Ground 12: breach of the tenancy agreement

Ground 12 of Section 8 lets you seek possession when the tenant has broken an obligation of the tenancy other than paying rent, such as a ban on subletting. It is a discretionary ground with a minimum notice period of 2 weeks. You must prove the breach, and the court must also decide that eviction is a reasonable response to it.

What Ground 12 means in plain English

Your tenancy agreement sets out what the tenant must and must not do. If they break one of those terms, or fail to do something it requires, Ground 12 may apply. GOV.UK's own example is subletting without permission, proved by an online listing. The ground covers every obligation except rent, which has its own grounds.

Before choosing Ground 12, check whether a more specific ground fits:

• unpaid or late rent: Ground 8, Ground 10 and Ground 11;
• damage to the property: Ground 13; damage to furniture: Ground 15;
• nuisance or antisocial behaviour: Ground 14.

You can use Ground 12 alongside any of them, and often should, because most agreements also contain clauses about damage and behaviour.

Ground 12 section 8 conditions

You need to show three things:

1. The obligation. A term of the tenancy, usually a clause in the written agreement, that requires or forbids something.
2. The breach. The tenant has broken it or not performed it.
3. Reasonableness. It is reasonable for the court to order possession (see below).

Check that the term still has effect. Since 1 May 2026, every private assured tenancy includes a right for the tenant to ask in writing to keep a pet, and you must not unreasonably refuse. Clauses about fixed terms no longer have any effect either. Our guide to pets under the Renters' Rights Act explains the request process.

How much notice does Ground 12 need?

The minimum is 2 weeks, beginning with the day of service. The question 2.1 date on Form 3A should be the day after it ends. A notice handed to the tenant on Monday 9 November 2026 can give Monday 23 November 2026. If you add grounds with longer notice periods, the longest one sets the date.

There is no other time bar in the ground. You must start proceedings within 12 months of service. The longer you leave a breach without raising it, the weaker your case on reasonableness is likely to be.

What evidence do you need?

• The tenancy agreement, with the clause highlighted.
• Dated evidence of the breach: photos, screenshots of listings, emails, texts, inspection notes and witness statements.
• Copies of any warning letters, showing the tenant knew of the problem and had the chance to put it right.
• Notes from inspections. Our notice of entry template helps you arrange them in writing.
• Your deposit protection certificate and proof you gave the prescribed information.

How to write the Form 3A explanation (question 4.3)

Tick "Ground 12" in question 4.1. In question 4.2, copy the full legal wording of Ground 12 from GOV.UK's legal-wording document. In question 4.3, name the clause, say what the tenant did and when, and say what evidence you hold. The tenant must be able to tell from your particulars what they need to put right. A short sample for a fictional landlord:

Ground 12. Clause 9.3 of the tenancy agreement dated 5 May 2026 says the tenant must not sublet or part with possession of any part of the property without my written consent. Since at least 14 September 2026 the second bedroom has been advertised on a room-letting website and let to a third party. I have not given consent. I wrote to the tenant on 1 October 2026 asking them to end the arrangement, and the room was still advertised on 2 November 2026. Screenshots of the listing and copies of my letters are attached.

What will the court consider?

Ground 12 is discretionary. The court must be satisfied that the breach happened and that it is reasonable to order possession, weighing the interests of you, the tenant and the public. Expect it to look at how serious the breach is, whether it is still going on, whether you warned the tenant, how the tenant responded, and the effect of an order on the household.

The court can adjourn, suspend or postpone an order. A suspended order lets the tenant stay on conditions; if they break them you can apply for a warrant, using form N244 for breaches that are not about payment.

Ground 12 mistakes to avoid

• Vague particulars. "The tenant has breached the tenancy" is not enough. Give the clause, the facts and the dates.
• Using a term that no longer works, such as a fixed-term clause, or a pet ban where you mishandled a written pet request.
• Trivial breaches. Relying on a ground without a reasonable belief that you could get possession breaches the Housing Act 1988. If the tenant then leaves within 4 months without a court order, the council can fine you up to £7,000.
• No warning first. A tenant who was never told about the problem has a strong answer on reasonableness.
• An unprotected deposit, which stops the court making the order.

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

What to do next

Our Section 8 notice builder adds the Ground 12 legal wording, works out the earliest date and gives you an evidence checklist. For the full process, read how to evict a tenant for breach of tenancy, or compare every ground in the Section 8 grounds guide. If the tenant disputes the breach or the case turns on what a clause means, speak to a solicitor.