The key distinction in Ground 13 cases is between deterioration caused by the tenant's waste, neglect or default — which can found the ground — and fair wear and tear from normal occupation, which cannot. All tenanted properties deteriorate over time through normal use, and landlords must accept this as part of letting. However, where a tenant has caused damage through deliberate acts, carelessness, or failure to take care of the property beyond the normal expectations of a tenant, this may constitute the neglect or default required for Ground 13.
Ground 13 is relatively rarely used as a sole ground for possession compared with arrears grounds. This is partly because deterioration claims are evidence-intensive and discretionary, and partly because landlords often have other remedies available (deposit deductions for damage; civil claims for dilapidations) that do not require obtaining a possession order. However, where the deterioration is severe and ongoing, and the landlord wishes to recover the property, Ground 13 combined with other grounds (such as Ground 12 for covenant breach) can be a viable route.
Ground 13 — the legal test, notice requirements and what the court considers
The elements required to establish Ground 13 and how the court exercises its discretion:
- The three elements of Ground 13 — waste, neglect and default: Ground 13 requires that the deterioration is attributable to: (a) Waste: a legal concept covering voluntary waste (active damage — the tenant deliberately damages the property or fixtures; for example: breaking windows; knocking down walls; causing fire damage through carelessness) and permissive waste (allowing the property to fall into disrepair through inaction — failing to prevent water ingress through broken tiles the tenant is responsible for; allowing a gas or water leak to continue without reporting it); (b) Neglect: failing to take proper care of the property beyond the normal expectations of a tenant — for example, allowing mould and damp to develop by failing to ventilate (though landlords must be cautious — structural damp is usually the landlord's responsibility under s.11 LTA 1985; condensation damp from lifestyle can be attributed to tenant neglect in some cases); failing to maintain a garden where the tenancy agreement requires it; (c) Default: breach of a specific obligation in the tenancy agreement relating to the care and use of the property — for example, breach of a clause requiring the tenant to keep the property clean and in good repair, or subletting to a sub-tenant who has caused damage. Furniture ground (second limb): where the tenancy is furnished, Ground 13 also applies to deterioration of the furniture provided by the landlord. This includes white goods, appliances, carpets, curtains, and furniture items specified in the tenancy agreement or inventory. Notice: Section 8 Notice Seeking Possession specifying Ground 13; minimum notice period 2 weeks. From 1 May 2026 in England (RRA 2025): the Section 8 form is replaced by a new prescribed notice; the 2-week minimum notice for Ground 13 equivalent is retained under the new regime. Ground 13 is retained as a discretionary ground under the Renters' Rights Act 2025.
- Court discretion, what is and is not Ground 13, and evidence requirements: Discretionary nature: unlike mandatory grounds (Ground 8 serious arrears; Ground 2 mortgagee possession), the court has full discretion to refuse possession even where Ground 13 is made out — the court must be satisfied that it is 'reasonable' to make the order. Reasonableness factors the court will consider: (a) severity and extent of the deterioration — minor damage unlikely to justify possession; the deterioration must be significant; (b) whether the damage is ongoing or has ceased; (c) the tenant's personal circumstances (vulnerability; disability; whether they have young children); (d) whether the landlord has given the tenant an opportunity to remedy the damage; (e) whether there has been a warning before the notice was served; (f) the proportionality of possession as a remedy given the extent of the damage. What is NOT Ground 13: fair wear and tear — all properties deteriorate through normal occupation; the ordinary ageing of carpets, décor, and fixtures through reasonable use is not Ground 13; landlords cannot claim possession because a property looks worn after 5 years of normal use. Evidence required to support Ground 13: (1) inventory and schedule of condition signed at check-in (showing condition of dwelling and furniture at start of tenancy); (2) check-out inventory (showing condition at time of claim); (3) dated photographs comparing condition at check-in and check-out; (4) professional schedule of dilapidations prepared by a surveyor or inventory clerk; (5) specialist contractor quotes for remediation of damage; (6) correspondence with tenant about the condition of the property; (7) any admission by the tenant of responsibility for damage. Without a detailed check-in inventory and dated photographs, Ground 13 claims are very difficult to establish in court
RRA 2025 changes, Scotland, Wales and NI
How Ground 13 operates under the Renters' Rights Act 2025 and across the devolved nations:
- RRA 2025 (England from 1 May 2026) — Ground 13 retained and notice procedure: The Renters' Rights Act 2025 abolished Section 21 and new fixed-term ASTs in England from 1 May 2026. Ground 13 (deterioration of dwelling or furniture) is retained as a discretionary possession ground under the new regime. Key changes under RRA 2025: (a) Notice form: the Section 8 Notice Seeking Possession is replaced by a new prescribed notice under the RRA 2025 framework from 1 May 2026; (b) Notice period: 2-week minimum notice for Ground 13 is retained; (c) Hearing: the claim remains a standard possession claim requiring a court hearing — Ground 13 is not a mandatory ground and cannot proceed on the accelerated procedure; (d) The discretionary nature of the ground is unchanged — the court still assesses reasonableness; (e) Transitional provisions: for tenancies that were ASTs before 1 May 2026, the existing Section 8 notice procedure continues to apply for Section 8 notices served before the commencement date — check the transitional provisions if serving notice around the commencement date. Practical advice post-RRA 2025: as Section 21 is no longer available in England from 1 May 2026, landlords dealing with serious property damage who previously might have served a Section 21 notice as a clean alternative to Ground 13 must now use the mandatory or discretionary grounds available. Ground 13 (or Ground 12 for breach of covenant) becomes more important as a route for landlords to recover possession where tenants have caused significant property damage
- Scotland, Wales and Northern Ireland — equivalent grounds: Scotland: the Private Residential Tenancy (PRT) under the Private Housing (Tenancies) (Scotland) Act 2016 has 18 grounds for eviction. The nearest equivalent to Ground 13 is Ground 15: the landlord reasonably believes the tenant is not complying with the tenancy agreement's obligations relating to the care and use of the property — covering damage and neglect. As with the English discretionary grounds, the First-tier Tribunal (Housing and Property Chamber) has discretion whether to grant the notice to leave. Scotland does not have the same structured Schedule 2 ground framework as England and Wales; the PRT grounds are different in structure and some in substance. Landlords should seek Scottish-specific legal advice for deterioration claims under PRT. Wales: Welsh tenancies from 1 December 2022 are Welsh Occupation Contracts under the Renting Homes (Wales) Act 2016. The RHWA 2016 provides contract-holder occupation contract terms and landlord enforcement routes through the County Court. Deterioration claims in Wales follow the occupation contract framework rather than the HA 1988 Schedule 2 grounds — breach of contract-holder obligations relating to care of the property can found a possession claim; 4 weeks' notice typically required for breach that is capable of remedy. Northern Ireland: the Private Tenancies (NI) Order 2006 provides for possession on grounds including breach of tenancy obligations and damage to property. No direct equivalent to HA 1988 Schedule 2 Ground 13 but similar principles apply; notices-to-quit with appropriate specified grounds can be served; court discretion applies
Frequently asked questions
What is Ground 13 and when can I use it to evict a tenant?+
Ground 13 of Schedule 2 to the Housing Act 1988 is a discretionary possession ground that applies where the condition of the rental property (or, in furnished tenancies, the furniture provided) has deteriorated owing to the waste, neglect or default of the tenant or any sub-tenant. To use Ground 13, you must serve a Section 8 notice specifying the ground with a minimum 2 weeks' notice, then make a possession claim. Because it is discretionary, the court must decide whether it is reasonable to grant possession — it is not automatic even if the ground is proved. Strong contemporaneous evidence (check-in and check-out inventories; dated photographs; professional schedule of dilapidations) is essential.
Is fair wear and tear sufficient to claim possession under Ground 13?+
No. Fair wear and tear — the normal deterioration of a property and its fixtures through reasonable occupation over time — does not constitute waste, neglect or default and cannot found a Ground 13 claim. The deterioration must go beyond normal occupation use: it must result from active damage by the tenant, failure to take proper care of the property, or breach of a specific tenancy obligation about care. An ageing carpet or faded décor after several years of normal use is not Ground 13; deliberate damage to fixtures or failure to report and address a preventable leak that causes significant damage may be.
Does Ground 13 still apply after the Renters' Rights Act 2025?+
Yes. Ground 13 (deterioration of dwelling or furniture) is retained as a discretionary possession ground under the Renters' Rights Act 2025. The Act abolished Section 21 and new fixed-term ASTs in England from 1 May 2026, but all the mandatory and discretionary grounds in Schedule 2 to the Housing Act 1988 remain available. The Section 8 notice form is replaced by a new prescribed notice under the RRA 2025 framework, but the 2-week minimum notice period for Ground 13 is retained and the discretionary nature of the ground is unchanged.
What evidence do I need for a Ground 13 possession claim?+
The most important evidence is a detailed check-in inventory and schedule of condition (with photographs) signed at the start of the tenancy, and a matching check-out inventory at the time of the claim or at termination. Without these, it is very difficult to establish what condition the property was in at the outset and therefore to prove that the deterioration exceeds normal wear and tear. Additional evidence includes: dated photographs showing the current condition; a professional schedule of dilapidations prepared by a surveyor or specialist inventory clerk; contractor quotes for remediation; and any correspondence with the tenant acknowledging the damage. A claim without good documentation is likely to fail in the discretionary exercise.
- Section 8 notice — grounds, notice periods and court process →
- Ground 12 — breach of tenancy covenant →
- Tenant property damage — deposit deductions and civil claims →
- Deposit deductions — fair wear and tear and allowable deductions →
- Property inventory — check-in and check-out procedure →
- Renters' Rights Act 2025 — what landlords need to know →