What is Ground 12 and what breaches trigger it?
Ground 12 applies where any obligation of the tenancy — other than the obligation to pay rent — has been broken or not performed. Common breaches include keeping a pet without consent, subletting without consent, business use, and unauthorised alterations.
- Keeping a pet in breach of a no-pets clause: one of the most common Ground 12 breaches. Note that under the RRA 2025 the tenant has a right to make a written request to keep a pet which the landlord cannot unreasonably refuse — but a tenant who keeps a pet without making the required request remains in breach
- Subletting or assigning without consent: a tenant who sub-lets to a third party or lists the property on Airbnb without the landlord's written consent is in breach. Evidence: screenshots of the listing, inspection reports showing different occupiers, post addressed to unknown persons
- Using the property for business purposes: a residential-use-only covenant prevents the tenant running a business from the property. Working from home is not in itself a breach; commercial clients attending the property, business vehicles, or signage may cross the line
- Unauthorised structural alterations: making structural changes (removing a wall, converting a room) without consent breaches an alteration covenant. Ground 12 may apply alongside a reinstatement claim
- Multiple breaches: where there is more than one covenant breach, plead all of them in the notice. The court considers the overall pattern of the tenant's conduct when assessing reasonableness
Notice requirements for Ground 12 under the Renters' Rights Act 2025
Under the RRA 2025 (in force 1 May 2026), the prescribed possession notice replaced the old Section 8 notice. The 2-week minimum notice period for Ground 12 is preserved but the prescribed form and content requirements have changed.
- 2-week minimum notice period: the prescribed possession notice for Ground 12 must give at least 2 weeks' notice. A notice giving fewer than 14 days is invalid. Add 2 additional business days for postal service if served by first-class post
- Particulars of the breach: specify which clause is breached, how it has been breached, and on what dates or over what period. A vague reference to 'breach of tenancy obligations' is insufficient and may invalidate the notice
- Reserve the right to rely on the breach even if remedied: include a statement that the landlord reserves the right to rely on the past breach even if subsequently remedied. Without this, the court may decline if the breach is remedied before the hearing
- Pre-notice written warning: before issuing the possession notice, serve a formal written warning specifying the breach and requiring remedy within a reasonable time. This demonstrates proportionality and is important evidence at the reasonableness stage
- Proof of service: keep evidence of service — a witness statement of personal service or a certificate of first-class posting. The court will require this evidence if the tenant denies receipt
Evidence required for a Ground 12 possession claim
Ground 12 is discretionary — the landlord must both prove the breach and persuade the court that it is reasonable to make a possession order. Strong, contemporaneous evidence is essential on both counts.
- The tenancy agreement: produce the signed agreement and highlight the specific clause breached. The court must see the obligation clearly before it can find a breach
- Evidence of the breach: inspection reports with timestamped photographs; Airbnb or SpareRoom screenshots; photographs of the pet, alteration, or business activity; planning enforcement notices; neighbour statements about unusual activity
- Written warnings and the tenant's response: produce copies of written warnings, the tenant's response (or non-response), and follow-up correspondence. This demonstrates the breach was drawn to the tenant's attention and they failed or refused to comply
- Suspended possession order: where the breach has been remedied before the hearing, the court may make a suspended possession order — suspended on condition the covenant is observed. If the tenant breaches again, the landlord can apply to enforce without issuing a fresh notice or claim
Ground 12 vs Ground 14 — choosing between covenant breach and anti-social behaviour
Where a tenant's breach of covenant also involves conduct affecting neighbours or amounting to nuisance, both Ground 12 and Ground 14 (anti-social behaviour) may be available. Pleading both maximises the landlord's options.
- Ground 14 (ASB) — immediate court access: under the RRA 2025, a Ground 14 notice allows the landlord to apply to court immediately from the notice date — no waiting period. This is a significant speed advantage for serious, ongoing ASB
- When only Ground 12 applies — purely contractual breaches: a subletting clause breach, pets clause breach, business use clause breach, or alteration clause breach — with no ASB dimension — only Ground 12 is available. The 2-week notice period must expire before proceedings can be issued
- Overlap — noise covenant breach that is also nuisance: where the tenant plays loud music in breach of a quiet enjoyment covenant AND the noise causes nuisance to neighbours, plead both Ground 12 and Ground 14. The Ground 14 provision allows immediate court access; Ground 12 strengthens the overall evidence of conduct
- Reasonableness applies to both: both Ground 12 and Ground 14 are discretionary. Evidence of repeated warnings, documented breach history, and the landlord's proportionate response is relevant to the court's assessment of reasonableness under both grounds