Discretionary Grounds for Possession: Mastering the Burden of Proof Through Robust Documentation

When it comes to discretionary grounds for possession, the burden of proof lies firmly with the landlord. Simply stating a breach of tenancy isn't enough; the court requires a comprehensive and well-documented case. This is where many landlords falter, not through lack of valid reasons, but through poor preparation. It's a costly mistake.

We believe that robust documentation is the bedrock of successful property management, not just a box-ticking exercise. It's about mitigating risk and ensuring you can act decisively and effectively when required.

In this comprehensive guide, we'll explore:

•What discretionary grounds are and why they're different from mandatory grounds

•The 4 discretionary grounds in detail

•The burden of proof and why it matters

•Documentation requirements for each ground

•Common documentation pitfalls and how to avoid them

•Best practices for robust documentation

•Real-world scenarios showing proper documentation

•How to prepare a winning case

Understanding Discretionary Grounds for Possession

What Are Discretionary Grounds?

Discretionary grounds for possession are specific, legally defined reasons for eviction where courts may grant possession if the ground is proven and it's reasonable to do so.

Key Characteristics of Discretionary Grounds:

1. Subjective Criteria

Discretionary grounds have more subjective criteria than mandatory grounds. The court must consider whether it's "reasonable" to grant possession, which involves weighing various factors.

2. Court Has Discretion

Even if you prove the ground, the court may decide it's not reasonable to grant possession. The court considers all circumstances, including the tenant's circumstances.

3. Longer Court Process

Because courts have discretion, the court process typically takes longer than with mandatory grounds. The court may request additional information or hold multiple hearings.

4. Tenant Has More Defense Options

Tenants have more options to defend against discretionary grounds. They can argue the ground is not proven, or argue it's not reasonable to grant possession.

5. Flexible Procedural Requirements

While procedural requirements still exist, they're typically more flexible than with mandatory grounds.

Why Discretionary Grounds Matter

Discretionary grounds are important because:

1. Cover Broader Range of Issues

Discretionary grounds cover issues that don't fit the mandatory grounds. Examples include minor breaches, moderate rent arrears, and nuisance behaviour.

2. Provide Flexibility

Discretionary grounds provide flexibility to address issues that warrant eviction but don't meet the strict criteria of mandatory grounds.

3. Demonstrate Reasonableness

Using discretionary grounds (when appropriate) demonstrates that you're acting reasonably and fairly, which builds your reputation and credibility.

4. Protect Your Investment

Discretionary grounds allow you to protect your investment by addressing problematic tenancies before they become serious.

5. Enable Preventive Action

Discretionary grounds enable you to take preventive action against issues before they escalate.

Mandatory vs. Discretionary: Key Differences

Aspect	Mandatory Grounds	Discretionary Grounds
Court Decision	Must grant possession if ground proven	May grant possession if ground proven and reasonable
Burden of Proof	Prove the ground	Prove the ground AND that it's reasonable
Tenant Defense	Limited (procedural only)	Extensive (can argue ground not proven or not reasonable)
Court Timeline	Faster	Longer
Flexibility	Less flexible	More flexible
Examples	Significant arrears, serious breach	Moderate arrears, minor breach, nuisance

The 4 Discretionary Grounds for Possession

The new framework introduces 4 discretionary grounds for possession:

1.Non-Serious Breach of Tenancy

2.Moderate Rent Arrears

3.Damage to Property

4.Nuisance or Annoyance

Each ground requires proof of the ground and proof that it's reasonable to grant possession.

Discretionary Ground 1: Non-Serious Breach of Tenancy

This ground allows landlords to seek possession when tenants have breached the tenancy agreement in a non-serious way. Examples include minor damage, minor noise, or breach of house rules.

Legal Requirements

To use this ground, you must meet all of the following requirements:

Requirement 1: Breach of Tenancy

The tenant must have breached a specific term of the tenancy agreement. The breach must be proven.

Requirement 2: Non-Serious Nature

The breach must be non-serious (minor or technical). Serious breaches use the mandatory ground instead.

Requirement 3: Notice to Remedy

You must provide notice requiring the tenant to remedy the breach. The tenant must be given reasonable opportunity to remedy.

Requirement 4: Failure to Remedy

The tenant must fail to remedy the breach within the notice period.

Requirement 5: Reasonableness

The court must find it reasonable to grant possession. The court considers all circumstances.

Burden of Proof

For this ground, you must prove:

1.The Breach Occurred - Provide evidence that the tenant breached the tenancy agreement

2.The Breach is Non-Serious - Demonstrate that the breach is minor, not serious

3.Proper Notice Given - Prove that you gave proper notice requiring remedy

4.Tenant Failed to Remedy - Show that the tenant failed to remedy within the notice period

5.Reasonableness - Demonstrate that it's reasonable to grant possession given all circumstances

Evidence Requirements

To prove this ground, you must provide comprehensive evidence:

Essential Evidence:

•Tenancy Agreement - Copy showing the specific term that was breached

•Evidence of Breach - Clear evidence that the breach occurred:

•Photos or videos

•Inspection reports

•Professional assessments

•Witness statements

•Your own observations (documented)

•Notice to Remedy - Written notice requiring the tenant to remedy the breach

•Proof of Service - Evidence that notice was properly served

•Evidence of Non-Compliance - Evidence that the tenant failed to remedy the breach

•Timeline Documentation - Clear timeline showing:

•When breach occurred

•When notice was served

•When notice period expired

•When breach was not remedied

Supporting Evidence:

•Communication Records - Any communication with the tenant about the breach

•Inspection Records - Records of inspections showing the breach

•Maintenance Records - Records of any maintenance or repairs attempted

•Tenant Response - Any response from the tenant to the notice

•Attempts to Resolve - Evidence of attempts to resolve the issue

Documentation Requirements

Documentation Must Include:

•Detailed Description - Specific description of the breach (not vague or general)

•Dates and Times - Specific dates and times when breach occurred

•Location - Specific location within the property

•Impact - How the breach affects the property or other tenants

•Previous Issues - Any previous similar issues with this tenant

•Attempts to Resolve - What you've done to try to resolve the issue

Documentation Must Be:

•Contemporaneous - Documented at the time or shortly after the breach

•Objective - Based on facts, not opinions or assumptions

•Complete - Including all relevant information

•Organized - Organized chronologically or by category

•Professional - Written in professional language

Common Documentation Pitfalls

Pitfall 1: Vague or General Descriptions

Vague descriptions like "the property is dirty" or "the tenant is noisy" are not sufficient. The court needs specific details.

Solution: Provide specific, detailed descriptions. Example: "On 15 February 2026, at approximately 10:00 PM, loud music and shouting were heard from the tenant's bedroom. The noise continued until 11:30 PM, disturbing neighbours in adjacent properties. Neighbours reported the disturbance to me in writing."

Pitfall 2: Lack of Contemporaneous Documentation

Documentation created long after the breach occurred is less credible than documentation created at the time.

Solution: Document breaches immediately. Take photos, write notes, record observations on the same day.

Pitfall 3: Subjective Opinions

Subjective opinions like "the tenant is irresponsible" or "I think the tenant is being deliberately difficult" are not evidence.

Solution: Stick to objective facts. Example: "The tenant failed to respond to three written requests for repairs over a 30-day period."

Pitfall 4: Insufficient Evidence

Simply stating that a breach occurred is not enough. You must provide evidence.

Solution: Collect comprehensive evidence. Photos, inspection reports, witness statements, professional assessments, etc.

Pitfall 5: Poor Organization

Disorganized documentation is difficult for the court to follow and weakens your case.

Solution: Organize documentation chronologically or by category. Create a clear timeline. Use tabs or folders.

Pitfall 6: Missing Notice Documentation

If you cannot prove that you gave proper notice, your case is weakened.

Solution: Always serve notice in writing. Keep proof of service (hand delivery receipt, registered mail receipt, etc.).

Pitfall 7: No Evidence of Attempts to Resolve

Jumping straight to eviction without attempting to resolve the issue can make the court question reasonableness.

Solution: Document attempts to resolve the issue. Communication with tenant, offers to repair, etc.

Documentation Checklist

•Tenancy agreement (signed copy)

•Specific term breached (highlighted in tenancy agreement)

•Evidence of breach (photos, videos, reports, statements)

•Dates and times of breach

•Location within property

•Impact of breach

•Previous similar issues (if applicable)

•Notice to remedy (written)

•Proof of service of notice

•Reasonable time period for remedy

•Evidence of non-compliance

•Communication with tenant

•Attempts to resolve

•Timeline documentation

•Professional assessments (if applicable)

•Witness statements (if applicable)

Step-by-Step Documentation Procedure

Step 1: Identify the Breach

•Identify the specific term of the tenancy agreement that was breached

•Document what the term requires

•Document how the tenant breached it

Step 2: Document the Breach

•Take photos or videos

•Write detailed notes (date, time, location, details)

•Collect witness statements if applicable

•Get professional assessment if needed

Step 3: Attempt to Resolve

•Communicate with tenant about the breach

•Provide opportunity to remedy

•Document all communication

•Keep records of attempts to resolve

Step 4: Serve Notice to Remedy

•Draft formal written notice

•Include specific details of the breach

•Specify what remedy is required

•Provide reasonable time period (typically 14-28 days)

•Serve notice by hand delivery or registered mail

•Keep proof of service

Step 5: Monitor Compliance

•Track whether tenant remedies the breach

•Document any continued breach

•Maintain communication with tenant

•Keep records of all monitoring

Step 6: If Breach Not Remedied

•Document that breach was not remedied

•Prepare comprehensive case file

•Have solicitor review documentation

•Prepare for court proceedings

Discretionary Ground 2: Moderate Rent Arrears

This ground allows landlords to seek possession when tenants have accumulated moderate rent arrears (typically less than 2 months). This differs from the mandatory ground which requires significant arrears (2+ months).

Legal Requirements

To use this ground, you must meet all of the following requirements:

Requirement 1: Rent Arrears

The tenant must have unpaid rent. The arrears must be less than the threshold for mandatory grounds (typically less than 2 months).

Requirement 2: Arrears Outstanding

The arrears must be outstanding both at the time you serve notice and at the time of the court hearing.

Requirement 3: Notice

You must provide written notice to the tenant about the arrears.

Requirement 4: Reasonableness

The court must find it reasonable to grant possession. The court considers all circumstances, including the tenant's circumstances.

Burden of Proof

For this ground, you must prove:

1.Arrears Exist - Provide evidence of unpaid rent

2.Arrears Amount - Specify the exact amount of arrears

3.Arrears Outstanding - Show that arrears are still outstanding

4.Proper Notice Given - Prove that you gave proper notice

5.Reasonableness - Demonstrate that it's reasonable to grant possession given all circumstances

Evidence Requirements

To prove this ground, you must provide comprehensive evidence:

Essential Evidence:

•Rent Payment Records - Complete records showing:

•Rent due dates

•Amounts due

•Amounts paid

•Dates payments were received

•Current arrears balance

•Tenancy Agreement - Copy showing rent amount and payment terms

•Written Notice - Formal written notice to the tenant about arrears

•Proof of Service - Evidence that notice was properly served

•Bank Statements - Bank statements showing rent payments received

•Communication Records - Any communication with tenant about arrears

Supporting Evidence:

•Rent Collection Records - Records from any rent collection service

•Previous Demand Letters - Any previous demand letters sent

•Tenant Response - Any response from tenant to demands

•Attempts to Resolve - Evidence of attempts to resolve arrears

•Tenant's Financial Situation - Information about tenant's ability to pay (if relevant)

Documentation Requirements

Documentation Must Include:

•Detailed Arrears Calculation - Clear calculation showing:

•Rent due dates

•Amounts due

•Amounts paid

•Arrears balance

•Payment History - Complete payment history for the tenancy

•Current Status - Current arrears status at time of notice and court hearing

•Communication Timeline - Timeline of all communication about arrears

•Attempts to Resolve - What you've done to try to resolve arrears

Documentation Must Be:

•Accurate - Calculations must be accurate and verifiable

•Complete - Include all relevant payments and arrears

•Organized - Organized chronologically or by category

•Professional - Presented professionally

•Contemporaneous - Created at the time, not after the fact

Common Documentation Pitfalls

Pitfall 1: Inaccurate Arrears Calculation

Inaccurate calculations undermine your credibility and weaken your case.

Solution: Carefully verify all calculations. Have a solicitor review your calculation. Use spreadsheets to track payments.

Pitfall 2: Incomplete Payment Records

Missing payment records make it difficult to prove the arrears.

Solution: Maintain complete payment records. Use rent collection services that provide detailed records.

Pitfall 3: Tenant Pays Arrears Before Hearing

If the tenant pays arrears before the court hearing, you may lose the right to evict on this ground.

Solution: Be prepared for the tenant to pay arrears. Have a plan for what you'll do if they do. Consider whether you want to continue with the eviction.

Pitfall 4: Lack of Communication Documentation

If you cannot show that you've communicated with the tenant about arrears, the court may question reasonableness.

Solution: Document all communication about arrears. Send written demands. Keep records of all contact.

Pitfall 5: No Evidence of Attempts to Resolve

Jumping straight to eviction without attempting to resolve arrears can make the court question reasonableness.

Solution: Document attempts to resolve arrears. Communication with tenant, payment plan offers, etc.

Pitfall 6: Missing Notice Documentation

If you cannot prove that you gave proper notice, your case is weakened.

Solution: Always serve notice in writing. Keep proof of service.

Documentation Checklist

•Tenancy agreement (signed copy)

•Rent payment records (complete history)

•Detailed arrears calculation

•Current arrears balance

•Arrears at time of notice

•Arrears at time of court hearing

•Bank statements (showing rent received)

•Written notice to tenant

•Proof of service of notice

•Communication with tenant about arrears

•Demand letters (if sent)

•Tenant response to demands

•Attempts to resolve arrears

•Payment plan offers (if made)

•Information about tenant's circumstances (if relevant)

Discretionary Ground 3: Damage to Property

This ground allows landlords to seek possession when tenants have caused damage to the property beyond normal wear and tear.

Legal Requirements

To use this ground, you must meet all of the following requirements:

Requirement 1: Damage Occurred

The tenant must have caused damage to the property.

Requirement 2: Beyond Normal Wear and Tear

The damage must be beyond normal wear and tear. Minor damage from normal use doesn't qualify.

Requirement 3: Evidence of Damage

You must have clear evidence of the damage.

Requirement 4: Reasonableness

The court must find it reasonable to grant possession. The court considers all circumstances.

Burden of Proof

For this ground, you must prove:

1.Damage Occurred - Provide evidence that damage occurred

2.Tenant Caused Damage - Show that the tenant caused the damage

3.Beyond Normal Wear - Demonstrate that damage is beyond normal wear and tear

4.Extent of Damage - Show the extent and cost of damage

5.Reasonableness - Demonstrate that it's reasonable to grant possession given all circumstances

Evidence Requirements

To prove this ground, you must provide comprehensive evidence:

Essential Evidence:

•Photographs - Clear photographs of damage from multiple angles

•Video Evidence - Video walkthroughs showing damage

•Repair Quotes - Quotes from contractors for repairs

•Professional Assessment - Assessment from surveyor or contractor

•Tenancy Agreement - Copy showing tenant's responsibility for damage

•Move-In Condition - Evidence of property condition at move-in (move-in report, photos, etc.)

•Timeline - Clear timeline showing when damage occurred

Supporting Evidence:

•Inspection Reports - Reports from inspections showing damage

•Communication - Communication with tenant about damage

•Repair Invoices - Invoices for repairs (if already repaired)

•Witness Statements - Statements from witnesses who saw damage

•Insurance Claims - Insurance claim documents (if applicable)

Documentation Requirements

Documentation Must Include:

•Detailed Description - Specific description of each piece of damage

•Location - Specific location within property

•Extent of Damage - How extensive the damage is

•Cost of Repair - Cost to repair or replace

•Cause - How the damage was caused (if known)

•Timeline - When damage occurred

•Comparison to Move-In - How property condition has changed since move-in

Documentation Must Be:

•Visual - Include photos and videos

•Detailed - Specific descriptions of each damage

•Professional - Professional assessment and quotes

•Organized - Organized by location or type of damage

•Complete - Include all relevant damage

Common Documentation Pitfalls

Pitfall 1: Lack of Visual Evidence

Without photos or videos, it's difficult to prove damage.

Solution: Take clear photographs and videos of all damage. Include date stamps. Take multiple angles.

Pitfall 2: No Move-In Condition Record

Without evidence of property condition at move-in, it's difficult to prove the tenant caused the damage.

Solution: Create detailed move-in report with photos. Document property condition before tenant moves in.

Pitfall 3: No Professional Assessment

Without professional assessment, it's difficult to prove damage is beyond normal wear and tear.

Solution: Get quotes from contractors or assessment from surveyor. Use professional documentation.

Pitfall 4: Unclear Causation

If it's unclear how the damage was caused, the court may question whether the tenant is responsible.

Solution: Document how the damage was caused. Get witness statements if applicable.

Pitfall 5: Minor Damage

Minor damage may not be sufficient for eviction. The court may question reasonableness.

Solution: Focus on significant damage. Document the extent and cost of repairs.

Documentation Checklist

•Move-in report (with photos)

•Photographs of damage (multiple angles, date stamps)

•Video evidence of damage

•Repair quotes from contractors

•Professional assessment (surveyor, contractor)

•Tenancy agreement

•Description of damage

•Location of damage

•Extent of damage

•Cost of repair

•Timeline of damage

•Communication with tenant about damage

•Witness statements (if applicable)

•Repair invoices (if already repaired)

•Insurance documents (if applicable)

Discretionary Ground 4: Nuisance or Annoyance

This ground allows landlords to seek possession when tenants or occupants have caused nuisance or annoyance to neighbours or the community.

Legal Requirements

To use this ground, you must meet all of the following requirements:

Requirement 1: Nuisance or Annoyance

The tenant or occupant must have caused nuisance or annoyance. Examples include excessive noise, harassment, intimidation, or disruptive behaviour.

Requirement 2: Affects Neighbours/Community

The nuisance or annoyance must affect neighbours or the community, not just the landlord.

Requirement 3: Evidence of Nuisance

You must have clear evidence of the nuisance or annoyance.

Requirement 4: Reasonableness

The court must find it reasonable to grant possession. The court considers all circumstances.

Burden of Proof

For this ground, you must prove:

1.Nuisance Occurred - Provide evidence that nuisance occurred

2.Tenant Responsible - Show that the tenant or occupant caused the nuisance

3.Affects Neighbours - Demonstrate that it affects neighbours or community

4.Pattern of Behaviour - Show whether it's a one-off or pattern of behaviour

5.Reasonableness - Demonstrate that it's reasonable to grant possession given all circumstances

Evidence Requirements

To prove this ground, you must provide comprehensive evidence:

Essential Evidence:

•Neighbour Complaints - Written statements from neighbours describing the nuisance

•Police Reports - Police reports if police have been involved

•Photographs/Videos - Photos or videos of the nuisance (if applicable)

•Communication Records - Communication with tenant about the nuisance

•Notice - Written notice to tenant about the nuisance

•Proof of Service - Evidence that notice was properly served

•Timeline - Clear timeline showing when nuisance occurred

Supporting Evidence:

•Witness Statements - Statements from other witnesses

•Inspection Reports - Reports from inspections

•Previous Complaints - Records of previous complaints about this tenant

•Community Impact - Evidence of impact on community

•Attempts to Resolve - Evidence of attempts to resolve the issue

Documentation Requirements

Documentation Must Include:

•Detailed Description - Specific description of the nuisance

•Dates and Times - Specific dates and times when nuisance occurred

•Frequency - How often the nuisance occurs

•Impact - How it affects neighbours and community

•Previous Issues - Any previous similar issues with this tenant

•Attempts to Resolve - What you've done to try to resolve the issue

Documentation Must Be:

•Objective - Based on facts, not opinions

•Detailed - Specific descriptions of the nuisance

•Contemporaneous - Documented at the time

•Organized - Organized chronologically

•Professional - Written professionally

Common Documentation Pitfalls

Pitfall 1: Vague Descriptions

Vague descriptions like "the tenant is noisy" are not sufficient.

Solution: Provide specific descriptions. Example: "Loud music from tenant's flat, audible in adjacent properties, between 10 PM and 2 AM on multiple occasions."

Pitfall 2: Lack of Neighbour Complaints

Without neighbour complaints, it's difficult to prove the nuisance affects the community.

Solution: Collect written complaints from neighbours. Get specific details about the nuisance.

Pitfall 3: One-Off Incident

A single incident may not be sufficient for eviction. The court may question reasonableness.

Solution: Document pattern of behaviour. Show multiple incidents over time.

Pitfall 4: No Police Involvement

For serious nuisance, police involvement strengthens your case.

Solution: Contact police if appropriate. Keep police report numbers and details.

Pitfall 5: No Attempts to Resolve

Jumping straight to eviction without attempting to resolve the issue can make the court question reasonableness.

Solution: Document attempts to resolve. Communication with tenant, notice to remedy, etc.

Pitfall 6: Subjective Opinions

Subjective opinions like "the tenant is troublesome" are not evidence.

Solution: Stick to objective facts. Example: "Neighbours reported loud noise at 11 PM on 5 occasions in February."

Documentation Checklist

•Tenancy agreement (signed copy)

•Written complaints from neighbours (specific details)

•Police reports (if applicable)

•Photographs or videos (if applicable)

•Communication with tenant about nuisance

•Notice to tenant about nuisance

•Proof of service of notice

•Timeline of incidents

•Dates and times of nuisance

•Frequency of nuisance

•Impact on neighbours/community

•Previous complaints about this tenant

•Attempts to resolve

•Witness statements (if applicable)

•Community impact documentation

The Critical Role of Documentation in Discretionary Grounds

Why Documentation is Everything

For discretionary grounds, documentation is absolutely critical. Here's why:

1. Burden of Proof is on Landlord

Unlike mandatory grounds where the burden is relatively straightforward, discretionary grounds require you to prove both the ground and that it's reasonable to grant possession.

2. Court Has Discretion

The court has discretion to refuse possession even if the ground is proven. Good documentation helps convince the court that possession is reasonable.

3. Tenant Can Challenge

Tenants can challenge discretionary grounds more effectively than mandatory grounds. Good documentation helps you defend against challenges.

4. Court Considers All Circumstances

The court considers all circumstances, including the tenant's circumstances. Good documentation helps present your case clearly.

5. Weak Documentation Loses Cases

Many landlords lose discretionary ground cases not because they don't have valid reasons, but because their documentation is weak.

Documentation Best Practices

Practice 1: Document Contemporaneously

Document issues at the time they occur, not weeks or months later. Contemporaneous documentation is more credible.

Practice 2: Be Specific and Detailed

Provide specific, detailed descriptions. Vague descriptions are not sufficient.

Practice 3: Use Objective Language

Use objective facts, not subjective opinions. Example: "Noise at 11 PM" not "tenant is noisy."

Practice 4: Organize Systematically

Organize documentation chronologically or by category. Make it easy for the court to follow.

Practice 5: Include Visual Evidence

Include photos, videos, and professional assessments. Visual evidence is powerful.

Practice 6: Keep Proof of Service

Always keep proof that you served notice on the tenant. This is critical.

Practice 7: Document Attempts to Resolve

Document all attempts to resolve the issue. This demonstrates reasonableness.

Practice 8: Use Professional Documentation

Use professional assessments, quotes, and reports. Professional documentation is more credible.

Practice 9: Create a Case File

Create a comprehensive case file with all documentation organized and indexed. This makes it easy to present your case to the court.

Practice 10: Have a Solicitor Review

Have a solicitor review your documentation before going to court. They can identify gaps or weaknesses.

The Critical Role of Documentation in Discretionary Grounds

Scenario: Tenant Causing Nuisance

Situation: Tenant is causing excessive noise, disturbing neighbours.

Weak Documentation Example

What the Landlord Did:

•Received complaints from neighbours

•Sent informal email to tenant saying "please be quieter"

•Kept no written records

•No formal notice served

•No timeline of incidents

•No neighbour statements

What Happened in Court:

•Landlord stated "tenant is too noisy"

•Tenant argued "I'm not excessively noisy, just normal living"

•Court had no objective evidence

•No clear timeline of incidents

•No neighbour statements to corroborate

•Court denied possession

Why It Failed:

•No objective evidence

•No neighbour complaints in writing

•No formal notice

•No timeline

•Weak case presentation

Strong Documentation Example

What the Landlord Did:

•Received complaints from neighbours

•Requested written statements from neighbours (specific dates, times, details)

•Sent formal written notice to tenant (specific details of nuisance, dates, times)

•Kept proof of service of notice

•Documented attempts to resolve

•Created timeline of incidents

•Collected 3 written neighbour statements

•Contacted police (noise complaints recorded)

•Created comprehensive case file

What Happened in Court:

•Landlord presented written neighbour statements

•Presented formal notice with specific details

•Presented timeline of incidents

•Presented police records

•Tenant had no response to objective evidence

•Court found nuisance proven and reasonable to grant possession

•Court granted possession

Why It Succeeded:

•Objective evidence (neighbour statements)

•Formal notice with specific details

•Clear timeline of incidents

•Police involvement

•Comprehensive documentation

•Strong case presentation

Key Differences

Aspect	Weak Documentation	Strong Documentation
Evidence	Vague, subjective	Specific, objective
Neighbour Input	Informal complaints	Written statements
Notice	Informal email	Formal written notice
Timeline	No timeline	Clear timeline
Professional Input	None	Police records
Organization	Disorganized	Comprehensive case file
Court Result	Denied	Granted

Pre-Court Preparation

Step 1: Gather All Documentation

•Collect all relevant documentation

•Organize chronologically or by category

•Create index of all documents

•Number all documents for reference

Step 2: Create Timeline

•Create clear timeline of events

•Include dates, times, and details

•Show pattern of behaviour (if applicable)

•Highlight key incidents

Step 3: Prepare Case Summary

•Write 1-2 page summary of your case

•Explain the ground you're using

•Summarize key evidence

•Explain why it's reasonable to grant possession

Step 4: Have Solicitor Review

•Have solicitor review all documentation

•Have solicitor review your case summary

•Get solicitor's assessment of strength of case

•Get solicitor's advice on presentation

Step 5: Prepare for Court

•Prepare to explain your case clearly

•Prepare for tenant's arguments

•Practice presenting your case

•Prepare to answer court's questions

Court Presentation

Presentation Best Practices:

•Be Professional - Dress professionally, speak clearly

•Be Organized - Present documents in clear order

•Be Objective - Stick to facts, avoid emotional language

•Be Prepared - Know your case inside out

•Be Respectful - Treat the court and tenant respectfully

•Be Clear - Explain your case clearly and concisely

•Be Responsive - Answer the court's questions directly

Documentation is Your Foundation

For discretionary grounds for possession, robust documentation is absolutely essential. It's not a box-ticking exercise; it's the foundation of your case.

Key Takeaways:

The burden of proof lies with the landlord for discretionary grounds. You must prove both the ground and that it's reasonable to grant possession.

Documentation is critical. Weak documentation loses cases, even when you have valid reasons for eviction.

Specific, objective documentation is more credible than vague, subjective documentation.

Contemporaneous documentation (documented at the time) is more credible than documentation created later.

Professional documentation (photos, quotes, assessments, police reports) strengthens your case.

Organized, comprehensive documentation makes it easy for the court to understand your case.

Attempts to resolve the issue demonstrate reasonableness and strengthen your case.

Many landlords fail not because they don't have valid reasons, but because their documentation is weak. Don't be one of them.

Ready to Master Discretionary Grounds?

If you're uncertain about how to document your case for discretionary grounds, professional guidance is available.

Contact us on WhatsApp: +44 330 341 3063

We can help you:

•Understand the 4 discretionary grounds

•Determine which ground applies to your situation

•Develop comprehensive documentation

•Prepare your case for court

•Navigate the court process

•Achieve successful possession

With 25+ years of experience managing rental properties across the UK, we understand discretionary grounds and know how to help you build a strong case.