Section 8 Ground 6: Redevelopment Possession for Demolition or Major Works (England 2026)
In short: Ground 6 is a mandatory ground for a landlord who genuinely intends to demolish, reconstruct or carry out substantial works that cannot reasonably be done with the tenant in occupation. The notice period is four months, the notice goes on Form 3A, and the landlord must pay the tenant's reasonable removal expenses.
Since Section 21 was abolished on 1 May 2026, a Section 8 notice is the only route to possession in the private rented sector in England. This guide explains what Ground 6 requires, what proof to prepare, how the notice period works and what to expect at court.
By OfficeDraft Legal Research Team · Last updated · Sources
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Form 3A is for private-sector assured tenancies in England, notices served on or after 1 May 2026.
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Updates as you fill inWhat Is Section 8 Ground 6 Under the Housing Act 1988?
Ground 6 is a mandatory ground in Schedule 2 to the Housing Act 1988. It applies where a landlord intends to demolish or reconstruct the dwelling (or a substantial part of it), or to carry out substantial works, and cannot reasonably do so while the tenant remains. If the court is satisfied the ground is made out, it must make a possession order. It has no discretion to refuse on grounds of reasonableness.
Ground 6 is unusual in two ways. It carries a statutory obligation to pay the tenant's reasonable removal expenses under Section 11, and, because it is a mandatory ground that concerns the landlord's own plans, courts examine the evidence of genuine intention closely.
The Renters' Rights Act 2025 rewrote Schedule 2 with effect from 1 May 2026, including the notice periods, so always check the current text of the ground on legislation.gov.uk and use the exact statutory wording on Form 3A. For the wider changes, read our Renters' Rights Act guide for landlords.
Ground 6 applies to assured tenancies in England, including the periodic assured tenancies that former assured shorthold tenancies became on 1 May 2026. Wales and Scotland have separate frameworks.
What Is the Notice Period for Ground 6?
The notice period for Ground 6 is four months, under Section 8(4AA) of the Housing Act 1988. Ground 6 sits in the longest tier alongside Grounds 1, 1A, 1B, 2 and others. That is much longer than the four weeks for rent arrears grounds, so build the timeline accordingly.
If you cite more than one ground, the longest applicable period governs the notice, apart from the immediate-issue exception for Grounds 7A and 14. Count from the date the notice is served, leave a margin, and keep proof of service. A notice lapses if proceedings are not started within 12 months of service. Plan your dates with the possession order timeline and see the full table in our Section 8 grounds hub.
What a Landlord Must Prove for Ground 6
The court must be satisfied on each of these points. A gap on any of them is where contested Ground 6 claims usually fail.
A genuine, settled intention
You must genuinely intend to carry out the works. A vague or speculative plan is not enough. Courts look for concrete steps: plans, planning applications or consents, quotes or a contract, and funding.
Works that fall within the ground
The ground covers demolition or reconstruction of the dwelling or a substantial part of it, or substantial works. Routine repairs and refurbishment do not qualify. Check the exact wording in the current Schedule 2.
The works cannot reasonably be done with the tenant in occupation
You must show the works cannot reasonably be carried out while the tenant stays. The Act sets out the alternative reasons the landlord can rely on, such as the tenant not agreeing to access or a reduced-part arrangement, or such an arrangement not being practicable. Confirm the current wording.
You are entitled to rely on the ground
The Act restricts some grounds where the landlord bought the property while it was already let. Check the current text before relying on Ground 6 if you acquired the property after the tenancy began.
A valid notice and a compliant deposit
Serve on Form 3A with the exact statutory wording, four months’ notice and accurate particulars. Unless you rely only on Grounds 7A or 14, the deposit must be protected and the prescribed information given before you serve.
Removal expenses
Where possession is ordered on Ground 6, Section 11 of the Housing Act 1988 requires the landlord to pay the tenant’s reasonable removal expenses.
Which Works Qualify: Demolition, Reconstruction or Substantial Works
The threshold is high. Ground 6 is for structural, major works, not refurbishment that can be done around an occupying tenant. Whether particular works qualify depends on the facts.
More likely to qualify
- Demolishing the property and rebuilding
- Reconstructing a substantial part of the building
- Converting a house into flats with structural alterations and new services
- Major structural works that make the property unsafe or impractical to occupy
Less likely to qualify
- Redecorating or replacing floor coverings
- Replacing a kitchen or bathroom while the tenant remains
- Replacing a boiler or installing double glazing
- Energy efficiency improvements that can be done room by room
- Garden or external works that do not affect the structure
Works on a substantial part of the building, such as a large extension, sit in between. The question is whether the works genuinely cannot reasonably be carried out with the tenant in occupation, and you will need evidence for that. If you are only refurbishing, negotiating a surrender may be a better route than Ground 6.
What Proof Do You Need for Section 8 Ground 6?
Assemble this bundle before you serve, and attach it when you issue on Form N5 with Form N119.
- 1
Plans or a structural engineer’s report
Show the nature and extent of the works and why they are substantial. This is the core proof.
- 2
Planning permission or confirmation
Where planning permission or building regulations approval is needed, evidence that it has been applied for or granted shows the plan is real and advanced.
- 3
Contract or contractor quotes
A signed building contract or detailed quotes show the intention is concrete.
- 4
Evidence that vacant possession is needed
A professional statement, such as from a structural engineer or a health and safety adviser, explaining why the works cannot reasonably be done with the tenant in place. This is often the most contested point.
- 5
Evidence of funding
Bank statements, a finance offer or similar, showing you can pay for the works.
- 6
A signed statement of intention
A dated statement setting out the works, the timetable and why possession is required.
- 7
Tenancy agreement and deposit proof
Confirms the parties, the property and that the deposit was protected and the prescribed information given.
- 8
The served Form 3A and proof of service
A copy of the notice as served, with a dated record of how and when you served it.
Removal Expenses: What the Landlord Must Pay
Under Section 11 of the Housing Act 1988, a landlord who obtains possession on Ground 6 must pay the tenant's reasonable removal expenses. The same obligation applies where possession is ordered on Ground 9. The amount can be agreed between landlord and tenant, and if it is not, the county court can decide it.
Reasonable removal expenses typically cover the cost of moving the tenant's belongings, such as a removal firm and short-term storage. They generally do not cover the tenant's higher rent at a new home, their legal costs, or compensation for inconvenience, though disputes about the amount are decided on the facts.
The practical approach is to raise the subject early, agree a figure in writing during the notice period, and pay it promptly. That avoids a separate dispute at court.
Ground 6 Compared With Related Grounds
Grounds 1B and 2 are sometimes confused with Ground 6. Each has its own test, so read the individual guide before choosing.
| Ground | Type | Notice | What it is about |
|---|---|---|---|
| Ground 6 | Mandatory | 4 months | Demolition, reconstruction or substantial works needing possession. Removal expenses payable. |
| Ground 1B | Mandatory | 4 months | A related redevelopment ground with its own conditions. See the guide. |
| Ground 2 | Mandatory | 4 months | A mortgage lender entitled to sell needs possession. Not about works. |
How to Complete Form 3A for Ground 6
Private landlords must use Form 3A for Section 8 notices served on or after 1 May 2026. The blank form and guidance are on the GOV.UK assured tenancy forms page, and our Form 3A guide walks through it section by section.
- Parties and property. Name every tenant exactly as on the tenancy agreement, use the full address with postcode, and name the landlord who will be the claimant.
- The ground. Tick Ground 6 and use the exact statutory wording in Section 4.2. Do not summarise it.
- Particulars.Say what works you intend, why they cannot reasonably be done with the tenant in occupation, and which of the Act's alternative reasons you rely on. Specific particulars are harder to challenge than general ones.
- Notice period. Four months from service. The generator calculates the earliest date for you.
- Other grounds. You can cite further grounds on the same form, but the longest period then governs. See the grounds hub.
Ground 6 Timeline, From Decision to Possession
- 1
Decide and plan
Take professional advice, settle the design, apply for any consents and confirm funding. Record each step.
- 2
Assemble your evidence
Gather the proof listed above before you serve, not after.
- 3
Check deposit and eligibility
Confirm the deposit is protected, the prescribed information was given, and you are entitled to rely on Ground 6.
- 4
Complete and serve Form 3A
Cite Ground 6 with the exact wording and detailed particulars. Serve and keep proof.
- 5
Four months’ notice runs
Talk to the tenant about removal expenses and the works programme, and put agreements in writing.
- 6
Issue if the tenant stays
File Form N5 and Form N119 within 12 months of service, with your evidence bundle.
- 7
Hearing
If the ground is made out, the court must order possession. It can also decide the removal expenses if they are not agreed.
- 8
Start the works
Begin as planned and keep records. Obtaining possession without carrying out the stated works can expose you to penalties and claims.
A notice lapses if proceedings are not issued within 12 months of service, so diary that date. If the tenant does not leave, see what to do when a tenant won't leave. Find the right court with Find a court or tribunal, and see CPR Part 55 for the procedure.
The Tenant's Position on a Ground 6 Notice
What a tenant can challenge
- Whether the landlord genuinely intends to do the works
- Whether the works are substantial enough to fall within the ground
- Whether the works could reasonably be done with the tenant in occupation
- Whether the notice, deposit and process were valid
- The amount of removal expenses, if not agreed
What a tenant generally cannot do
- Ask the court to refuse a mandatory order because it would be unreasonable or cause hardship, if the ground is made out
- Rely on the length of the tenancy alone to defeat a proven ground
Tenants who receive a Ground 6 notice should take advice quickly, for example from Citizens Advice, Shelter England or a housing solicitor. Landlords should expect the evidence to be tested.
Mistakes That Undermine a Ground 6 Claim
Weak proof of intention
A plan with no consents, contract or funding is easy to challenge. Build the evidence bundle before you serve.
Using Ground 6 for cosmetic works
If the works can be done around a tenant in occupation, Ground 6 is the wrong ground.
Not showing that vacant possession is necessary
Even substantial works need evidence that they cannot reasonably be done with the tenant in place.
The wrong notice period
Ground 6 needs four months, not the four weeks used for rent arrears. Serving too short a period can make the notice defective.
Using the old Form 3
Private landlords must use Form 3A for notices served on or after 1 May 2026.
Paraphrasing the ground wording
Section 4.2 of Form 3A needs the exact statutory wording. Vague particulars invite a challenge.
Skipping the deposit check
Protect the deposit and give the prescribed information before you serve.
Not paying removal expenses
The obligation is statutory. Agree the amount early and pay it promptly.
Not doing the works
Relying on a ground you do not reasonably believe applies can lead to a penalty under Section 16E of the Housing Act 1988, and misrepresentation to obtain possession can lead to a damages claim. Take advice if plans change.
More detail in the mistakes that void a Section 8 claim and how to fix an invalid notice. Deposit rules are on GOV.UK.
Frequently Asked Questions About Ground 6
What is Section 8 Ground 6?
What is the notice period for Ground 6?
What proof do I need for a Section 8 Ground 6 claim?
Is Ground 6 mandatory or discretionary?
What works qualify under Ground 6?
Do I have to pay the tenant anything under Ground 6?
Can I use Ground 6 if I bought the property while it was let?
How does Ground 6 differ from Ground 1B?
What form must I use for a Ground 6 notice?
Sources and Official References
- Housing Act 1988, Schedule 2: grounds for possession (legislation.gov.uk)
- Housing Act 1988, Section 8 (legislation.gov.uk)
- Housing Act 1988, Section 11: payment of removal expenses (legislation.gov.uk)
- Renters’ Rights Act 2025 (legislation.gov.uk)
- Renters’ Rights Act 2025, Schedule 1: amendments to Schedule 2 (legislation.gov.uk)
- Assured tenancy forms from 1 May 2026, including Form 3A (GOV.UK)
- Tenancy deposit protection (GOV.UK)
- Form N5: claim for possession of property (GOV.UK)
- Form N119: particulars of claim for possession, rented residential property (GOV.UK)
- Civil Procedure Rules, Part 55: possession claims (justice.gov.uk)
- Find a court or tribunal (GOV.UK)
- Citizens Advice (advice for tenants)
- Shelter England (advice for tenants)
- Find a solicitor (Law Society)
About this page
Written and maintained by OfficeDraft's Legal Research Team from the current text of the Housing Act 1988 as amended by the Renters' Rights Act 2025 and the government's published Form 3A guidance. We review it when the legislation, the form or the guidance changes. Last updated .
This page is general information, not legal advice. It covers assured tenancies in England only. Ground 6 claims turn on the facts and on the strength of the evidence of intention. OfficeDraft is not a law firm. Before serving a notice, particularly if the claim may be contested, take advice from a qualified housing solicitor via the Law Society directory. See our Terms and Privacy Policy.
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