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The tenant has broken an obligation of the tenancy agreement other than the obligation to pay rent.
Ground 12 of Schedule 2 to the Housing Act 1988 is a discretionary ground for possession that applies where the tenant has broken any obligation of the tenancy other than the obligation to pay rent. This is a broad, catch-all ground that covers a wide range of tenancy breaches.
Common breaches that may support a Ground 12 claim include: keeping pets in breach of a no-pets clause, subletting without permission, using the property for business purposes when the tenancy restricts this, causing damage to the property, failing to maintain the garden, making unauthorised alterations, or allowing more people to occupy the property than the tenancy permits.
The breach must relate to an obligation contained in the tenancy agreement. If the tenancy agreement does not address the particular conduct (for example, it is silent on pets), the landlord cannot rely on Ground 12 for that issue. This underscores the importance of a well-drafted tenancy agreement that clearly sets out the tenant's obligations.
The notice period for Ground 12 is 2 weeks. The landlord must serve a Section 8 notice specifying Ground 12, identifying the particular breach relied upon, and allowing at least 2 weeks before proceedings can be issued.
As a discretionary ground, the court will consider whether it is reasonable to grant possession having regard to all the circumstances. The court will look at the nature and seriousness of the breach, whether the tenant has been given an opportunity to remedy it, whether the breach is ongoing or was a one-off, and the impact on the landlord, neighbours, or the property.
A court is more likely to grant possession for a serious or repeated breach than for a minor or technical one. For example, persistent unauthorised subletting is likely to be treated more seriously than a one-off failure to mow the lawn. The court may also consider whether the landlord has previously condoned or acquiesced in the breach — if the landlord knew about a pet for two years and did nothing, it may be difficult to argue the breach is now so serious that possession is warranted.
Ground 12 is not subject to the 12-month restriction under the Renters' Rights Act 2025 and can be used at any point during the tenancy.
A properly drafted tenancy agreement makes it far easier to rely on Section 8 grounds if things go wrong. Generate your complete RRA-compliant document pack in minutes.
This guide is for general information only and does not constitute legal advice. While we make every effort to ensure accuracy, the law may change and individual circumstances vary. You should always seek independent legal advice before taking action to recover possession. TenancyPack is not regulated by the Solicitors Regulation Authority.