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The tenant induced the grant of the tenancy by making a knowingly or recklessly false statement.
Ground 17 of Schedule 2 to the Housing Act 1988 is a discretionary ground for possession that applies where the tenant induced the landlord to grant the tenancy by a false statement made knowingly or recklessly. This ground addresses situations where the tenant has been dishonest in obtaining the tenancy.
Common examples of false statements that may support a Ground 17 claim include: providing a fake employment reference or inflated income figure, lying about the number of people who will occupy the property, concealing a history of previous evictions or rent arrears, providing a false identity or using someone else's documents, or misrepresenting their immigration status or right to rent.
The key legal requirements are that the false statement must have been made knowingly or recklessly, and it must have induced the landlord to grant the tenancy. A statement made in good faith that later turns out to be inaccurate is not sufficient — there must be an element of dishonesty. Similarly, the statement must have been material to the landlord's decision to grant the tenancy. If the landlord would have granted the tenancy regardless of the false statement, the causal link is broken.
The notice period for Ground 17 is 2 months. The landlord must serve a Section 8 notice specifying Ground 17, identifying the false statement relied upon, and allowing at least 2 months before issuing proceedings.
As a discretionary ground, the court considers whether it is reasonable to grant possession in all the circumstances. Even if the false statement is proved, the court may take into account the tenant's current conduct, the seriousness of the misrepresentation, the time that has elapsed since the tenancy was granted, and any hardship that possession would cause.
Ground 17 is not subject to the 12-month restriction under the Renters' Rights Act 2025. It can be used at any point during the tenancy, although it is typically relied upon relatively early on, when the landlord discovers the deception.
Evidence for Ground 17 will usually include the tenant's application form or pre-tenancy correspondence containing the false statement, evidence that the statement was false (such as actual employment records, reference checks, or identity verification), and evidence that the landlord relied on the statement in deciding to grant the tenancy.
Landlords should note that if the false statement relates to immigration status, Ground 7B (disqualification from renting) may also be relevant and should be considered alongside Ground 17.
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.