This post is aimed at private landlords, letting agents and property managers in England and reflects the possession rules in force following the Renters’ Rights Act 2025 reforms introduced on 1 May 2026.
If your tenant has breached the tenancy agreement, you may be able serve a Section 8 notice using the relevant ground under the Housing Act 1988.
Three important grounds relating to non-rent breaches are Ground 12 (breach of tenancy obligation), Ground 13 (deterioration of the property) and Ground 15 (deterioration of furniture).
All three are discretionary grounds. This means that proving the breach does not automatically result in possession – the court must also consider whether it is reasonable to make a possession order.
That makes good evidence particularly important.
Below, we look at what constitutes a breach, the grounds that may apply and what landlords should consider before beginning possession proceedings.
What Counts as a Breach of Tenancy Agreement?
A breach occurs when a tenant fails to comply with an obligation contained within their tenancy agreement.
Rent arrears are one of the most common breaches, but separate possession grounds apply to rent arrears. This article focuses specifically on non-rent breaches.
Depending on the terms of the tenancy agreement, examples may include:
- subletting without permission
- keeping a pet contrary to an enforceable tenancy term
- smoking in breach of the tenancy agreement
- refusing access where the landlord has a lawful right to enter
- causing damage to the property or its contents.
Not every breach will justify possession.
For Grounds 12, 13 and 15, the court must be satisfied both that the relevant ground has been established and that it is reasonable to make a possession order. The nature and seriousness of the breach, the evidence available and the individual circumstances of the case can therefore be important.
What Are the Differences Between Mandatory and Discretionary Grounds?
The Housing Act 1988 provides both mandatory and discretionary grounds for possession.
Mandatory grounds require the court to make a possession order where the statutory ground is established and the relevant legal requirements have been satisfied.
Discretionary grounds allow the court to decide whether it is reasonable to make a possession order, even where the landlord has established that the ground applies.
Grounds 12, 13 and 15 are all discretionary.
For landlords relying on these grounds, clear evidence can make a significant difference. Photographs, inventories, correspondence, inspection reports and a clear chronology can all help demonstrate what has happened and why possession is being sought.
What Should I Do Before Serving a Notice?
Start by documenting the alleged breach.
Depending on the circumstances, useful evidence might include:
- photographs or video
- inspection reports
- check-in inventories
- correspondence with the tenant
- witness evidence
- repair reports or quotations
- copies of the relevant clauses in the tenancy agreement.
It will often be sensible to contact the tenant in writing, explain the problem and give them an appropriate opportunity to remedy the breach where possible.
Although this is not a legal requirement for Grounds 12, 13 or 15 in every case, doing so can help demonstrate that the landlord has acted reasonably and given the tenant an opportunity to address the problem before possession proceedings are started.
If the issue remains unresolved, a more formal breach letter may be appropriate.
What Should a Formal Breach Letter Include?
A formal breach letter should clearly identify:
- the relevant clause of the tenancy agreement
- what the tenant is alleged to have done
- any evidence supporting the breach
- what the tenant needs to do to remedy the situation
- an appropriate timeframe for doing so
- the potential consequences if the breach continues.
Where appropriate, this may include explaining that possession proceedings could follow if the breach is not remedied.
Keep copies of all correspondence and evidence of how and when it was sent.
What Are the Grounds for Possession Relating to Tenancy Breaches?
Three discretionary grounds Schedule 2 of the Housing Act 1988 are particularly relevant to non-rent tenancy breaches.
Ground 12: Breach of Tenancy Obligation
Ground 12 applies where an obligation of the tenancy – other than one relating to the payment of rent – has been broken or not performed.
It is one of the broadest grounds available for dealing with breaches of tenancy terms.
Depending on the wording of the tenancy agreement and the circumstances, examples could include unauthorised subletting, keeping a pet contrary to an enforceable tenancy term, smoking contrary to the agreement or refusing lawful access.
Notice period: 2 weeks.
Because Ground 12 is discretionary, establishing that a tenancy term has been breached is only part of the case. The court must also consider whether making a possession order is reasonable.
Example: Tenant Sublets Without Permission
A landlord discovers that a tenant has allowed additional occupants to live at the property contrary to a clear restriction on subletting contained within the tenancy agreement.
The landlord documents the situation, writes to the tenant about the breach and gives them an opportunity to resolve it.
If the breach continues, the landlord may consider serving a Section 8 notice relying on Ground 12.
If possession proceedings are subsequently required, the court will consider the evidence and decide whether the ground has been established and whether it is reasonable to make a possession order.
This is an illustrative example only. The outcome of possession proceedings will depend on the individual circumstances and evidence.
Ground 13: Deterioration of the Property
Ground 13 concerns deterioration in the condition of the dwelling-house or common parts resulting from acts of waste, neglect or default by the tenant or another person living at the property.
It is intended to address deterioration attributable to the tenant or relevant occupiers rather than ordinary use of the property.
Evidence of the property’s condition at the beginning of the tenancy can be particularly valuable when relying on this ground.
Notice period: 2 weeks.
Example: Significant Property Deterioration
During an inspection, a landlord discovers substantial deterioration to the property that they believe has resulted from the tenant’s neglect.
The landlord compares the property’s current condition with the original inventory and photographs and documents the deterioration.
Depending on the circumstances and available evidence, Ground 13 may provide a basis for seeking possession.
The court would ultimately decide whether the ground has been established and whether possession is reasonable.
This is an illustrative example only. Outcomes vary depending on the individual circumstances and evidence.
Ground 15: Deterioration of Furniture
Ground 15 concerns deterioration in the condition of furniture provided for use under the tenancy where that deterioration results from ill-treatment by the tenant or another person residing at the property.
This ground is therefore relevant where furniture has been provided as part of the tenancy.
Landlords should be able to demonstrate the original condition of the furniture and the subsequent deterioration. A detailed inventory and dated photographs can be particularly useful.
Notice period: 2 weeks.
Grounds at a Glance
| Ground | What it covers | Examples | Notice period | Type |
| Ground 12 | Breach of a tenancy obligation other than payment of rent | Unauthorised subletting or other breaches of enforceable tenancy terms | 2 weeks | Discretionary |
| Ground 13 | Deterioration of the property | Deterioration caused by acts of waste, neglect or default | 2 weeks | Discretionary |
| Ground 15 | Deterioration of furniture provided under the tenancy | Ill-treatment of landlord-provided furniture | 2 weeks | Discretionary |
Source: Housing Act 1988 Schedule 2; GOV.UK Grounds for Possession Guidance
What Notice Period Do I Need to Give?
Grounds 12, 13 and 15 currently require two weeks’ notice before a landlord can apply to the court for a possession order.
For notices served on or after 1 May 2026, landlords must use the current prescribed Section 8 notice– Form 3A, or a form substantially to the same effect.
The notice must include the correct amount of notice and set out fully the substance of the ground or grounds being relied upon, together with the reasons the landlord believes they apply.
Accuracy matters.
If a notice is incomplete or inaccurate, any subsequent possession claim could be delayed or dismissed.
What Are My Compliance Obligations Before Serving a Section 8 Notice?
Landlords should always make sure that the tenancy and property comply with their wider legal obligations before beginning possession proceedings.
However, it is important to distinguish general landlord compliance obligations from requirements that directly affect whether possession can be obtained under Section 8.
Deposit Protection
Deposit protection remains particularly important.
For most possession grounds, where a tenancy deposit has been taken, the landlord will need to demonstrate that:
- the deposit was protected in a government-approved tenancy deposit scheme
- the requirements of the relevant scheme were complied with
- the required prescribed information was given to the tenant.
If these requirements have not been met, the court will only be able to make a possession order once the deposit position has been dealt with in one of the ways permitted by the legislation.
This could include correctly protecting the deposit and providing the required information, returning the deposit to the tenant, or resolving relevant court proceedings concerning the deposit.
There are exceptions for certain antisocial behaviour grounds.
Gas Safety, EPC and Electrical Safety
Landlords must continue to comply with their legal obligations relating to matters such as gas safety, electrical safety and Energy Performance Certificates where those requirements apply.
However, these obligations should not be confused with the former Section 21 validity requirements.
Under the post-1 May 2026 Section 8 regime, failure to provide a gas safety certificate or EPC does not, by itself, generally prevent a landlord from serving a valid Section 8 notice or obtaining possession under Grounds 12, 13 or 15.
Landlords must nevertheless continue to meet the underlying safety and property compliance legislation and comply with any specific legal requirements applying to the particular possession ground they intend to use.
Example: Deposit Protection Problem Discovered During a Ground 12 Claim
A landlord serves a Ground 12 notice after discovering a breach of the tenancy agreement.
During the possession process, it emerges that the tenancy deposit has not been protected correctly.
For most possession grounds, the landlord may be prevented from obtaining a possession order until the deposit issue has been remedied in one of the ways permitted by law.
This is an illustrative example only. Individual circumstances and legal requirements should always be considered.
What Happens if the Tenant Doesn’t Leave After the Notice Expires?
A Section 8 notice does not itself end the tenancy or give the landlord the right to remove the tenant.
If the tenant remains at the property after the notice period expires, the landlord must normally apply to the county court for a possession order.
The court will consider the landlord’s claim and the evidence supporting the possession ground.
Because Grounds 12, 13 and 15 are discretionary, the judge must consider both whether the ground has been established and whether it is reasonable to make a possession order.
If the court grants possession and the tenant does not leave by the date specified in the order, further enforcement action will normally be required.
This may involve applying for a warrant of possession so that authorised enforcement officers can lawfully recover possession of the property.
Depending on the circumstances and subject to the relevant court procedure and permission requirements, enforcement may take place through the county court or High Court.
How Long Does the Court Process Take?
There is no single timeframe for a possession claim.
How long the process takes can depend on factors including:
- the court’s workload
- whether the tenant defends the claim
- the complexity of the case
- the grounds being relied upon
- the quality of the evidence
- whether the paperwork has been completed correctly
- whether further enforcement is required after the possession order.
Mistakes in the notice or possession claim can cause significant delays.
Getting the notice, evidence and court paperwork right at the beginning can therefore help avoid unnecessary problems later.
What Can’t I Do if My Tenant Has Breached the Agreement?
A breach of the tenancy agreement does not give a landlord the right to take matters into their own hands.
Where the Protection from Eviction Act 1977 applies, landlords must not unlawfully deprive residential occupiers of occupation of the property or attempt to force them to leave outside the proper legal process.
Actions such as unlawfully changing locks, physically removing an occupier or deliberately interfering with services in an attempt to make them leave can have serious consequences.
Unlawful eviction can constitute a criminal offence under the Protection from Eviction Act 1977 and may result in prosecution, a fine and/or imprisonment. On conviction on indictment, an offence under section 1 can carry a maximum sentence of two years’ imprisonment.
A tenant may also have civil remedies available to them.
The correct possession and enforcement procedure should therefore always be followed, even where there is clear evidence that the tenant has breached their tenancy agreement.
Does the Renters’ Rights Act 2025 Change Anything for Breach-Related Evictions?
Yes.
The major private rented sector tenancy reforms introduced by the Renters’ Rights Act 2025 took effect on 1 May 2026.
For private landlords covered by the new regime, Section 21 is no longer available as a route to possession.
Most private tenancies within the assured tenancy regime are now assured periodic tenancies, and landlords seeking possession must generally rely on one or more of the statutory Section 8 grounds.
For Grounds 12, 13 and 15 specifically:
- they remain discretionary
- the landlord must prove that the relevant ground applies
- the court must consider whether possession is reasonable
- the notice period is currently two weeks.
This makes selecting the correct ground, preparing the evidence and completing the Section 8 notice correctly particularly important.
Can I Claim Compensation Instead of – or as Well as – Eviction?
Possession and compensation are separate issues.
Where a tenant has caused damage to a property or its contents, a landlord may be able to pursue the cost of that damage in addition to – or instead of – seeking possession.
Evidence could include:
- the original inventory
- check-in and check-out photographs
- invoices
- repair quotations
- contractor reports
- correspondence with the tenant.
Any claim should distinguish between genuine damage and fair wear and tear.
Where a tenancy deposit is available, landlords may seek an appropriate deduction in accordance with the rules of the relevant tenancy deposit scheme.
If the cost of the damage exceeds the amount recoverable from the deposit, it may be possible to pursue a separate county court money claim for the balance.
For straightforward money claims, the small claims track is normally the appropriate track where the value of the claim is no more than £10,000, although allocation ultimately depends on the nature and circumstances of the individual case.
How Strikes Property Services Can Help
Tenants are aware of the possession process – and of the timelines involved. Delays caused by incorrect paperwork or missed compliance checks give tenants more time in the property and leave landlords exposed.
I founded Strikes Property Services in 2012 after a career as a certificated enforcement agent. I understand possession claims inside out. My team handles both Section 8 notice serving and possession orders under the Renters’ Rights Act 2025 rules.
Key deliverables when working with Strikes:
- Section 8 notice preparation and serving – correctly cited, correctly timed
- Possession claim filing and court pack preparation
- Solicitor advocate briefing and management for possession hearings
- Warrant of possession applications – county court and High Court routes
- End-to-end support from notice to vacant possession
If you need help with the Section 8 possession process, contact Strikes Property Services today.
