Ground 13: damage to the property

Ground 13 of Section 8 lets you seek possession when the condition of the home, or the common parts of the building, has deteriorated because of waste, neglect or default by the tenant or someone living with them. It is a discretionary ground with a minimum notice period of 2 weeks. You need to prove the damage and who caused it, and the court must decide that eviction is reasonable.

What Ground 13 means in plain English

Ground 13 is the Section 8 ground for deterioration of the property caused by the tenant or their household: deliberate damage, careless treatment, or neglect that lets it fall into a worse state. It is not about ordinary ageing that nobody caused, and it is not about problems you were responsible for fixing. If damp spread because a roof you are responsible for leaked, that is your repair, not the tenant's neglect.

The ground covers the home itself and the common parts, such as shared hallways and stairs. It covers damage by the tenant and by anyone else living there. If a lodger or sub-tenant caused it, you must also show that the tenant failed to take reasonable steps to remove that person.

For damage to furniture you supplied, use Ground 15 as well. If the damage also breaks a clause in your agreement, add Ground 12.

Ground 13 section 8 conditions

1. Deterioration. The condition of the home or common parts is worse than it was. You show this by comparing a dated record from the start of the tenancy with its condition now.
2. The cause. It happened through waste, neglect or default by the tenant or a person living there.
3. Lodgers and sub-tenants. If one of them is responsible, the tenant did not take reasonable steps to remove them.
4. Reasonableness. It is reasonable to order possession.

How much notice does Ground 13 need?

The minimum is 2 weeks, beginning with the day of service, and the question 2.1 date on Form 3A should be the day after that period ends. A notice handed to the tenant on Wednesday 4 November 2026 can give Wednesday 18 November 2026. If you add a ground with a longer notice period, the longest one sets the date; our notice period calculator checks it for you.

There is no other time bar, but you must start proceedings within 12 months of service.

What evidence do you need?

• The check-in inventory and schedule of condition, ideally signed by the tenant, with photos.
• Dated photos or video of the current condition, taken at an inspection you arranged in writing.
• Repair quotes or invoices from contractors, showing the scale of the damage.
• Correspondence with the tenant about the damage, including any admission or explanation.
• Your own repair records, showing you dealt with the things that were your responsibility.
• Your deposit protection certificate and proof you gave the prescribed information.

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

Tick "Grounds 13/15" in question 4.1. In question 4.2, copy the full legal wording of Ground 13 from GOV.UK's legal-wording document. In question 4.3, compare the condition then and now, room by room, and say who caused it. A short sample for a fictional landlord:

Ground 13. The check-in inventory dated 1 February 2026, signed by the tenant, records the kitchen worktop, flooring and internal doors as in good condition. At my inspection on 20 October 2026 I found two internal doors broken off their hinges, the kitchen worktop burnt in three places and the hallway carpet torn. The tenant told me members of the household caused the damage. Check-in photos, photos from 20 October 2026 and a contractor's quote of £2,350 for repairs are attached.

What will the court consider?

Ground 13 is discretionary. The court must be satisfied that the ground is proved and that ordering possession is reasonable, weighing the interests of you, the tenant and the public. Expect it to consider how serious and costly the damage is, whether it is still getting worse, whether the tenant has offered to repair or pay, and the effect of an order on the household.

Damage claims are easy to dispute. The tenant may say the deterioration is fair use, or counterclaim that you failed to carry out repairs, so your own repair record matters. The court can adjourn, suspend or postpone an order on conditions. Read about defended claims before the hearing.

Ground 13 mistakes to avoid

• No check-in inventory. Without a record of the starting condition, it is your word against the tenant's.
• Blaming the tenant for your repairs. Leaks, damp and failing fixtures you are responsible for will be turned against you.
• Vague particulars such as "the property has been damaged". List the damage and the dates.
• Overlooking Ground 15 when furniture is damaged too.
• 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 legal wording for Grounds 13 and 15 and gives you an evidence checklist. For the full process, read how to evict a tenant for property damage, or see our guide to deposit deductions if you only want the repair costs back. To compare every ground, use the Section 8 grounds guide.