, or a close family member, intend to occupy the property as a home. As with the sale ground, this cannot usually be used within the first 12 months of a new tenancy, and 4 months’ notice is required.
This ground is intended for genuine occupation, so landlords should make sure they can evidence the reason if challenged.
Rent arrears
Landlords can seek possession where a tenant has built up rent arrears. Under Ground 8, this applies where the tenant owes at least 3 months’ rent if rent is paid monthly, or 13 weeks’ rent if paid weekly or fortnightly, both when notice is served and at the hearing. Ground 8 requires 4 weeks’ notice. There are also discretionary arrears grounds for any arrears and persistent late payment.
This means landlords should keep accurate rent records and be clear about whether they are relying on a mandatory or discretionary rent ground.
Breach of tenancy agreement
If a tenant breaches the tenancy agreement in a way that is not about rent, a landlord may seek possession under the breach ground. This could include unauthorised subletting or other significant breaches of the tenancy terms. The notice period is 2 weeks.
Whether possession is granted will depend on the seriousness of the breach and whether the court considers eviction reasonable.
Deterioration of the property
If a tenant has allowed the condition of the property to worsen, a landlord may seek possession on that basis. The notice period for this ground is 2 weeks.
This is more likely to be relevant where there is clear evidence of damage or neglect rather than ordinary wear and tear.
Antisocial behaviour
Landlords can seek possession where the tenant, someone living with them, or a visitor engages in antisocial behaviour. The behaviour does not have to take place inside the property itself and can include serious conduct in the local area. For this ground, landlords do not need to wait out a standard notice period before applying to court, although the court cannot make a possession order until 14 days after notice is given.
This is one of the more serious possession grounds, so evidence such as complaints, police reports or witness statements can be important.
Redevelopment
A landlord may also seek possession where the property needs to be demolished or substantially redeveloped and the tenant cannot reasonably remain in occupation while the work is carried out. This ground generally requires 4 months’ notice and cannot usually be used in the first 6 months of the tenancy, although the exact requirements can vary.
This ground is intended for genuine works that require vacant possession, not routine cosmetic upgrades.
Mandatory and discretionary grounds
It is important for landlords to understand the difference between mandatory and discretionary grounds. If a ground is mandatory and properly proved, the court must grant possession. If it is discretionary, the court will look at the facts of the case and decide whether eviction is reasonable.
That makes preparation especially important. Landlords should make sure paperwork, timelines and evidence are all in order before serving notice.
What landlords should do before taking action
Before seeking possession, landlords should:
- identify the correct legal ground
- check the notice period carefully
- make sure the evidence supports the reason being relied on
- keep written records, including rent schedules, correspondence and inspection notes
- follow the formal notice and court process properly
Landlords should also remember that a court will not make a possession order if the tenancy deposit has not been protected in an approved scheme.
Final thoughts
The Renters’ Rights Act changes how landlords recover possession, but it does not remove that right. The focus is now on using the correct legal ground, giving the correct notice, and following the correct process.
For landlords, the safest approach is to treat possession as a compliance issue as much as a legal one. Clear evidence, the right documentation and the right timing all matter.
At Reeds Rains, we’re here to support landlords through every step of the lettings process. If you have questions about ending a tenancy or need assistance with compliance under the new legislation, our experienced team is ready to help.
