Grounds for Eviction

If you are a landlord operating a private residential tenancy or assured tenancy you can only evict using certain grounds. For both tenancy types, the grounds are split into two main categories – mandatory grounds and discretionary grounds. If a mandatory ground is used the Tribunal must order possession but if a discretionary ground is used it is up to the Tribunal to decide if it is reasonable to order possession or not. Please note that this is not an exact statement of the law.

Private Residential Tenancy

Mandatory Grounds

Ground 1- Landlord intends to sell the let property

This ground applies if your landlord plans on putting the let property up for sale within three months of the you moving out.

Your landlord will need evidence to prove it – this could include a letter from a solicitor or an estate agent, or a recent home report for the property.

Ground 2 - Let property to be sold by lender

This ground applies if your mortgage lender wants to repossess the property and sell it.

Ground 3 - Landlord intends to refurbish the let property

This ground applies if you want to carry out major works to the let property that are so disruptive that the tenant wouldn't be able to live there at the same time.

Example of evidence could include planning permission, or a contract between you and an architect or a builder for the work to be carried out.

Ground 4 - Landlord intends to live in let property

This ground applies if you want your tenant to move out of the property so that you or your joint landlord can move in.

Evidence could include an affidavit (a written statement, signed under oath in the presence of a Notary Public or a Justice of the Peace, that can be used as evidence at the Tribunal) saying this is what you are going to do.

Ground 5 - Landlord intends to use the let property for non-residential purpose

This ground applies if you want the tenant to move out so you can use the property for something other than a home.

Evidence could include planning permission that will let you use the property for a different purpose.

Ground 6 - Let property required for religious worker

This ground applies if the property is held to be available for someone who has a religious job (like a priest, nun, monk, imam, lay missionary, minister, rabbi or something similar).

The ground only works if the property has been used for this purpose before.

Ground 7 - Tenant has a relevant criminal conviction

This ground applies if your tenant is convicted of an offence punishable by imprisonment that involved them either:

• Using the property for illegal reasons.
• Letting someone use the property for illegal reasons.
• Committing a crime within or near the property.

You have to apply to the Tribunal within a year of your tenant getting the conviction, unless you have a reasonable excuse for not applying before then.

Ground 8 - Tenant is no longer occupying the let property

This ground applies if the property isn't being used as the main or only home of your tenant or a legal sub-tenant.

This doesn't count if you've failed your duty to keep the property in good repair and the tenant has had to move out for their own safety.

Discretionary Grounds

Ground 9 - Landlord's family member intends to live in the let property

This ground applies if a member of your family plans to move into the property as their only or main home for at least three months.

Members of your family who qualify for this are:

• Someone you're married to.
• Someone you're in a civil partnership with.
• Someone living with you as though they were married to you.
• A parent or grandparent.
• A child or grandchild.
• A brother or sister.
• Step or half relatives (like a stepson or half-sister).
• A person being treated as someone's child even if they aren't related biologically or legally.
• Any family member (as listed above) of your spouse, civil partner or person living with you as though you were married.
• The spouse or civil partner of any family members listed above, or someone living with them as though they were married.

You need evidence for this ground. This could include an affidavit stating that this is what your family member intends to do.

Ground 10 - Tenant no longer needs supported accommodation

This ground applies if the tenant moved in because they had a need for community care and they've since been assessed as no longer having that need.

Ground 11 - Tenant has breached a term of the tenancy agreement

This ground applies if the tenant hasn't complied with one or more of the terms of tenancy.

This doesn't apply to cases where the tenant hasn't paid their rent (known as 'rent arrears') – there's a separate ground for this.

Ground 12 - The tenant has engaged in relevant antisocial behaviour

This ground applies if the tenant has behaved in an antisocial way to another person, by doing something which either:

• Causes them alarm or distress.
• Is a nuisance or annoyance.
• Is considered harassment.

The First-tier Tribunal will consider the behaviour, who it involved and where it occurred to decide whether to issue an eviction order.

To use this ground, you have to apply to the Tribunal within a year of the conviction or behaviour taking place, unless you have a reasonable excuse.

Ground 13 -Tenant has associated in the let property with someone who has a criminal conviction or is antisocial

This ground applies if your tenant allows someone into their property and they behave in an antisocial way that would have them evicted if they were the tenant.

This person could be:

• A sub-tenant.
• A lodger of the tenant.
• Someone the tenant lets into the property on more than one occasion.

To use this ground, you have to apply to the Tribunal within a year of the conviction or behaviour taking place, unless you have a reasonable excuse.

Ground 14 - Landlord has had their registration refused or revoked

This ground applies if you aren't registered as a landlord in the local council area where the property is located.

This could be because the local council has either:

• Refused to enter you in the register.
• Removed you from the register.

Ground 15 - Landlord's HMO licence has been revoked

This ground applies if the HMO (House of Multiple Occupancy) licence for the property has been removed and keeping all the tenants in the property would no longer be legal.

Ground 16 - An overcrowding statutory notice has been served on the landlord

This ground applies if an 'overcrowding statutory notice' has been served on you because the property is overcrowded to the extent that it may affect the health of the people living there.

Grounds which could be mandatory or discretionary?

The final two grounds can be either mandatory or discretionary, depending on the circumstances of the case.

Ground 17 - Tenant is in rent arrears over three consecutive months

This ground applies if the tenant has been in 'rent arrears' (has owed rent payments of any amount) for three or more months in a row.

If the tenant still owes at least a month's rent by the first day of the Tribunal hearing, the ground is mandatory, and the Tribunal must issue an eviction order. The Tribunal must also be satisfied that the arrears were not due to a delay or failure in the payment of a relevant benefit.

If the tenant owes less than a month's rent (or is no longer in arrears) by the first day of the Tribunal hearing, the ground is discretionary, and the Tribunal will decide whether it is reasonable to issue an eviction order. In deciding whether it is reasonable to evict, the Tribunal will consider whether the tenant being in arrears is due to a delay or failure in the payment of a relevant benefit.

Ground 18 - Tenant has stopped being — or has failed to become — an employee

This ground applies if you let the tenant move in because they were an employee of yours or were expected to become one, and now they aren't.

The First-tier Tribunal will have to give an eviction order if either:

• You apply within 12 months of the tenant no longer being an employee.
• The tenant never became an employee and you apply within 12 months of the tenancy starting.

The Tribunal will be able to decide whether to give an eviction order if:

• You apply on or after the date 12 months after the tenant stopped being an employee.
• The tenant never became an employee, but you apply on or after the date 12 months after the tenancy started.

Assured Tenancy

Mandatory Grounds

Ground 1

Where prior to the tenancy being granted it was the landlord’s principal home or when the landlord requires the house as his or her principal home. The landlord should have notified the tenant that this ground might be used prior to the beginning of the tenancy.

Ground 2

Where the landlord has a mortgage on the house and as a result of default the landlord is seeking repossession. The landlord should have notified the tenant that this ground might be used prior to the beginning of the tenancy.

Ground 3

Where the house is let as an off season holiday let of not more than 8 months. The property must have been used as a holiday let in the previous 12 months. The landlord must have notified the tenant of this prior to the beginning of the tenancy.

Ground 4

Prior to the let the house was let as a student let by a specified educational institution, such as a university, and it is let for no more than 12 months. Again the landlord should have notified the tenant of this.

Ground 5

The house is required for occupation by a minister or full-time lay missionary. Again, the landlord should have notified the tenant of this.

Ground 6

Where the house is going to be demolished or substantial reconstruction carried out and this work can only be carried out if the tenant gives up possession. The landlord must pay the tenant reasonable expenses for removing if possession is granted on this ground.

Ground 7

Where the former tenant has died and the current tenant has inherited the property. This does not apply if a spouse has inherited the property from the original tenant. The landlord must start proceedings for possession within 12 months of the former tenant’s death.

Ground 8

The tenant is at least 3 months in rent arrears both at the time of serving notice and at the date of the Tribunal hearing.

Discretionary Grounds

Ground 9

Where the landlord has offered suitable alternative accommodation. The landlord must pay reasonable moving expenses if possession is granted on this ground.

Ground 10

Where the tenant has given notice to quit and where she or he remains in the property. The landlord must start proceedings no later than 6 months after the notice to quit expired.

Ground 11

Where the tenant persistently delays in paying rent. The tenant does not have to be in arrears at the start of Tribunal proceedings.

Ground 12

Where there are rent arrears and the tenant is in arrears on the date when the notice was served and on the date of starting proceedings.

Ground 13

Where there is a breach of the tenancy agreement, other than the obligation to pay rent.

Ground 14

Where there is deterioration in the condition of the house or common parts due to the tenant or a lodger or sub-tenant.

Ground 15

The tenant, or anyone living with him or her, has caused a nuisance or annoyance to neighbours or has been convicted by a court of immoral or illegal use of the premises.

Ground 16

Where there is deterioration in the condition of the furniture owing to ill treatment by the tenant or someone living with him or her.

Ground 17

Where the tenancy was let because of the tenant’s employment and the tenant is no longer in that employment.