Evicting a tenant for breaking the tenancy agreement

To evict a tenant for breach of tenancy, you serve a Section 8 notice on Ground 12, which covers breaking any tenancy obligation other than paying rent, and give at least 2 weeks' notice. Ground 12 is discretionary, so the court will only order possession if the breach is proved and it considers eviction reasonable. Since 1 May 2026 some tenancy terms no longer have any effect, so check the clause you rely on still counts.

What counts as a breach under Ground 12

Ground 12 applies where "any obligation of the tenancy", other than one about paying rent, has been broken or not performed. Typical examples are:

• subletting or taking in lodgers where the agreement forbids it;
• running a business from the property where the agreement forbids it;
• refusing access for repairs or safety checks where the agreement requires it;
• breaking a clear house rule in the agreement, such as a ban on smoking indoors.

Rent problems have their own grounds (see rent arrears). Damage to the property or furniture is better framed under Grounds 13 and 15 (see property damage). Nuisance to neighbours fits Ground 14.

Clauses that no longer count since 1 May 2026

The Renters' Rights Act made some common terms ineffective. You can't build a Ground 12 claim on them:

Term in the agreement	Position now
A fixed term (for example "12 months from 1 March")	No effect: the tenancy runs as a periodic tenancy
A rent review clause	No effect: rent can only rise through a Section 13 notice or a tribunal decision
A term requiring rent before the period it covers (tenancies from 1 May 2026)	No effect: rent falls due on the normal rent day
A term saying how the tenant must give notice, or requiring more than 2 months	No effect: the tenant gives 2 months' notice in writing, in any written form (or less if you agree in writing)
A refusal to consider any pets	The tenant may ask to keep a pet, and you must not unreasonably refuse

Notice period and other grounds to add

Ground	Use it for	Type	Notice
12	Breach of a term other than rent	Discretionary	2 weeks
13	Deterioration of the property	Discretionary	2 weeks
15	Damage to furniture	Discretionary	2 weeks
17	A false statement induced the tenancy	Discretionary	2 weeks
14	Nuisance or annoyance	Discretionary	None

Combining grounds is common. The earliest court date is set by the longest notice period, unless Ground 14 or 7A is included, in which case it can be the date of service.

Evidence to gather

1. The signed tenancy agreement, with the clause highlighted.
2. Evidence of the breach: photos, a listing showing subletting, correspondence, contractor reports of refused access.
3. Your written warnings asking the tenant to stop or put it right, with dates.
4. The tenant's replies, or a note that there was none.
5. Proof of service of the notice (form N215).
6. If you took a deposit, the protection certificate and proof you gave the prescribed information. Without them, the court can't make the order.

A clear record of warnings matters on a discretionary ground: it helps show the judge that the tenant knew about the problem and carried on, which goes to whether eviction is reasonable.

Timeline to evict a tenant for breach of tenancy

For a Ground 12 notice handed over in person:

1. Monday 9 November 2026: serve Form 3A on Ground 12.
2. Monday 23 November 2026: earliest court date. Issue on paper (forms N5 and N119), ticking "other breach of tenancy" on N5.
3. 21 December 2026 to 18 January 2027: first hearing, at least 28 days after issue and normally within 8 weeks.
4. Around 18 January 2027: order at the median of 8.0 weeks from claim. It may be outright or suspended on conditions.
5. Around 14 May 2027: repossession by bailiffs at the median of 24.6 weeks from claim, where the case gets that far.

The medians are from the Ministry of Justice's mortgage and landlord possession statistics for April to June 2026 (published 13 August 2026), for private landlords' standard claims. The figures are provisional, and most of those claims rested on notices served before 1 May 2026. If the judge suspends the order and the tenant later breaks a condition, you apply for a warrant on form N244.

Costs

• Possession claim: £415. Breach claims can't use Possession Claim Online.
• Warrant of possession: £152.
• Our Section 8 notice: £39; our court pack: £79.

More in eviction costs.

What to avoid

Watch out: relying on a ground without a reasonable belief that you can get possession is itself a breach. If the tenant gives up the tenancy within 4 months without a court order, you can face a penalty of up to £7,000, or prosecution if you acted knowingly or recklessly.

• Relying on a clause that no longer has effect, such as a fixed-term or rent review clause.
• Withdrawing pet consent you've already given.
• Telling the tenant the tenancy has ended because of the breach. A landlord's notice to quit has no effect, and serving a home-made notice that claims to end the tenancy can lead to a penalty of up to £7,000.
• Changing the locks or using anyone other than court bailiffs to remove the tenant. That's illegal eviction. See illegal eviction.

This guide covers England only. Wales (Renting Homes (Wales) Act 2016), Scotland and Northern Ireland have different law.

What to do next

Create your Section 8 notice on Ground 12, with Grounds 13, 15 or 17 if they fit. Our builder adds the legal wording and checks your dates. Then read possession orders to see what the court can decide. For other reasons, go back to how to evict a tenant.