Ground 6 Redevelopment Possession, Landlord Guide

What is Ground 6?

Ground 6 of Schedule 2 to the Housing Act 1988 is a mandatory possession ground that allows a landlord to recover possession of a property where they intend to demolish or reconstruct the property or a substantial part of it, or carry out substantial works on the property or part of it, and the works cannot reasonably be carried out without obtaining possession.

When can Ground 6 be used, conditions

• Demolition or reconstruction: The landlord must intend to demolish or reconstruct the property or a substantial part of it
• Substantial works: Alternatively, the landlord intends to carry out substantial works of construction on the property or part of it
• Works cannot proceed with tenant in place: The landlord must satisfy the court that the intended works cannot reasonably be done without the tenant giving up possession; either because access is required to the whole property, or because carrying out the works with the tenant present is impractical
• Landlord did not buy with sitting tenant for this purpose: Ground 6 is not available if the landlord acquired the interest in the property after the tenancy was granted and the purpose of acquiring that interest was to use Ground 6
• Genuine intention required: The landlord must have a genuine, settled intention to carry out the works, not merely a speculative desire. Courts look for planning permission, architect's drawings, contractor quotes, or other evidence of real planning

Ground 6 notice requirements, from 1 May 2026

• Notice period: 4 months from the date the notice is served
• The notice must specify Ground 6 (and the specific ground wording from Schedule 2) in the Section 8 notice (Form 3A under the Renters' Rights Act 2025)
• The notice must state the earliest date on which possession proceedings can begin
• Service: the notice should be served by a method that creates evidence of delivery; first class post with a certificate of posting, hand delivery with a witness, or tracked post
• The notice must be in the prescribed form, the pre-May 2026 Form 3 is no longer valid for Section 8 notices served on or after 1 May 2026

What counts as 'substantial works'?

The courts have considered this question extensively. Key principles from case law:

• Scale matters: Routine repairs, redecoration, or minor improvements are not sufficient, the works must be substantial in their scope and impact on the structure or layout of the property
• Structural works tend to qualify: Removing internal walls, rewiring throughout, replacing the entire roof, underpinning, or adding extensions are likely to qualify
• Cosmetic works do not: New kitchen units, bathroom fixtures, or redecoration alone will not satisfy Ground 6
• Cannot reasonably be done with tenant in place: Even if works are substantial, Ground 6 fails if they could in practice be done in stages while the tenant remains; for example, room by room works with alternative accommodation available
• Planning permission as evidence: Having planning permission for the works is strong evidence of genuine intention, though not strictly required

Court process for Ground 6 possession

• After the 4-month notice period expires, issue a possession claim in the County Court using Form N5 and the appropriate N119 particulars
• The court will list a hearing, typically 4 to 8 weeks after issue at busy courts
• At the hearing, you must prove: (1) the tenancy exists; (2) the notice was validly served; (3) you intend to carry out the qualifying works; (4) the works cannot reasonably proceed with the tenant in place
• Bring evidence to the hearing: planning permission (if obtained), architect's drawings, contractor quotes, surveyor's report, and any correspondence about the works
• If Ground 6 is proved, the court must grant a possession order, it has no discretion to refuse
• A possession order under a mandatory ground typically requires the tenant to vacate within 14 days (or 42 days in cases of exceptional hardship)

Tenant defences to Ground 6

• The works are not genuinely substantial; for example, landlord is simply redecorating
• The works could reasonably be carried out with the tenant in place, landlord has not considered alternatives
• The landlord lacks genuine intention; no planning, no contractors engaged, no evidence of planning
• The landlord acquired the tenanted property specifically to use Ground 6, this bars the ground entirely
• The Section 8 notice was defective; wrong form, insufficient notice period, or failure to specify the ground correctly
• The works have not yet received planning permission (though this is not an absolute bar, it weakens the landlord's evidence of settled intention)

Ground 6 vs Ground 1A, key differences

• Ground 1A (sale): 4 months' notice; landlord intends to sell with vacant possession; 12-month re-let prohibition applies
• Ground 6 (redevelopment): 4 months' notice; landlord intends to carry out qualifying works; no statutory 12-month re-let prohibition (but beware compensation claims if works are not done)
• Use Ground 1A if you intend to sell, courts are more familiar with it and evidence requirements are clearer
• Use Ground 6 if you intend to retain and redevelop, but ensure you have solid evidence of genuine plans before issuing the Section 8 notice

LetSafe UK documents for Ground 6 cases

• Section 8 Notice (LS-E-010): The Renters' Rights Act 2025-compliant Form 3A, the only valid Section 8 notice for England residential lets from 1 May 2026. Includes prescribed wording for Ground 6