Ground 7: Tenancy Devolved Under Will or Intestacy — MANDATORY Possession — Critical 12-Month Window from Death — Does NOT Apply to s.17 Statutory Succession (Spouse/Civil Partner/Cohabitant Who Was Living in Property)

Landlord Ground 7 Inherited Tenancy UK 2026 — Mandatory Possession Where Tenancy Devolved Under Will or Intestacy

Ground 7 HA 1988 Schedule 2 (mandatory): possession available where tenancy devolved under the deceased tenant's will or intestacy. Proceedings must be issued within 12 months of death (or 12 months of landlord's knowledge of death). Does NOT apply where statutory succession under HA 1988 s.17 occurs (surviving spouse/civil partner/cohabitant living in property as only/main home succeeds automatically as new tenant). MANDATORY: court must grant possession if conditions met within time limit. RRA 2025: Ground 7 retained.

10 min readUpdated 7 June 2026Last reviewed: 17 May 2026possessionground-7inherited-tenancydeath-of-tenant

Ground 7 conditions and 12-month time limit

Ground 7 (mandatory): tenancy devolved under will or intestacy; proceedings within 12 months of death (or 12 months of landlord's knowledge of death). Hard deadline — loss of Ground 7 if time limit missed. 2-month Section 8 notice minimum.

Statutory succession (s.17) — when Ground 7 does not apply

HA 1988 s.17: surviving spouse/civil partner/cohabitant occupying as only/main home immediately before death succeeds automatically by operation of law — Ground 7 does not apply. One succession only: no further s.17 succession after the successor's own death — Ground 7 then available. Adult children: not qualifying persons for s.17.

Rent on the estate and devolved positions

Rent accrues as estate liability during continuation; write to personal representative promptly; unpaid rent = arrears ground supplements Ground 7. Scotland: PRT executor 6 months to deal with tenancy. Wales: RHWA 2016 succession (priority/reserve successors). NI: PT(NI)O 2006.

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Ground 10: Some Arrears at Notice Date AND Hearing Date — Discretionary Possession — Any Amount Qualifies — No Minimum Unlike Ground 8 — 2-Week Section 8 Notice — Plead with Grounds 8 and 11

Landlord Ground 10 Rent Arrears UK 2026 — Discretionary Possession for Some Arrears at Notice and Hearing Dates

Ground 10 HA 1988 Schedule 2: discretionary possession ground where some rent is lawfully due and in arrears at both the Section 8 notice date and the court hearing date. Unlike mandatory Ground 8 (requires 8+ weeks/2 months and court must grant possession), Ground 10 applies to any arrears amount and is discretionary. Best practice: plead Grounds 8, 10 and 11 together for belt-and-braces coverage of all arrears scenarios. RRA 2025: Ground 10 retained as discretionary.

Ground 11: Persistent Delay in Paying Rent — No Arrears Required at Notice or Hearing — Captures Habitual Lateness Pattern — 2-Week Notice — Plead with Grounds 8 and 10 for Full Arrears Coverage

Landlord Ground 11 Persistent Delay in Paying Rent UK 2026 — Discretionary Possession for Habitual Late Payment

Ground 11 HA 1988 Schedule 2: discretionary possession for persistent delay in paying rent whether or not arrears are outstanding when proceedings begin. Unlike Ground 10 (arrears required at both notice and hearing dates), Ground 11 targets the pattern of habitual lateness. Evidence: detailed rent ledger showing dates due vs dates received. DISCRETIONARY: court considers frequency, length of delay, improving trend, tenant's circumstances. Best practice: plead Grounds 8, 10 and 11 together. Scotland: PRT Ground 13. RRA 2025: Ground 11 retained.

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How to issue a possession claim online via PCOL in 2026 after the abolition of Section 21 under the Renters' Rights Act 2025; Section 8 mandatory grounds (Ground 8, 8a, 1, 6); N5 form; court fees; hearing process; outright and suspended possession orders; warrant of possession; county court bailiff and High Court Enforcement Officer enforcement.

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