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The property was previously let as a holiday let and the landlord wants to return it to that use.
Ground 4 of Schedule 2 to the Housing Act 1988 is a mandatory ground for possession that applies where the property was let for a fixed term not exceeding 8 months and was, within the 12 months before the tenancy began, occupied under a holiday letting. The landlord must have given the tenant notice at the start of the tenancy that possession might be recovered on this ground.
This ground exists to protect landlords who primarily use their property as a holiday let but have granted a short residential tenancy during the off-season or as a temporary arrangement. Without Ground 4, a landlord who let a holiday property on an assured tenancy could find themselves unable to recover it for the holiday season. The ground ensures that properties with a genuine history of holiday use can be returned to that purpose.
The key requirements for Ground 4 are threefold. First, the tenancy must have been granted for a fixed term of no more than 8 months. Second, in the 12 months immediately before the tenancy began, the property must have been occupied under a holiday letting — meaning it was let to holidaymakers rather than as a permanent home. Third, the landlord must have given notice at the start of the tenancy that possession might be recovered on this ground. This prior notice requirement is important: without it, the landlord cannot rely on Ground 4 unless the court considers it just and equitable to dispense with the requirement.
The notice period for Ground 4 is 2 weeks. The landlord must serve a Section 8 notice specifying Ground 4 and allowing at least 2 weeks before proceedings can be issued.
Because Ground 4 is a mandatory ground, the court must make a possession order if the landlord proves that all the conditions are satisfied. The judge has no discretion to refuse on grounds of reasonableness. The critical evidence will be the history of holiday lettings at the property and proof that the prior notice was given at the start of the tenancy.
Ground 4 is a relatively niche ground that is most relevant to landlords in tourist areas, coastal towns, and other locations where holiday letting is common. If you let a property primarily as a holiday home and occasionally grant short residential tenancies, Ground 4 gives you a reliable route back to holiday use.
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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.