Ground 6 Possession — Landlord Redevelopment & Demolition UK 2026

What are the Ground 6 conditions?

A landlord can rely on Ground 6 only where all of the following are satisfied:

• Genuine intention: The landlord intends to demolish or reconstruct the property, or carry out substantial works of construction on it or on a part of it
• Incompatible with occupation: The works cannot reasonably be carried out without obtaining possession — for example because the tenant would need to vacate or the structural work affects the entire dwelling
• Not a tenancy created by the landlord: The tenancy must not have been granted by the landlord who now seeks possession — this prevents landlords from granting a tenancy with the immediate intent of evicting under Ground 6
• Not served in the first 12 months: Under the RRA 2025, a Ground 6 notice cannot take effect before the first 12 months of the tenancy have expired
• Correct notice form and period: The landlord must serve a Notice to Seek Possession on the prescribed form (Form 3) with at least 4 months' notice (increased from 2 months by RRA 2025)

What counts as 'substantial works'?

The courts apply a fact-specific test to determine whether works are substantial enough to justify Ground 6:

• Full demolition: Always qualifies — the building will cease to exist in its current form
• Full reconstruction: Rebuilding the structure from the ground up qualifies
• Substantial structural works: Works that affect load-bearing elements, foundations, or the structural envelope of the property (e.g., removing internal walls, underpinning, full roof replacement) have been accepted by courts
• Refurbishment or redecoration alone: Does NOT qualify — the works must be structural or involve significant alteration, not merely cosmetic improvement
• Extension or loft conversion: Likely to qualify where the works require the whole dwelling to be vacated and cannot be phased around an occupying tenant
• The landlord must provide written evidence of the intended works at the outset — planning permission, architect's drawings, or a structural engineer's report will all assist in establishing genuine intention

Notice requirements under RRA 2025

The procedure for serving a valid Ground 6 notice changed on 1 May 2026:

• Form: Notice to Seek Possession (Form 3) — use the version updated for RRA 2025 provisions
• Notice period: At least 4 months (increased from 2 months pre-RRA 2025). The notice must specify the date after which proceedings may be issued — this date must be at least 4 months after the notice is served
• Earliest effective date: The notice cannot take effect within the first 12 months of the tenancy start date. If a notice is served before the 12-month anniversary, the 4-month period runs from the point at which service is lawful
• Service: The notice must be served on all joint tenants if there is a joint tenancy. Service by first class post is deemed served on the second working day after posting
• Electronic service: Permitted only if the tenancy agreement expressly authorises electronic service and the tenant has provided a valid email address for this purpose (see Section 196 LPA 1925)

Tenant protections and relocation assistance

The RRA 2025 introduced enhanced tenant protections for Ground 6 possession:

• 12-month moratorium: The landlord cannot serve a Ground 6 notice within the first 12 months of the tenancy. This gives tenants a minimum period of security before redevelopment possession can be sought
• No re-letting within 12 months: If possession is obtained on Ground 6, the landlord cannot re-let the property (in a different form after works) for at least 12 months without offering the original tenant the right of first refusal at the market rent. Breach of this is a civil penalty offence
• Right to challenge: Tenants can oppose the proceedings in the County Court by challenging whether the works are genuine, substantial, or whether they truly cannot be carried out with the tenant in occupation
• No automatic relocation payment: Unlike some European jurisdictions, English law does not require landlords to pay a relocation allowance under Ground 6 — but social housing landlords have separate obligations
• Where a tenant is in receipt of Local Housing Allowance and faces Ground 6 possession, the local authority has a duty to assess housing need and may intervene

Ground 6 vs other redevelopment routes

Landlords should consider alternatives and combinations:

• Ground 6 vs surrender: A negotiated surrender (cash for keys) is often quicker and cheaper than Ground 6 proceedings, which can take 6–12 months through the court
• Ground 6 vs break clause: Tenancy agreements under the RRA 2025 cannot include landlord break clauses. A contractual break clause served before 1 May 2026 may still be valid, but legal advice should be taken
• Planning permission first: Landlords are strongly advised to obtain planning permission before serving notice — courts have rejected Ground 6 claims where works were speculative or planning was not yet granted
• Timing: Given the 4-month notice period plus court listing times (typically 4–8 months), Ground 6 proceedings in 2026 should be initiated at least 12 months before the intended start date of works
• Costs: County Court possession proceedings on Ground 6 typically cost £500–£2,000 in court and legal fees for an uncontested case. Contested proceedings can cost significantly more

Practical checklist for landlords using Ground 6

Before serving a Ground 6 notice, confirm all of the following:

• The tenancy is at least 12 months old (or will be by the time the notice takes effect)
• You have genuine, documented intention to carry out demolition, reconstruction, or substantial structural works
• You hold or have applied for planning permission (if required)
• You have an architect's report, structural engineer's report, or contractor's plans evidencing the works
• The works cannot reasonably be phased or scheduled around an occupying tenant
• You are using the correct post-RRA 2025 Form 3 and giving at least 4 months' notice
• You have sought legal advice if the tenant is likely to contest the notice

Frequently asked questions