Statutory grounds
Statutory grounds are the legally defined reasons in housing law that allow a landlord to seek regaining possession of a property let on an assured tenancy or other private tenancy. They sit underneath the broader idea of possession grounds, but are specifically those set out in Acts of Parliament, for example, the Housing Act 1988 as amended by the Renters’ Rights Act.
Statutory grounds are now central because “no-fault” routes have been abolished. To end a tenancy, other than by tenant’s notice to quit or a deed of surrender you must:
Choose one or more relevant statutory grounds, for example, serious rent arrears, persistent anti-social behaviour, you or close family moving in, selling, redevelopment or complying with enforcement action.
Serve the correct notice relying on those grounds.
Issue a claim for a court possession order if the tenant does not leave, and prove the ground with evidence.
Each statutory ground has its own rules on notice length, whether it is mandatory or discretionary, and what the court must consider. Your ability to rely on them also depends on wider compliance, for example tenancy deposit protection, permitted payments only, membership of the Private Rented Sector Ombudsman, registration on the PRS Database, and meeting core rental standards such as fit for human habitation and Awaab’s Law including damp and mould duties.
Also see our landlord blog articles.
