Grounds for Possession | How Landlords Can End a Tenancy

A Guide to Grounds for Possession for Landlords

Rent Arrears

Landlords may apply for possession if a tenant is in serious rent arrears, defined as owing at least two months’ rent at the time of the court hearing.
The court will consider whether the arrears are persistent or a one-off occurrence, and whether the tenant is making efforts to repay.

Breach of Tenancy Agreement

If a tenant breaches the terms of their tenancy—such as causing damage, subletting without consent, or keeping pets in breach of the agreement—landlords may seek possession.
While minor breaches may not be sufficient on their own, repeated or serious violations can justify action.

Sale of the Property

Landlords who wish to sell their property may regain possession, provided they can demonstrate genuine intent to sell. Acceptable evidence includes a listing with an estate agent or a signed agreement with a buyer.
This ground cannot be used within the first six months of a tenancy, and tenants must be given at least two months’ notice.

Landlord or Family Member Moving In

If the landlord or a close family member (such as a spouse, parent, or child) intends to move into the property as their main residence, possession may be sought.
This also requires two months’ notice and cannot be used within the first six months of the tenancy.
The property must not be re-let for at least three months after possession is granted.

Major Redevelopment

Where substantial works are planned—such as structural alterations or conversions that cannot reasonably be carried out with the tenant in situ—landlords may apply for possession.
Supporting documentation, such as planning permission or contractor agreements, will be required.
Cosmetic improvements do not qualify under this ground.

Anti-Social Behaviour

Landlords can take action if a tenant engages in serious or persistent anti-social behaviour, including harassment, criminal activity, or repeated noise complaints.
Evidence such as police reports or complaints from neighbours will strengthen the case.

Additional Considerations for Landlords

Notice Periods: Most grounds require a minimum of two months’ notice.
New Tenancy Structure: All tenancies are now periodic by default, offering greater flexibility.
Ombudsman Scheme: All landlords must register with the Private Rented Sector Ombudsman, whose decisions are legally binding.
Property Standards: All rental properties must meet the Decent Homes Standard, ensuring they are safe, warm, and free from serious hazards.
Landlord Database: Registration with the new Private Rented Sector Database is mandatory.

At Reeds Rains, we’re here to support landlords through every step of the lettings process. If you have questions about ending a tenancy or need assistance with compliance under the new legislation, our experienced team is ready to help.