Grounds for Possession
Grounds for possession are the specific legal reasons a landlord can rely on to regain possession of a rented property through the courts. For most modern lets in England this means the statutory grounds set out in housing legislation, for example in the Housing Act 1988, as updated by the Renters’ Rights Act.
Traditionally, landlords letting on an assured shorthold tenancy could either use “no-fault” Section 21 or rely on one of the Section 8 grounds, such as serious rent arrears, persistent delay in paying rent, breach of tenancy, nuisance or anti-social behaviour. The Renters’ Rights Act programme removes most “no-fault” routes and strengthens or expands the list of fault-based and legitimate business grounds, such as needing to sell, move in themselves, or carry out major works, alongside rent arrears and misconduct.
Each ground for possession has its own rules on notice length, evidence and whether the court must or may make a possession order. Some are mandatory (the judge must grant possession if the ground is proved), while others are discretionary.
For renters, grounds for possession define when they can lawfully be required to leave. Landlords cannot simply “end” a tenancy at will. They must rely on a valid ground, serve a compliant notice, and obtain a court order before eviction.
