Evicting a tenant to redevelop or refurbish
How to evict a tenant for refurbishment in England: when Ground 6 applies, 4 months' notice, the 6-month rule, the evidence you need and a dated timeline.
Updated 25 October 2026Checked against legislation 25 October 2026England only
Key points
- Ground 6 is a mandatory ground for demolition, reconstruction or substantial works that can't reasonably be done with the tenant living there.
- You must give at least 4 months' notice, and the tenancy must have begun at least 6 months before the date in the notice.
- Private landlords no longer have to pay the tenant's removal expenses on Ground 6; that duty now applies only to social landlords.
- Ground 6B is a separate ground for when council enforcement action, such as a prohibition order or licence refusal, makes continued letting unlawful.
You can evict a tenant for refurbishment using Ground 6 of Section 8, but only for demolition, reconstruction or substantial works that can't reasonably be done with the tenant living there. You must give at least 4 months' notice on Form 3A, and the tenancy must have begun at least 6 months before the date in the notice. Ground 6 is mandatory, so the court must order possession if you prove every condition.
When you can evict a tenant for refurbishment
Ground 6 has several conditions, and you need all of them:
- The work. You intend to demolish or reconstruct the whole or a substantial part of the property, or to carry out substantial works on it.
- It can't be done with the tenant there. Either the tenant refuses a change to the tenancy that would give you access for the work, or no such change is practicable. Likewise, the tenant refuses a tenancy of only part of the property, or that isn't practicable.
- The 6-month rule. The tenancy began at least 6 months before the date in the notice.
- Not a Rent Act succession tenancy. The tenancy must not have arisen by succession under the old Rent Acts.
For a commonhold unit, either you or the commonhold association can be the one intending to do the work.
Refurbishment that won't qualify
Ground 6 is not a general "I want to modernise" ground. Redecorating, a new kitchen fitted over a few days, or work the tenant is happy to give access for are unlikely to meet the conditions, because the work could reasonably be done with the tenant still there. The ground is aimed at larger projects where vacant possession is genuinely needed, such as structural rebuilding or works so extensive that the property can't be lived in while they're done.
If the tenant agrees to give access, record that in writing and plan the work around them. You keep the rent, and you avoid a claim that may fail.
Section 8 notice (Form 3A). Pick your grounds, get every notice period and date calculated, and download a completed Form 3A with an evidence checklist and a certificate of service. Free re-draft if the form changes before you serve.
Start now · £39Notice period and the 6-month rule
- Notice: at least 4 months from the day of service.
- 6-month rule: if the tenancy began on 1 June 2026, the date in the notice must be no earlier than 1 December 2026. With 4 months' notice, that is met for any notice served on or after 1 August 2026.
- Court deadline: proceedings must start within 12 months of service.
Our notice period guide shows how to count the months.
Evidence the court will expect
- Plans and specifications for the work.
- Contractor quotes or a signed building contract.
- Planning permission or building-control documents, where needed.
- Evidence that the work needs vacant possession, such as a surveyor's or contractor's statement.
- Letters showing you asked the tenant about access or a reduced tenancy, and their refusal.
- Your explanation in question 4.3 of Form 3A, setting out the project and why the tenant can't stay.
Watch out: the court has to be satisfied you genuinely intend to do the work. Relying on Ground 6 without a reasonable belief that you can get possession is a breach of the Renters' Rights Act duties, and if the tenant leaves within 4 months without a court order you could face a penalty of up to £7,000.
Timeline with real dates
For a tenancy that began in 2025, with the notice handed over in person:
- Monday 9 November 2026: serve Form 3A on Ground 6, and complete form N215.
- Tuesday 9 March 2027: earliest court date. Issue the claim on paper with forms N5 and N119.
- 6 April to 4 May 2027: first hearing, at least 28 days after issue and normally within 8 weeks.
- Around 4 May 2027: possession order at the median of 8.0 weeks from claim, with possession usually 14 days later and never more than 6 weeks.
- Around 28 August 2027: repossession by bailiffs at the median of 24.6 weeks from claim, if the tenant is still there.
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. Build that timescale into your contractor's start date.
Costs
- Court fee to issue: £415. Ground 6 claims can't use Possession Claim Online.
- Warrant of possession: £152.
- Removal expenses: no statutory duty for private landlords.
- Our Section 8 notice: £39; our N5 and N119 court pack: £79.
See eviction costs for a full comparison.
Ground 6B: when the council's action forces the issue
Ground 6B is a different mandatory ground with 4 months' notice. It applies where continuing the letting would breach a banning order, an improvement notice for overcrowding, a prohibition order, a refused or revoked HMO or selective licence, a licence occupancy limit, or planning enforcement. Keep a copy of the order or decision as your evidence. Unlike Ground 6, the court may order you to compensate the tenant for loss caused by the order, taking the tenant's own conduct into account.
What to avoid
- Serving before the tenancy is old enough for the 6-month rule.
- Doing anything to make the property harder to live in so the tenant leaves early. Treat that as a harassment and illegal eviction risk: councils can impose penalties of up to £40,000. See illegal eviction.
- Vague evidence. A plan to "do it up at some point" won't satisfy a judge.
This guide covers England only. Wales (Renting Homes (Wales) Act 2016), Scotland and Northern Ireland have different law.
What to do next
Get your plans and quotes together, then create a Section 8 notice on Ground 6. Our builder checks the 6-month rule and the 4-month date for you. When the notice ends, read making a possession claim and how to describe the works on form N119. For other reasons to end a tenancy, see how to evict a tenant.
Section 8 notice
Section 8 notice (Form 3A)
Pick your grounds, get every notice period and date calculated, and download a completed Form 3A with an evidence checklist and a certificate of service. Free re-draft if the form changes before you serve.
- ✓ Updated for the Renters' Rights Act 2025
- ✓ Dates and notice periods calculated
- ✓ Plain-English checks before you serve
- ✓ Download as PDF, ready to sign
Frequently asked questions
Do I have to pay the tenant's removal expenses?
Not as a private landlord. Since 1 May 2026 the statutory duty to pay removal expenses on Ground 6 applies only to relevant social landlords letting social housing. You can still offer help with moving costs voluntarily if it makes an agreed move easier.
Can I re-let the property after the works?
The 12-month re-letting ban in the Renters' Rights Act applies after Grounds 1 and 1A, not Ground 6. You must still genuinely intend to carry out the works when you rely on the ground, because relying on a ground without a reasonable belief that you can get possession can lead to penalties.
Can I use Ground 6 if I bought the property recently?
Usually, yes. The old "landlord's acquisition condition" now applies only in a narrow case involving former smallholding lettings, so for an ordinary private landlord the date you bought the property isn't a bar. The tenancy itself must have begun at least 6 months before the notice date.
What if the tenant agrees to let me do the works while they stay?
Then Ground 6 may not be made out. The ground needs the work to be impossible to carry out reasonably with the tenant there, for example because they refuse a change to the tenancy that would give you access, or no such change is practicable. Agree the access in writing and keep it on file.
Sources
Related guides
Ground 6: redevelopment or substantial works
Section 8 Ground 6 lets landlords in England regain possession for demolition or major works: the conditions, 4-month notice, 6-month rule and evidence.
Ground 6B: complying with enforcement action
Section 8 Ground 6B lets landlords in England get possession when a banning order, licence refusal or council order makes letting unlawful. Rules and risks.
Section 8 notice periods for every ground
The Section 8 notice period for every ground in England from 1 May 2026, how to count the days, worked examples with real dates, and a free calculator.
Form N119: particulars of claim for rented property
How to complete the N119 form section by section in the 05.26 version, what the rent schedule must show, and the mistakes that get possession claims delayed.
Possession claims: taking a tenant to court in England
How a possession claim works in England after 1 May 2026: the N5 and N119 forms, the £415 court fee, real court timescales and what happens after the order.
This guide explains the law in England as it stood on 25 October 2026. It is general information, not legal advice on your situation. Wales, Scotland and Northern Ireland have different rules. See our editorial policy for how we research and check our guides.