Possession grounds

Possession grounds are the specific legal reasons you can rely on to ask the court for a possession order and recover a rented property. Under the the Renters’ Rights Act in England, most assured tenancies are open-ended, and the old “no-fault” Section 21 route is abolished. That means you must usually prove at least one statutory ground for possession.

Grounds fall broadly into three groups:

• Tenant fault – serious or repeated rent arrears, anti-social behaviour, criminality, significant breach of tenancy, or persistent refusal of access for essential works.

• Landlord circumstances – wanting to sell, move in yourself or house close family, redevelopment, change of use or complying with enforcement/prohibition notices.

• Technical or management grounds – for example, student HMOs needed for the next academic year, or specialist supported/sheltered schemes.

Each ground has its own notice period, evidential requirements and whether it is mandatory or discretionary. Even with a ground, you must still follow the correct notice procedure, meet all pre-conditions (deposit, safety, PRS Database, Ombudsman membership, etc.) and obtain a court order before enforcing.

Professional landlords plan around possession grounds from the start. Choosing the right ground if things go wrong, keeping detailed records, and using them only where proportionate and well evidenced. Also see grounds for possessions.

Also see our landlord blog articles.