Section 8 deep dive: Grounds 12 & 13

Following the abolition of Section 21 under the Renters’ Rights Act, you will 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 12, breach of the tenancy terms, and Ground 13, which relates to the condition of the property.

It is now almost five 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.

Having already looked at intention to sell or move in, rent arrears, anti-social behaviour and the new student ground, this week we are looking at Grounds 12 & 13.

So, what do these grounds cover?

Ground 12 (breach of the tenancy terms)

Ground 12 can be used where any of the terms of the tenancy (other than those related to rent payments) have been broken or not performed. Examples could include a tenant refusing tradespeople access to perform repairs, or preventing a gas safety inspection from taking place, where the tenancy agreement clearly states that they must provide access.

Ground 13 (condition of the dwelling-house)

This ground is used where the condition of the property has deteriorated owing to ‘acts of waste’ by the tenant or anyone else living there, or by their neglect. If this deterioration has come about as a result of the actions of a lodger or sub-tenant, it can also be used if your tenant has failed to take steps to remove them.

Discretionary grounds

Both Ground 12 & 13 are established discretionary grounds, which existed pre-Renters’ Rights Act and, as before, we always advise you use a solicitor if you want to take this route to possession.

Sharfaa Kerkache, team leader and solicitor at NRLA partner Woodstock Legal Services said legal advice is vital where decisions are at the discretion of a judge.

She said: “If you aren’t using a mandatory ground, we would always advise you take legal advice. Our experience means we can see things from a judge’s perspective and are aware of the trends in the courts when it comes to decision-making processes and the level of evidence required.”

Ground 12 – and pairing grounds

Sharfaa continued: “As a firm we tend to couple Ground 12 with Ground 14 (fornuisance ) as, generally, if there has been a breach of the tenancy terms then it is likely to have caused a nuisance to the landlord – meaning it also meets the criteria for Ground 14.

An example here would be sub-letting. If a tenancy agreement says the tenant can’t sub-let and the tenant has done, then that would be both a breach of the tenancy terms and something that caused nuisance to the landlord or neighbours.

“By pairing the grounds in this way we can demonstrate not only what the tenant has done, but also how their actions have impacted others, which bolsters the argument that the landlord should be able to take back possession.

“Common evidence we see – specifically for things such as subletting – include, multiple items of post addressed to different people, communal rooms converted to bedrooms and individuals in the property who are not tenants.”

Ground 13

Ground 13 is used less frequently, but is related to Ground 12, as the tenancy agreement would usually make it clear that the tenant is responsible for maintaining the property and garden.

Sharfaa said it is rare for a landlord to use Ground 13, although it can happen.

She said: “To use this ground you need to evidence the deterioration of the condition of the property due to issues with the disposal of waste and/or neglect. This could  for eg pet litter trays that have gone unchanged for some time, or bins overflowing with nappies, piles unwashed dishes and overwhelming levels of clutter (hoarding), resulting in the deterioration of the property

“However, I would give a word of warning. In the majority of cases homes that have fallen into such a bad state of repair have often reached that state as they have been abandoned by the tenant or the tenants is unwell, which is why we always encourage regular inspections – and why the ground is infrequently used.”

What is the notice period?

Once you have served the section 8 notice (something you can read more about here) there is a two week notice period (for both grounds) after which you can apply to the court for possession.

What evidence will I need to back up my claim?

Evidence can include, but is not limited to:

• Statements from neighbours, including the time and date of any incidents and what they have seen.
• Evidence from property inspections, including photographs.
• Statements from you as the landlord and/or your managing agent.
• Any correspondence you have had with your tenant reminding them of their obligations as outlined in the tenancy agreement – and any action you have taken the ensure they are met.
• Any crime numbers or reports to the emergency services.

As always, we would advise you collate as much evidence as possible to ensure you have the best chance of success in the courts.

More information

• For our guide on ending an Assured Periodic Tenancy click using the Section 8 process click 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.  
• To visit our Renters' Rights Hub, packed with information and resources to help you manage the transition, click here.  
• For more information on our partner Woodstock Legal Services click here.