Ground 6A was introduced by the Renters' Rights Act 2025 and became operative on 1 May 2026. It gives landlords who are legally required by the Building Safety Act 2022 to carry out remediation works — and where those works require vacant possession — a mandatory route to recover possession. Unlike discretionary grounds, the court must grant a possession order once Ground 6A is established.
Building safety remediation orders require landlords to fix structural defects, dangerous cladding, and other life-safety issues in residential buildings. Most remediation works cannot be safely carried out with tenants in occupation. Ground 6A gives landlords a lawful possession route without having to use a ground that wasn't designed for this purpose.
The qualifying triggers for Ground 6A
- Remediation order (s.123 Building Safety Act 2022): A court order requiring the responsible person to remedy specified defects in a higher-risk building
- Remediation contribution order (s.124 Building Safety Act 2022): An order requiring a landlord company or associated person to contribute to remediation costs
- Building liability order (s.130 Building Safety Act 2022): An order extending building-safety liability to associated companies
- First-tier Tribunal works order: A Tribunal order for works of a building-safety nature under the Landlord and Tenant Act 1985 or the Housing Act 2004, where works cannot reasonably be carried out with the property occupied
- In all cases, the works must be of a nature that cannot reasonably be carried out while the tenant continues to occupy the property — this is a required element that the court will test
Ground 6A vs Ground 6: which applies?
| Ground 6 | Ground 6A | |
|---|---|---|
| Type | Mandatory | Mandatory |
| Trigger | Landlord's genuine intention to demolish, reconstruct, or carry out substantial works | Works legally compelled by a Building Safety Act 2022 order or equivalent Tribunal order |
| Legal order required? | No | Yes — specific statutory trigger required |
| Notice period | 2 months (standard Section 8) | 4 months |
| Protected tenancy period | None | None |
| Re-let restriction | 1 year | 2 years |
| Tenant right of return? | No | Yes — outgoing tenant has right of first refusal |
Evidence bundle for a Ground 6A claim
- Sealed copy of the remediation order, contribution order, or building liability order from the court
- Surveyor's or structural engineer's report confirming works cannot be carried out with the property occupied
- Contractor's programme of works showing timeline and nature of the remediation
- Correspondence with the relevant regulatory authority (HSE, local authority, First-tier Tribunal) confirming scope and urgency
- Any planning or building control approvals already obtained for the works
- Evidence of alternative accommodation arrangements (not legally required, but assists the court)
The 2-year re-let restriction and tenant right of return
Ground 6A carries the strictest re-let restriction of any Section 8 ground — 2 years from the date the tenant vacates. During this period:
- Permitted: Carrying out the remediation works, occupying yourself, leaving the property vacant, offering the property back to the outgoing tenant on the same or improved terms
- Not permitted: Re-letting to a new tenant, advertising the property to let, granting a new tenancy (including to a connected person) that circumvents the restriction
- Outgoing tenant's right of return: The tenant has a statutory right to be offered the property back on their original terms once the works are complete, before any new tenancy is offered to anyone else. Failure to honour this right is a civil penalty offence
- Breach of the re-let restriction attracts a civil penalty up to £40,000 enforced by the local authority
The 2-year restriction runs from the day the tenant vacates — not from when works start or finish. Set a calendar reminder for 24 months after the tenancy ends so you know when you are free to re-let. Do not begin remarketing before this date even if works have long been completed.