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The condition of the property has deteriorated due to waste by, or the neglect or default of, the tenant.
Ground 13 of Schedule 2 to the Housing Act 1988 is a discretionary ground for possession that applies where the condition of the dwelling-house, or of the common parts, has deteriorated owing to acts of waste by, or the neglect or default of, the tenant or any person residing with the tenant.
This ground covers situations where the tenant (or a person residing in the property) has caused the physical condition of the dwelling or the common parts of the building to deteriorate through their actions or inaction. "Waste" in this context is a legal term covering both voluntary waste (active damage, such as knocking down walls or removing fixtures) and permissive waste (allowing the property to fall into disrepair through neglect, such as failing to report leaks or allowing damp to spread unchecked).
The deterioration must be attributable to the tenant or someone living with them. Normal wear and tear does not constitute waste or neglect — the ground targets situations where the tenant's conduct (or failure to act) has caused the property to deteriorate beyond what would be expected from ordinary use.
If the deterioration was caused by a lodger or sub-tenant rather than by the tenant directly, Ground 13 still applies if the tenant has not taken reasonable steps to remove the lodger or sub-tenant responsible. This prevents tenants from avoiding responsibility by allowing others to cause damage and then claiming it was not their fault.
The notice period for Ground 13 is 2 weeks. The landlord must serve a Section 8 notice specifying Ground 13, describing the deterioration relied upon, and allowing at least 2 weeks before proceedings can be issued.
As a discretionary ground, the court must consider whether it is reasonable to grant possession in all the circumstances. The court will look at the nature and extent of the deterioration, whether the tenant was given an opportunity to put things right, the cost of remedying the damage, and any other relevant factors. A court is more likely to grant possession where the deterioration is serious and ongoing than where it is minor and the tenant has offered to make repairs.
Ground 13 is not subject to the 12-month restriction under the Renters' Rights Act 2025. It can be used at any point during the tenancy where the conditions are met.
Worried about property condition? Use our [free RRA Compliance Checker](/check) to review your obligations, or [generate your complete document pack](/create) for £29.99 — including tenancy agreements that clearly set out the tenant's obligations regarding property care.
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.