Section 8 deep dive: Ground 6 - redevelopment

Following the abolition of Section 21 you now need to use the grounds-based process under Section 8 to take back possession of your rental property. In our latest deep dive, we look at Ground 6, which you can use to take possession for redevelopment or reconstruction work.

It is now almost six months since the first phase of the Renters’ Rights Act came into force, with the section 21 no fault eviction abolished to make way for 37 revised section 8 grounds as the new route to possession. 

The ground you use will reflect the circumstances you are in – with a full list available here – and unless you have a valid ground you will not be able to repossess your property.  

Having already looked at intention to sell or move in, rent arrears, anti-social behaviour, the new student ground, and grounds 12 and 13 relating to property conditions, this week we are looking at Ground 6.

So, what does this ground cover?

You can use the ground to repossess your property if you need to carry out major works and the minimum notice period you will need to give your tenants is four months. 

To use the ground each of the following conditions must be met:  

• You intend to redevelop, reconstruct, or perform substantial works on the building (or part of it), and 
• The work cannot reasonably be performed without vacant possession from the tenant, and 
• The tenancy began at least six months before possession is required. 

It is also worth noting that in the case of former agricultural tenancies, you also need to have been the landlord before the tenancy started.

Is Ground 6 a mandatory possession ground?

Ground 6 is a mandatory possession ground, meaning a judge must grant possession if they are satisfied that the criteria are met. 

However, this does not mean it will be easy to gain possession using this ground.  

The courts will need to be satisfied that you are intent on performing the works and that the works cannot reasonably be performed without obtaining possession of the property.  

This means that Ground 6 will usually be a question of fact, with the courts assessing:

• The level of disruption, including the duration and type of works being performed 
• What steps have been taken to allow the tenant to stay in the property 
• How serious the landlord’s intention to do the works is.

What is likely to show my intention to perform the works?

You must show a firm and settled intention to do the works, and a realistic prospect of achieving what you plan to do. 

For individual landlords, this could involve you attending court to provide evidence of your intent in person.  

The intent should also be supported by evidence. For example, planning permission for converting one property into multiple units would be strong evidence of intent and show that the works are realistically achievable. Remember evidence of intent may be undermined if you have previously changed your mind about the works, or seem uncertain about what work you plan to do.

What level of disruption would require possession?

The courts will be looking to check that the works are so substantial that continuing a tenancy will be impractical.  

This will be a question of fact and circumstance and will depend on the scope of the works, your existing rights to access the property, and the time it takes to complete.

Repairs to the property, or works that could be performed while the tenant lives in the property are unlikely to be successful.

Works that would be heavily disruptive and take quite a long time to perform are more likely to lead to a successful possession claim.

Given this, it is always sensible to seek legal advice before using this ground so you can speak to someone about your plans and the likelihood of success.

What reasonable steps do I need to take with the tenant before seeking possession?

Aside from showing that the intended work is substantial, you will also need to establish that you cannot do it while the tenant continues live in some part of the property.  
Evidence of this would be: 

• The tenant refusing to vary the tenancy to provide sufficient access to the property, or 
• The tenant refuses to agree to an assured tenancy of the portion of the building that you don't need to work on. 

More information

• You can find out more about how to end an assured periodic tenancy on our dedicated page here. 
• The NRLA's award-winning training academy runs a course on section 8 notices, including what to do before serving notice, completing and serving the notice correctly and what to do if your tenant issues a counter claim. For more information and to book click here. 
• The academy also runs a comprehensive Renters' Rights Act training offer. Click here to book your place.  
• You can find out more about section 8 ground on the NRLA’s Listen Up Landlords by clicking the link below.