Ground 13 — waste, neglect, default and notice requirements
Ground 13 HA 1988 Schedule 2: the condition of the dwelling (or common parts, or furniture in furnished lettings) has deteriorated owing to (a) waste (voluntary waste: active damage; permissive waste: allowing preventable deterioration); (b) neglect (failure to take proper care of the property beyond normal expectations of a tenant); or (c) default (breach of a specific tenancy obligation about care of the property or furniture). Section 8 notice: minimum 2 weeks' notice specifying Ground 13. From 1 May 2026 in England (RRA 2025): new prescribed notice replaces Section 8 form; 2-week minimum retained; Ground 13 is retained as a discretionary ground.
- Furniture limb: Ground 13 covers furnished tenancies — deterioration of landlord-provided furniture (carpets; appliances; white goods; furniture) owing to waste, neglect or default is separately actionable from deterioration of the dwelling itself
- Fair wear and tear: NOT Ground 13 — normal deterioration through reasonable occupation (ageing carpets; faded décor; wear on fixtures from everyday use) cannot found the ground; the deterioration must go beyond normal use
- DISCRETIONARY: court considers reasonableness — severity of damage; whether damage is ongoing; tenant's personal circumstances (disability; young children); whether landlord gave opportunity to remedy; proportionality of possession as remedy
- Ground 13 vs Ground 12 (covenant breach): Ground 12 covers breach of any tenancy covenant — Ground 13 specifically targets physical deterioration; both may be pleaded in the same claim where the damage is both a covenant breach and physical deterioration
Evidence requirements, Scotland, Wales and NI
Evidence is critical — without strong documentation, Ground 13 claims regularly fail. Required: (1) check-in inventory and schedule of condition signed at tenancy start (showing baseline condition); (2) check-out inventory (showing current condition with comparison); (3) dated photographs at check-in and check-out; (4) professional schedule of dilapidations (surveyor or specialist inventory clerk); (5) contractor quotes for remediation; (6) correspondence with tenant about condition; (7) any admission by tenant of responsibility. Courts compare baseline with current condition — without check-in documentation, proving the deterioration is attributable to the tenant is very difficult.
- Ground 13 in practice: less commonly used as sole ground than arrears grounds; often combined with Ground 12 (covenant breach) in the same Section 8 notice; landlords sometimes prefer deposit deductions and civil dilapidations claims rather than possession proceedings
- RRA 2025 post-May 2026 significance: with Section 21 abolished, Ground 13 becomes more important as a route to recover possession where tenants have caused significant property damage — previously landlords sometimes served Section 21 rather than dealing with damage claims through the court
- Scotland: PRT Ground 15 (breach of tenancy agreement) — covers tenant obligations about care and use of the property; First-tier Tribunal (Housing and Property Chamber) adjudicates; discretionary
- Wales: RHWA 2016 occupation contracts — landlord can seek possession for breach of contract-holder obligations relating to care of the property; 4 weeks' notice typically required for breach capable of remedy; County Court adjudicates; NI: PT(NI)O 2006 allows possession for damage and breach of tenancy obligations; notices-to-quit with grounds; court discretion applies