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Tenancy Breaches and Property Damage

Mon 07 Sep 2026

Section 8 Form 3A: Grounds 12, 13 and 15 Explained – Tenancy Breaches and Property Damag

 

If you are a landlord, you hope you will never need to evict a tenant. However, it helps to know what your options are if things go wrong, such as a tenant breaking the rules of their tenancy or letting a property fall into a poor state. This is where Grounds 12, 13 and 15 come in.

These three grounds sit within Section 8 of the Housing Act, which lets landlords apply to court for possession of their property for a specific legal reason. Ground 12 covers a tenant breaking the terms of their tenancy agreement. Grounds 13 and 15 cover damage, one for the property itself and one for any furniture you have provided. In this guide, we explain what each ground covers, what a court will expect to see as evidence, and why early action matters so much.

What is Ground 12?

Ground 12 applies when a tenant has broken a term of their tenancy agreement that is not about paying rent. This could include things like:

  • Keeping a pet without permission, where the tenancy agreement requires it

  • Subletting the property or listing it on a short-let website without your consent

  • Using the property for something it should not be used for

  • Letting far more people live in the property than the agreement allows

Not every broken rule is serious enough to justify eviction. A court will look at how serious the breach is, not just whether one happened. Hanging a picture on the wall or a small change most tenants would make is unlikely to count. A tenant repeatedly ignoring a clear rule, especially after being asked to stop, is a different matter.

What is Ground 13?

Ground 13 covers damage to the property itself, where a tenant has let its condition get worse. This does not include ordinary wear and tear, which is expected over the course of any tenancy. It is aimed at damage that goes beyond normal living in a home, such as:

  • Holes cut or punched into walls or doors

  • Damage caused by careless use of the property

  • Neglect that has left the property in a noticeably worse state than when the tenancy began

What is Ground 15?

Ground 15 works in the same way as Ground 13, but it applies to furniture you have provided as the landlord, rather than the building itself. Again, everyday wear and tear does not count. This ground is aimed at more serious damage, such as a sofa torn apart by a pet or a mattress ruined beyond normal use. If the furniture belongs to the tenant rather than you, this ground will not apply, since it only covers items you own and supplied.

Section 8 Grounds 12, 13 and 15 – Notice Periods

Under the current possession rules in England, where a landlord is seeking possession using Ground 12, Ground 13 or Ground 15, the minimum notice period to be given to the tenant is 2 weeks.

  •  Ground 12 – Breach of Tenancy: Where the tenant has breached one or more erms of their tenancy agreement, other than rent arrears.
  • Ground 13 – Deterioration of the Property: Where the tenant, or someone living at or visiting the property, has caused or allowed the condition of the property to deteriorate.
  • Ground 15 – Deterioration of Furniture: Where the tenant, or someone living at or visiting the property, has caused or allowed furniture provided by the landlord to deteriorate.

These are discretionary grounds, meaning that if possession proceedings are required, the court will consider the circumstances and decide whether it is reasonable to make a possession order.

If you are concerned about a tenant's conduct, damage to your property or a breach of the tenancy agreement, please speak to our lettings team. We can advise you on the appropriate steps and whether a possession ground may apply.

 

Why evidence matters so much
 

Because these are discretionary grounds, the strength of your evidence makes a real difference. Courts want to see a clear picture of what happened, not just your word against your tenant's. Useful evidence can include:

  • Photos from the check-in inventory compared with recent photos

  • Dated records of inspections and any issues found

  • Copies of messages or letters where you raised the problem with your tenant

  • Evidence of a broken rule, such as a listing on a short-let website or a report from a neighbour

Keeping these records as you go, rather than trying to piece them together after the event, puts you in a far stronger position if a case does end up in court.

Give your tenant the chance to put things right

Before serving notice, it is worth giving your tenant a clear opportunity to fix the problem. Tell them exactly what the issue is, put it in writing, and set a reasonable amount of time for them to sort it out. Not only is this fair, but it also shows a court that you acted reasonably before asking for possession, which matters a great deal when a ground is discretionary.

If problems continue after you have raised them, or the damage is serious, it may be time to look at serving a Section 8 notice. The GOV.UK guide to grounds for possession for landlords and letting agents sets out the full wording you will need to use for each ground, along with the correct notice periods.

How we can help

Dealing with a difficult tenancy is stressful, and getting the process right matters. If you are a landlord in South Essex and are unsure whether Grounds 12, 13 or 15 apply to your situation, our team can talk you through your options. For landlords who would rather not manage inspections and tenant issues alone, our full property management service includes regular inspections and record keeping, so you have the evidence you need if a problem ever does end up in court.

These grounds also sit alongside the wider changes brought in for landlords and tenants. You can read more about the full picture in our guide to the Renters' Rights Act 2025.

Frequently asked questions

Can I evict a tenant straight away for a broken rule or some damage?

No. Grounds 12, 13 and 15 are discretionary, so a court decides whether eviction is reasonable. You will usually need to show the issue is serious, that you raised it with your tenant, and that you have evidence to back this up.

What counts as normal wear and tear?

Normal wear and tear is the gradual, everyday change that happens in any lived-in home, such as light scuffs on paintwork or a slightly worn carpet. Grounds 13 and 15 are aimed at damage that goes well beyond this, not the ordinary signs of someone living in a property.

How much notice do I need to give for these grounds?

Grounds 12, 13 and 15 each carry a two-week notice period. This is shorter than many other grounds, but remember that, being discretionary, the court still has to agree that eviction is reasonable before granting possession.

What should I do first if I think a tenant has broken their tenancy or damaged the property?

Raise the issue with your tenant in writing, keep dated photos and records, and give them a fair chance to put things right. If the problem does not improve, our team can help you understand the next steps.