Ground 17: tenancy obtained by a false statement
Ground 17 section 8 explained: when a tenant's lie on the application justifies possession, the 2-week notice, the evidence you need and a Form 3A sample.
Updated 25 October 2026Checked against legislation 25 October 2026England only
Key points
- Ground 17 applies when you were induced to grant the tenancy by a false statement made knowingly or recklessly by the tenant, or by someone acting at the tenant's instigation.
- The tenant must be the original tenant, or one of them, so it cannot be used against someone who took over the tenancy later.
- It is a discretionary ground with a minimum notice period of 2 weeks.
- An honest mistake on an application is not enough; the statement must have been made knowingly or recklessly.
- Ground
- 17
- Type
- Discretionary (the court decides if it is reasonable)
- Minimum notice
- 2 weeks
- Usable in the first 12 months
- Yes
- Evidence to gather
- Application form and references
- Proof the statement was false
Ground 17 of Section 8 lets you seek possession when the tenant got the tenancy by lying: you were induced to grant it by a false statement made knowingly or recklessly by the tenant, or by someone acting at their instigation. It is a discretionary ground with a minimum notice period of 2 weeks. You must prove the lie and that it made a difference to your decision, and the court must decide that eviction is reasonable.
What Ground 17 means in plain English
When you choose a tenant you rely on what they tell you: their job, income, previous landlords and references. If that information was deliberately or recklessly false and it led you to grant the tenancy, Ground 17 may apply. Typical examples are a fake employment reference, invented income or a friend posing as a previous landlord.
Ground 17 section 8 conditions
You must prove each of these:
- Original tenant. The tenant is the person, or one of the people, to whom you granted the tenancy. It does not cover someone who later took it over.
- A false statement. Something the tenant said or supplied was untrue.
- Knowingly or recklessly. They knew it was false, or did not care whether it was true. An honest mistake does not count.
- Who made it. The tenant made it, or someone acting at the tenant's instigation did, such as a referee the tenant put up to it.
- Inducement. The statement led you to grant the tenancy.
- Reasonableness. It is reasonable to order possession.
Be careful about what the statement concerned. Since 1 May 2026 you must not refuse tenants because they have children or claim benefits (subject to narrow exceptions), although you can still take affordability into account. Arguing that a false statement on one of those points induced you to let is difficult. Read our guide to the discrimination ban, and take advice from a solicitor if your case touches on it.
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 · £39How much notice does Ground 17 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 the period ends. A notice handed to the tenant on Monday 9 November 2026 can give Monday 23 November 2026. If you post it, work from the day it will actually reach the tenant. Our guide to serving a Section 8 notice covers the methods and proof of service.
There is no deadline in the ground after you discover the lie, but you must start proceedings within 12 months of service. Acting promptly also helps on reasonableness.
What evidence do you need?
- The tenant's application form and any documents they supplied, such as payslips, bank statements or ID.
- The references you received and the referencing report, if you used an agency.
- Proof the statement was false: written confirmation from the employer or previous landlord, or documents that contradict what you were told.
- Evidence that you relied on it: notes of how you assessed the application and why you accepted it.
- When and how you found out the truth.
- Your deposit protection certificate and proof you gave the prescribed information.
How to write the Form 3A explanation (question 4.3)
There is no tick box for Ground 17 in question 4.1, so tick "Other". In question 4.2, copy the full legal wording of the ground from GOV.UK's legal-wording document. In question 4.3, say what the tenant stated, why it was false, how you relied on it and how you found out. A short sample for a fictional landlord:
Ground 17. In his application dated 2 April 2026, the tenant stated that he had worked full time for Anytown Freight Ltd since 2022 on a salary of £38,000, and supplied a reference letter on that company's letterhead. I relied on that information to assess affordability and granted the tenancy on 4 May 2026. On 14 October 2026 the company confirmed in writing that he has never worked for it and that it did not issue the letter. Copies of the application, the reference letter and the company's email are attached.
What will the court consider?
Ground 17 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 the lie was, how central it was to your decision, how the tenant has behaved since (for example, whether the rent has been paid), how long ago the tenancy began and the effect of an order on the household. It can adjourn, suspend or postpone an order on conditions.
Ground 17 mistakes to avoid
- Honest errors. A wrong date or a misremembered figure is not a knowing or reckless false statement.
- No reliance. If you didn't check or care about the point at the time, it is hard to say it induced the tenancy.
- The wrong tenant. The ground does not reach someone who took the tenancy over from the original tenant.
- Statements about children or benefits, which you were not allowed to base your decision on.
- Waiting months after you found out while carrying on as normal, which weakens the case 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 17 legal wording and works out the earliest date. If the tenant has also broken the agreement or fallen into arrears, look at Ground 12 and the rent grounds too, and see how discretionary grounds are decided in mandatory vs discretionary grounds. To compare every option, use the Section 8 grounds guide.
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
Does Ground 17 apply if the tenant's referee or guarantor lied?
Only if that person was acting at the tenant's instigation, for example a friend who posed as an employer because the tenant asked them to. A false statement made by someone acting entirely on their own does not fit the ground.
The tenant has paid rent on time since moving in. Can I still use Ground 17?
You can still prove the ground, because it is about how the tenancy was obtained. But the court decides whether an order is reasonable, and a good record since the start of the tenancy is likely to count in the tenant's favour.
Can I use Ground 17 against someone who took over the tenancy?
No. The tenant must be the person, or one of the people, to whom the tenancy was originally granted. A successor or someone the tenancy was later passed to is outside the ground.
Is lying about income a false statement under Ground 17?
It can be, if the tenant knew it was false or was reckless about it and it led you to grant the tenancy. You are allowed to take affordability into account when choosing a tenant, so a false statement about income can be relevant in a way that statements about children or benefits are not.
Sources
Related guides
Mandatory vs discretionary Section 8 grounds
Mandatory and discretionary grounds for possession explained: what the court must do, what it weighs up, which Section 8 grounds are which, and when to mix.
Ban on 'No DSS' and 'no children' lettings
The Renters' Rights Act discrimination ban on 'No DSS' and 'no children' lettings: what's banned, what you can still check, and the £7,000 penalty.
Ground 12: breach of the tenancy agreement
Ground 12 section 8 explained: which breaches of tenancy count, the 2-week notice period, the evidence you need and a sample Form 3A explanation to adapt.
Form 3A: the Section 8 notice form explained
Form 3A is the Section 8 notice form private landlords in England must use from 1 May 2026. Where to get it, what each part asks, and why Form 3 now fails.
How to serve a Section 8 notice
How to serve a Section 8 notice in England: by hand, at the property, by post or by email, how service affects your dates, and how to prove it with form N215.
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.