Ground 13 · DiscretionaryUpdated June 2026

Section 8 Ground 13 Property Deterioration —Landlord Guide England & Wales 2026

Section 8 Ground 13 allows landlords in England and Wales to seek possession when a tenant has allowed the condition of the property to deteriorate through neglect or default. This guide explains the legal test, what evidence courts require, the notice procedure, and how to generate a valid Form 3A online.

Ground 13 at a glance

Ground13
TypeDiscretionary
Notice period4 weeks minimum
Protected periodNone
Form requiredForm 3A (not Form 3)
Applies inEngland & Wales
Court discretionYes — must be reasonable
✓ Housing Act 1988 Schedule 2 Ground 13✓ Discretionary ground — evidence is critical✓ New Form 3A required from May 2026✓ England & Wales
Last updated: June 2026Reviewed by: OfficeDraft Legal TeamLegislation: Housing Act 1988, Schedule 2, Ground 13
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Ground 13 is discretionary. Even if you prove the ground, the court can refuse possession if it considers it unreasonable to grant it. Evidence quality is critical. Landlords who proceed without strong documentation — especially a signed inventory and photographs — frequently fail at court.

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Select Ground 13 in the tool below. The 4-week notice period will be calculated automatically from your service date.

Select possession ground

Choose the legal reason you are seeking possession.

MANDATORY

Court must grant possession if ground is proven

DISCRETIONARY

Court decides whether to grant possession

What is Section 8 Ground 13?

Ground 13 is a discretionary possession ground under Schedule 2 of the Housing Act 1988. It applies when:

  • the condition of a dwelling-house or any of the common parts has deteriorated, and
  • the deterioration is due to acts of waste, neglect, or default by the tenant or any person living in the property (including lodgers or sub-tenants), and
  • where a person other than the tenant is responsible, the tenant has not taken reasonable steps to remove them.

Because Ground 13 is discretionary, it differs fundamentally from mandatory grounds such as Ground 8 (serious rent arrears) or Ground 1A (selling the property). The court does not automatically grant possession when the ground is proved — it must also be satisfied that it is reasonable to grant a possession order in all the circumstances.

Legislative basis

Ground 13 is set out in Part II of Schedule 2 to the Housing Act 1988. The Act, as amended by the Renters' Rights Act 2025, continues to apply in England and Wales. The notice must now be served on Form 3A. For the full statutory text, see legislation.gov.uk.

What Counts as Property Deterioration Under Ground 13?

The Housing Act 1988 uses the phrase "acts of waste, neglect or default." In practice, courts look for evidence that the deterioration goes beyond what is expected from normal use of the property.

Common examples that courts have found to support Ground 13 include:

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Severe pet damage — urine-soaked floors or walls, scratched doors

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Mould caused by failure to ventilate or report condensation

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Hoarding resulting in structural damage or pest infestation

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Burn damage to carpets, flooring, or surfaces

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Water damage from unreported leaks left for extended periods

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Deliberate structural damage — holes in walls, broken doors

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Pest infestation arising from poor housekeeping

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Plumbing or drain damage caused by misuse (e.g., blocked drains)

Tenant and lodger responsibility

Ground 13 can be used even when the deterioration was caused by a lodger or someone living at the property rather than the named tenant — provided the tenant has not taken reasonable steps to remove that person. Landlords should document any communications asking the tenant to address a lodger's behaviour.

Fair Wear and Tear vs Property Deterioration — The Legal Distinction

This is the most common area of dispute in Ground 13 claims. Courts apply a clear distinction: landlords cannot rely on fair wear and tear to support a Ground 13 claim.

✓ Fair wear and tear (not Ground 13)✗ Deterioration through neglect or default (Ground 13)
✓Minor scuffs or marks on walls from normal use✗Holes in walls, large stains, or graffiti
✓Carpet pile flattening in high-traffic areas✗Carpet destroyed by pet urine, burns, or heavy staining
✓Light fading of curtains or upholstery✗Mould growth allowed to spread through failure to ventilate
✓Small chips on kitchen worktops or doors✗Worktops or cabinets damaged through deliberate misuse
✓Slight discolouration of tiles or grouting✗Water damage caused by tenant ignoring a reported leak
✓Door handles or light fittings showing age✗Hoarding causing structural damage or pest infestation

The legal test

The courts look at whether the deterioration is attributable to the tenant's acts of waste, neglect or default — not simply to the passage of time. A property in which a tenant lived for five years will naturally show some wear. What Ground 13 captures is deterioration that is preventable — the result of something the tenant did, or failed to do, that a reasonable person would not have done.

Notice Requirements for Ground 13

Ground 13 requires a minimum of 4 weeks' notice. From 1 May 2026, the notice must be served using Form 3A — not the old Form 3. A notice served on Form 3 after 1 May 2026 is legally invalid.

Service methodAssumed deliveryMinimum expiry
First-class post+2 working daysService date + 2 days + 4 weeks
Hand deliverySame dayService date + 4 weeks
Recorded deliveryNext working dayService date + 1 day + 4 weeks
Email (if agreed in tenancy)Same dayService date + 4 weeks

⚠ No protected period for Ground 13

Unlike Grounds 1 and 1A, Ground 13 has no 12-month protected period. A landlord can in principle serve a Ground 13 notice at any point in the tenancy if the ground is made out. However, most advisers recommend first writing to the tenant to request remedy before serving any formal notice.

Ground 13 vs Other Common Section 8 Grounds

Where property deterioration is present, landlords sometimes also consider other grounds — in particular Ground 12 (breach of tenancy obligation) or Ground 14 (anti-social behaviour). The table below compares the key differences.

GroundReasonNotice PeriodTypeNotes
Ground 13This pageProperty condition has deteriorated through tenant neglect or default4 weeksDiscretionaryCourt must find it reasonable
Ground 12Tenant has breached an obligation of the tenancy (other than rent)4 weeksDiscretionaryOverlaps with Ground 13 in some cases
Ground 14Anti-social behaviour or nuisanceImmediateDiscretionaryCan be combined with Ground 13
Ground 8Rent arrears of 2+ months4 weeksMandatoryCourt must grant if proved
Ground 1ALandlord intends to sell the property4 monthsMandatory12-month protected period applies

Mandatory = court must grant possession if proved. Discretionary = judge decides whether it is reasonable.

Evidence Landlords Should Collect for Ground 13

Because Ground 13 is discretionary, the quality of your evidence directly determines your prospects of success at court. Courts in property deterioration claims consistently look for the following types of documentation.

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Signed inventory and check-in report

Essential

A dated, signed inventory from the start of the tenancy is the single most important document. It establishes the baseline condition of the property. Without it, proving deterioration is very difficult.

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Dated photographs — before and after

Strong

Photographs taken at check-in compared to photographs taken now. Metadata should confirm the date. Courts give substantial weight to clear photographic evidence of deterioration.

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Independent surveyor or specialist report

Strong

A report from a RICS-registered surveyor or relevant trade specialist (damp surveyor, structural engineer) confirming the deterioration and attributing it to the tenant's acts or neglect.

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Repair cost estimates

Supporting

Itemised quotes from contractors confirming the cost to restore the property to its original condition. Helps demonstrate the extent of deterioration to the court.

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Written requests for remedy

Supporting

Copies of letters, emails, or text messages asking the tenant to address the condition. Evidence that the landlord gave the tenant an opportunity to remedy the problem before commencing proceedings.

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Inspection reports and notes

Supporting

Records from periodic property inspections — if carried out correctly under the tenancy agreement — noting the deteriorating condition over time.

Best practice: build your evidence bundle early

Do not wait until you are ready to serve notice before gathering evidence. Carry out a formal inspection as soon as you become aware of the deterioration, document everything, and write to the tenant immediately. The longer the period over which you can demonstrate the tenant was aware of the problem and failed to address it, the stronger your reasonableness argument at court.

How to Serve a Ground 13 Notice — Step by Step

Follow these steps in order. Skipping or abbreviating any step significantly increases the risk that the court will refuse possession or strike out your claim.

1

Inspect and document the property

Carry out a formal inspection and thoroughly photograph every area of deterioration. Compare against your check-in inventory. Obtain a contractor or surveyor report if the damage is significant.

✓ Checklist:Before-and-after evidence gathered?
2

Write to the tenant formally

Send a written letter or email setting out the specific deterioration, requesting the tenant remedy it within a reasonable period. Keep a copy. Courts view this as evidence the landlord acted reasonably.

✓ Checklist:Formal written request sent?
3

Allow a reasonable remedy period

Give the tenant a reasonable time to address the problem — typically 14 to 28 days depending on the severity. If they fail to remedy it, you may proceed to serve notice.

✓ Checklist:Remedy period elapsed without action?
4

Complete Form 3A citing Ground 13

Select Ground 13 in the Section 8 Notice Generator. Include all tenant names exactly as on the tenancy agreement. Confirm the date of service and calculate the 4-week notice period.

✓ Checklist:Form 3A fully and accurately completed?
5

Serve Form 3A and retain proof of service

Serve by first-class post, hand delivery, or recorded delivery. Complete a Certificate of Service. The court requires proof of service; without it, the claim may be struck out.

✓ Checklist:Certificate of Service completed and retained?
6

Issue possession proceedings if tenant does not leave

If the tenant has not vacated by the expiry date, issue possession proceedings at the county court using form N5. Because Ground 13 is discretionary, you must present your evidence and the court decides whether it is reasonable to grant possession.

✓ Checklist:Court claim issued with all evidence bundle?

Common Mistakes That Cause Ground 13 Claims to Fail

Ground 13 claims fail more often than mandatory ground claims because the court has broader discretion. The mistakes below account for the majority of failed or abandoned possession claims in the county court.

1.

No baseline inventory or check-in photographs

Fatal

Without a baseline, it is almost impossible to prove deterioration in court. The tenant can simply argue the property was always in this condition when they moved in.

2.

Relying on fair wear and tear as Ground 13 evidence

Serious

Courts strictly distinguish between fair wear and tear (which is expected) and deterioration through neglect or default (which is not). Presenting minor wear and tear as Ground 13 evidence will undermine your credibility at court.

3.

Failing to give the tenant an opportunity to remedy

Serious

Courts consider a landlord's conduct when deciding reasonableness. Failing to give any written warning or remedy opportunity may lead the court to refuse possession even if the ground is proved.

4.

Using Form 3 instead of Form 3A after 1 May 2026

Fatal

Any Section 8 notice served on the old Form 3 after 1 May 2026 is legally invalid. The court will dismiss the possession claim, and you will need to start again.

5.

Tenant names do not match the tenancy agreement exactly

Fatal

The notice can be challenged on the basis that it was not addressed to the correct parties. Names must be copied verbatim from the tenancy agreement.

6.

Serving a notice that expires too soon (less than 4 weeks)

Fatal

The notice is defective if the expiry date is before the minimum 4-week notice period. The court will dismiss the claim and you must serve a fresh notice.

7.

No independent evidence — only the landlord's own account

Serious

Courts treat uncorroborated landlord evidence with scepticism. An independent surveyor, contractor report, or photographic evidence significantly strengthens the claim.

Common Tenant Defences to Ground 13 Claims

Understanding the defences available to tenants helps landlords prepare their evidence bundle and anticipate what the court will scrutinise most closely.

Tenant:The deterioration is fair wear and tear

Landlord response:Compare your check-in inventory against the current condition and have a surveyor confirm the deterioration exceeds normal wear and tear. Detail each item of damage specifically.

Tenant:The landlord failed to carry out repairs, causing the deterioration

Landlord response:Keep records of every repair request and completion date. If a tenant reports a leak and the landlord fails to fix it, any resulting damage may be the landlord's liability, not the tenant's.

Tenant:The deterioration was pre-existing

Landlord response:A detailed, signed check-in inventory with photographs directly counters this defence. Without it, the tenant can argue any defect was present before they moved in.

Tenant:The tenant has remedied the deterioration

Landlord response:If the deterioration has been remedied to a satisfactory standard, the court may refuse possession. Re-inspect the property and document whether remediation is genuine and complete.

Example Case Study — Ground 13 in Practice

Illustrative scenario

Situation:Sarah is a private landlord in Birmingham. She let a two-bedroom house to a tenant in March 2024. At the start of the tenancy, both parties signed a detailed inventory documenting the property's clean condition, with photographs of every room.

Problem identified: In January 2026, Sarah carries out a routine inspection and discovers extensive mould in the bathroom and second bedroom caused by a blocked extractor fan the tenant had not reported; severe pet damage to all carpets and the bottom of several doors; and accumulated rubbish in the rear garden resulting in a rat infestation.

Steps taken:Sarah photographs all damage, obtains a pest control report and a contractor's repair estimate of £4,200. She writes formally to the tenant on 15 January 2026, setting out each issue and requesting remedy within 28 days. The tenant does not respond.

Notice served:On 20 February 2026, Sarah serves Form 3A citing Ground 13, giving 4 weeks' notice expiring on 18 March 2026. The tenant does not vacate.

Court outcome:Sarah issues possession proceedings, filing her evidence bundle: the signed inventory, before-and-after photographs, the pest control report, the contractor estimate, and her letter of 15 January. The court finds the ground proved, considers it reasonable to grant possession in light of the extent of deterioration and the tenant's failure to engage, and grants a possession order.

This is an illustrative scenario based on common Ground 13 case patterns. It is not a report of any specific decided case. Individual outcomes depend on the evidence presented and the court's assessment of reasonableness.

About This Guide and Generator

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Updated June 2026

This page reflects the current law including the Renters' Rights Act 2025 and the requirement for Form 3A from 1 May 2026. All notice requirements and procedural steps reflect current county court practice.

🇬🇧

England & Wales

Ground 13 of Schedule 2 to the Housing Act 1988 applies in England and Wales. Scotland uses separate legislation (the Private Housing (Tenancies) (Scotland) Act 2016). Northern Ireland has its own regime.

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Not a substitute for legal advice

Ground 13 is contested territory. For complex cases — including where the tenant has a counterclaim for disrepair — consult a housing solicitor or the NRLA before serving notice.

Authoritative external sources

↗Housing Act 1988 Schedule 2, Ground 13 — legislation.gov.uk↗Renters' Rights Act 2025 — legislation.gov.uk↗NRLA — Property Condition and Possession Grounds↗GOV.UK: Evicting tenants — Section 8

Frequently Asked Questions — Section 8 Ground 13 Property Deterioration

What is Section 8 Ground 13?▾
Ground 13 is a discretionary possession ground under Schedule 2 of the Housing Act 1988. It allows landlords to seek possession when the condition of the property has deteriorated as a result of the tenant's acts of waste, neglect, or default. Being discretionary, the court must also find it reasonable to grant possession.
What is the notice period for Ground 13?▾
Ground 13 requires a minimum of 4 weeks' notice from the date the tenant receives the Form 3A notice. Unlike Grounds 1 and 1A, there is no 12-month protected period — a Ground 13 notice can in principle be served at any stage of the tenancy.
Is Ground 13 mandatory or discretionary?▾
Ground 13 is discretionary. Even if the landlord proves the ground, the court can refuse possession if it considers it unreasonable to grant a possession order. This makes evidence quality and the landlord's conduct (particularly giving the tenant an opportunity to remedy) critical to the outcome.
What is the difference between fair wear and tear and property deterioration?▾
Fair wear and tear is the expected, gradual deterioration from normal residential use — minor scuffs, carpet flattening, light fading. Ground 13 applies to deterioration caused by the tenant's acts of waste, neglect, or default, which goes beyond what is expected: severe pet damage, mould caused by a failure to ventilate, hoarding, or deliberate damage. A landlord cannot rely on fair wear and tear to support a Ground 13 claim.
What evidence does a landlord need for Ground 13?▾
The most important evidence is a signed check-in inventory, before-and-after photographs, and an independent surveyor or contractor report confirming the deterioration and its cause. Records of written requests asking the tenant to remedy the condition are also important, as courts consider whether it was reasonable for the landlord to seek possession rather than pursue other remedies.
Can I use Ground 13 if a lodger caused the damage, not the tenant?▾
Yes. Ground 13 applies where deterioration is caused by a person living in the property, including a lodger or sub-tenant. However, the ground also requires that where a person other than the named tenant caused the deterioration, the tenant has not taken reasonable steps to remove that person. Landlords should document any communications asking the tenant to address the lodger's behaviour.
Do I have to use Form 3A for a Ground 13 notice?▾
Yes. From 1 May 2026, all Section 8 notices must be served on Form 3A. The old Form 3 is no longer valid for any Section 8 ground, including Ground 13. A notice served on Form 3 after 1 May 2026 is legally defective and the possession claim will be dismissed.

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Legal Disclaimer

This page is provided for educational and informational purposes only and does not constitute legal advice. The content summarises the law as it stood at the date of last update and may not reflect subsequent legislative or case law developments. Reviewed by the OfficeDraft Legal Team — last updated June 2026.

For advice on your specific circumstances — particularly where the tenant is likely to contest the claim, has a counterclaim for disrepair, or where there are any vulnerabilities — you should consult a qualified housing solicitor or contact the National Residential Landlords Association (NRLA). OfficeDraft is not a law firm and does not provide regulated legal services.

Ground 13 · Property Deterioration · Form 3A

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