Mandatory Grounds for Possession: A Landlord's Essential Guide to Evidence, Notice Periods, and Compliance

Under the latest regulations, a clear understanding of the mandatory grounds for possession is no longer optional—it's essential for effective and compliant property management. These grounds, including landlord move-in, property sales, and significant rent arrears, require precise evidence and adherence to strict notice periods.

Getting the details wrong can mean the difference between a swift, successful eviction and a prolonged legal battle that costs time and money.

In this comprehensive guide, we'll explore:

•What mandatory grounds are and why they matter

•The 4 mandatory grounds in detail

•Precise evidence requirements for each ground

•Strict notice period requirements

•Common mistakes and how to avoid them

•Documentation checklists for each ground

•Step-by-step procedures for each ground

•Real-world examples showing proper execution

Understanding Mandatory Grounds for Possession

What Are Mandatory Grounds?

Mandatory grounds for possession are specific, legally defined reasons for eviction where courts must grant possession if the ground is proven and all procedural requirements are met.

Key Characteristics of Mandatory Grounds:

1. Objective Criteria

Mandatory grounds have clear, objective criteria. Either the ground is met or it isn't. There's less room for interpretation than with discretionary grounds.

2. Court Must Grant Possession

If you prove the ground and meet all procedural requirements, the court must grant possession. The court has no discretion to refuse.

3. Faster Court Process

Because courts must grant possession, the court process is typically faster than with discretionary grounds.

4. Limited Tenant Defense

Tenants have limited options to defend against mandatory grounds. They can only challenge procedural issues (e.g., insufficient notice) or argue the ground is not proven.

5. Strict Procedural Requirements

Mandatory grounds have strict procedural requirements. You must follow these requirements exactly. Failure to do so can result in your case being dismissed.

Why Mandatory Grounds Matter

Understanding mandatory grounds is essential because:

1. Legal Compliance

Operating outside the legal framework exposes you to significant liability. Understanding mandatory grounds ensures you operate within the law.

2. Efficient Eviction

Using the correct mandatory ground (when applicable) enables faster, more efficient eviction.

3. Cost Savings

Faster eviction means lower legal costs and less lost rent.

4. Predictable Outcomes

Mandatory grounds provide more predictable outcomes than discretionary grounds.

5. Tenant Confidence

Demonstrating knowledge of mandatory grounds builds confidence with tenants that you're operating professionally and legally.

The 4 Mandatory Grounds for Possession

Overview of the 4 Grounds

The new framework introduces 4 mandatory grounds for possession:

1.Landlord's Own Use (End of Tenancy)

2.Property Sale (Vacant Possession)

3.Significant Rent Arrears

4.Serious Breach or Antisocial Behaviour/Criminality

Each ground has specific requirements, evidence needs, and notice period requirements.

Mandatory Ground 1: Landlord's Own Use (End of Tenancy)

This ground allows landlords to regain possession of their property when they genuinely intend to occupy it as their own home.

Legal Requirements

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

Requirement 1: Genuine Intention to Occupy

You must genuinely intend to occupy the property as your own home. This is not a ground for evicting tenants simply because you want to sell the property. You must actually plan to live in the property.

Requirement 2: Not Purchased with Letting Intention

You must not have purchased the property with the primary intention of letting it to tenants. If you bought the property specifically to let it out, you cannot use this ground.

Requirement 3: Notice Period

You must provide at least 2 months' notice to the tenant. The notice must be in writing and must clearly state your intention to occupy the property.

Requirement 4: Timing

The property must not have been let for more than a certain period (typically 3 years, but check current regulations). If you've let the property for longer than this, you may not be able to use this ground.

Evidence Requirements

To prove this ground, you must provide clear evidence of your genuine intention to occupy:

Essential Evidence:

•Written Notice - A formal, written notice to the tenant stating your intention to occupy the property (at least 2 months in advance)

•Proof of Service - Evidence that the notice was properly served on the tenant (hand delivery, registered mail, etc.)

•Evidence of Intention - Documentation showing your genuine intention to occupy, such as:

•Plans to move to the property

•Sale of your current home

•Relocation for work or family reasons

•Renovation plans for the property

•Mortgage documents showing the property is in your name

Supporting Evidence:

•Tenancy Agreement - Copy of the original tenancy agreement

•Tenancy History - Records showing how long the property has been let

•Communication - Any communication with the tenant about your plans

•Professional Advice - Letters from solicitors or property advisors discussing your plans

Notice Period Requirements

Minimum Notice: 2 months (60 days)

Notice Must Include:

•Your name and address

•The property address

•The date the notice takes effect

•A clear statement that you intend to occupy the property as your own home

•The reason for occupation (if applicable)

•Your contact details

Notice Must Be Served:

•In writing

•By hand delivery, registered mail, or other approved method

•To the tenant at the property address or their last known address

•With proof of service retained

Timeline:

•Notice served on [Date]

•Notice period begins: [Date]

•Notice period ends: [Date + 2 months]

•Tenant must vacate by: [End of notice period]

Common Mistakes to Avoid

Mistake 1: Insufficient Notice Period

Providing less than 2 months' notice invalidates the notice. The notice period must be at least 2 months.

Solution: Always provide at least 2 months' notice. Consider providing 3 months to allow extra time.

Mistake 2: Lack of Genuine Intention

If you cannot demonstrate genuine intention to occupy, the court may reject your claim.

Solution: Document your genuine intention clearly. Keep evidence of plans to move, sale of current home, etc.

Mistake 3: Improper Notice Service

If the notice is not properly served, it may be invalid.

Solution: Serve notice by hand delivery or registered mail. Keep proof of service.

Mistake 4: Letting the Property Again

If you let the property to another tenant after the previous tenant vacates, you may face claims that you didn't genuinely intend to occupy it.

Solution: If you don't occupy the property, be prepared to explain why and what changed.

Mistake 5: Purchasing with Letting Intention

If you purchased the property specifically to let it out, you cannot use this ground.

Solution: Only use this ground if you genuinely intend to occupy the property.

Documentation Checklist

•Tenancy agreement (signed copy)

•Written notice to tenant (at least 2 months)

•Proof of service of notice (hand delivery receipt, registered mail receipt, etc.)

•Evidence of genuine intention to occupy (plans, sale of current home, etc.)

•Tenancy history (showing how long property has been let)

•Communication with tenant about plans

•Mortgage documents (if applicable)

•Proof of ownership

•Court documents (if applicable)

Step-by-Step Procedure

Step 1: Verify Your Eligibility

•Confirm you genuinely intend to occupy the property

•Confirm you didn't purchase the property with the primary intention of letting it

•Confirm the property hasn't been let for more than the allowed period

Step 2: Prepare Written Notice

•Draft formal written notice

•Include all required information

•Have it reviewed by a solicitor (recommended)

•Print and sign the notice

Step 3: Serve Notice on Tenant

•Serve notice by hand delivery or registered mail

•Retain proof of service

•Document the date notice was served

•Keep a copy for your records

Step 4: Document Your Intention

•Collect evidence of your genuine intention to occupy

•Keep all documentation organized

•Prepare to explain your plans to the court if necessary

Step 5: Monitor Notice Period

•Track the notice period expiration date

•Communicate with tenant about move-out date

•Prepare for tenant to vacate on the notice period expiration date

Step 6: If Tenant Doesn't Vacate

•File court claim for possession

•Attend court hearing

•Present your documentation to the court

•Obtain possession order if court grants possession

•Apply for bailiff enforcement if tenant still doesn't vacate

Mandatory Ground 2: Property Sale (Vacant Possession)

This ground allows landlords to regain possession of their property when they intend to sell it. This is one of the most commonly used mandatory grounds.

Legal Requirements

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

Requirement 1: Genuine Intention to Sell

You must genuinely intend to sell the property. This is not a ground for evicting tenants simply because you want to occupy the property. You must actually plan to sell it.

Requirement 2: Notice Period

You must provide at least 2 months' notice to the tenant. The notice must be in writing and must clearly state your intention to sell the property.

Requirement 3: Vacant Possession

The property must be sold with vacant possession. This means the tenant must have vacated before the sale completes.

Evidence Requirements

To prove this ground, you must provide clear evidence of your genuine intention to sell:

Essential Evidence:

•Written Notice - A formal, written notice to the tenant stating your intention to sell the property (at least 2 months in advance)

•Proof of Service - Evidence that the notice was properly served on the tenant

•Evidence of Intention - Documentation showing your genuine intention to sell, such as:

•Estate agent listing

•Sale agreement with buyer

•Mortgage documents

•Property valuation

•Communication with estate agent or solicitor

Supporting Evidence:

•Tenancy Agreement - Copy of the original tenancy agreement

•Tenancy History - Records showing how long the property has been let

•Communication - Any communication with the tenant about the sale

•Professional Advice - Letters from solicitors or estate agents discussing the sale

Notice Period Requirements

Minimum Notice: 2 months (60 days)

Notice Must Include:

•Your name and address

•The property address

•The date the notice takes effect

•A clear statement that you intend to sell the property

•That vacant possession is required

•Your contact details

Notice Must Be Served:

•In writing

•By hand delivery, registered mail, or other approved method

•To the tenant at the property address or their last known address

•With proof of service retained

Common Mistakes to Avoid

Mistake 1: Insufficient Notice Period

Providing less than 2 months' notice invalidates the notice.

Solution: Always provide at least 2 months' notice.

Mistake 2: Lack of Genuine Intention

If you cannot demonstrate genuine intention to sell, the court may reject your claim.

Solution: Document your genuine intention clearly. Keep evidence of estate agent listing, sale agreement, etc.

Mistake 3: Improper Notice Service

If the notice is not properly served, it may be invalid.

Solution: Serve notice by hand delivery or registered mail. Keep proof of service.

Mistake 4: Not Selling the Property

If you don't sell the property after evicting the tenant, you may face claims that you didn't genuinely intend to sell.

Solution: Only use this ground if you genuinely intend to sell the property.

Mistake 5: Selling with Tenant in Place

If the sale completes with the tenant still in the property, the new owner may face complications.

Solution: Ensure the tenant vacates before the sale completes.

Documentation Checklist

•Tenancy agreement (signed copy)

•Written notice to tenant (at least 2 months)

•Proof of service of notice

•Evidence of genuine intention to sell (estate agent listing, sale agreement, etc.)

•Tenancy history

•Communication with tenant about the sale

•Estate agent correspondence

•Solicitor correspondence

•Court documents (if applicable)

Step-by-Step Procedure

Step 1: Verify Your Eligibility

•Confirm you genuinely intend to sell the property

•Confirm you have a buyer or are actively marketing the property

Step 2: Prepare Written Notice

•Draft formal written notice

•Include all required information

•Have it reviewed by a solicitor (recommended)

Step 3: Serve Notice on Tenant

•Serve notice by hand delivery or registered mail

•Retain proof of service

•Document the date notice was served

Step 4: Document Your Intention

•List the property with an estate agent

•Collect evidence of your genuine intention to sell

•Keep all documentation organized

Step 5: Monitor Notice Period

•Track the notice period expiration date

•Communicate with tenant about move-out date

•Coordinate with estate agent about viewings

Step 6: If Tenant Doesn't Vacate

•File court claim for possession

•Attend court hearing

•Present your documentation to the court

•Obtain possession order if court grants possession

•Apply for bailiff enforcement if necessary

Mandatory Ground 3: Significant Rent Arrears

This ground allows landlords to regain possession when tenants have accumulated significant rent arrears. This is one of the most commonly used mandatory grounds.

Legal Requirements

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

Requirement 1: Significant Arrears

Rent arrears must exceed a specific threshold. Currently, this is typically 2 months' rent or more.

Requirement 2: Arrears Outstanding at Notice and Hearing

The arrears must be outstanding both at the time you serve notice and at the time of the court hearing. If the tenant pays the arrears before the hearing, you may lose the right to evict on this ground.

Requirement 3: Notice Period

You must provide at least 2 months' notice to the tenant. The notice must be in writing and must clearly state the amount of arrears.

Requirement 4: Proper Notice Service

The notice must be properly served on the tenant using approved methods.

Evidence Requirements

To prove this ground, you must provide clear evidence of the rent arrears:

Essential Evidence:

•Rent Payment Records - Complete records showing:

•Rent due dates

•Amounts due

•Amounts paid

•Dates payments were received

•Current arrears balance

•Written Notice - A formal, written notice to the tenant stating the amount of arrears (at least 2 months in advance)

•Proof of Service - Evidence that the notice was properly served on the tenant

•Tenancy Agreement - Copy showing the rent amount and payment terms

Supporting Evidence:

•Bank Statements - Bank statements showing rent payments received

•Rent Collection Records - Records from any rent collection service used

•Communication - Any communication with the tenant about arrears

•Demand Letters - Any previous demand letters sent to the tenant

•Court Documents - If applicable, any previous court documents

Notice Period Requirements

Minimum Notice: 2 months (60 days)

Notice Must Include:

•Your name and address

•The property address

•The date the notice takes effect

•The amount of rent arrears

•The rent due dates and amounts

•A clear statement that possession is being sought due to arrears

•Your contact details

Notice Must Be Served:

•In writing

•By hand delivery, registered mail, or other approved method

•To the tenant at the property address or their last known address

•With proof of service retained

Common Mistakes to Avoid

Mistake 1: Insufficient Arrears

If arrears are below the significant threshold (typically less than 2 months), you cannot use this mandatory ground. You may need to use the discretionary ground instead.

Solution: Verify that arrears meet the significant threshold before serving notice.

Mistake 2: Tenant Pays Arrears Before Hearing

If the tenant pays the 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.

Mistake 3: Inaccurate Arrears Calculation

If your arrears calculation is inaccurate, the court may reject your claim.

Solution: Carefully verify your rent payment records. Have a solicitor review your calculation.

Mistake 4: Improper Notice Service

If the notice is not properly served, it may be invalid.

Solution: Serve notice by hand delivery or registered mail. Keep proof of service.

Mistake 5: Insufficient Documentation

If you cannot provide clear documentation of the arrears, the court may reject your claim.

Solution: Maintain detailed rent payment records. Keep all documentation organized.

Documentation Checklist

•Tenancy agreement (signed copy)

•Rent payment records (showing all payments and arrears)

•Written notice to tenant (at least 2 months, stating arrears amount)

•Proof of service of notice

•Bank statements (showing rent payments received)

•Rent collection records (if applicable)

•Communication with tenant about arrears

•Demand letters (if sent)

•Court documents (if applicable)

Step-by-Step Procedure

Step 1: Verify Arrears

•Calculate total rent arrears

•Verify that arrears exceed the significant threshold (typically 2 months)

•Confirm arrears are outstanding at the time of notice

Step 2: Prepare Written Notice

•Draft formal written notice

•Include the exact amount of arrears

•Include rent due dates and amounts

•Have it reviewed by a solicitor (recommended)

Step 3: Serve Notice on Tenant

•Serve notice by hand delivery or registered mail

•Retain proof of service

•Document the date notice was served

Step 4: Monitor Notice Period

•Track the notice period expiration date

•Monitor whether tenant pays arrears

•Maintain communication with tenant about arrears

Step 5: If Tenant Doesn't Pay Arrears

•File court claim for possession

•Prepare all documentation for court

•Attend court hearing

•Present your documentation to the court

Step 6: If Court Grants Possession

•Obtain possession order from court

•If tenant doesn't vacate, apply for bailiff enforcement

Mandatory Ground 4: Serious Breach or Antisocial Behaviour/Criminality

This ground allows landlords to regain possession when tenants have seriously breached the tenancy agreement or engaged in antisocial behaviour or criminal activity.

Legal Requirements

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

Requirement 1: Serious Breach or Antisocial Behaviour

The breach or behaviour must be serious. Minor or technical breaches do not qualify.

Requirement 2: Clear Evidence

You must have clear evidence of the breach or behaviour.

Requirement 3: Notice to Remedy

For breach of tenancy, you must first provide notice requiring the tenant to remedy the breach. The tenant must be given a reasonable opportunity to remedy.

Requirement 4: Notice of Possession Proceedings

You must provide notice that you're seeking possession.

Evidence Requirements

To prove this ground, you must provide clear evidence of the serious breach or behaviour:

For Serious Breach:

•Tenancy Agreement - Copy showing the term that was breached

•Evidence of Breach - Clear evidence of the breach, such as:

•Photos of damage

•Inspection reports

•Witness statements

•Police reports

•Professional assessments

•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

For Antisocial Behaviour:

•Tenancy Agreement - Copy showing the term prohibiting antisocial behaviour

•Evidence of Behaviour - Clear evidence of the behaviour, such as:

•Neighbour complaints (written statements)

•Police reports

•Photos or videos

•Witness statements

•Professional assessments

•Notice - Written notice to the tenant about the behaviour

•Proof of Service - Evidence that notice was properly served

•Communication - Any communication with the tenant about the behaviour

For Criminal Activity:

•Tenancy Agreement - Copy showing the term prohibiting criminal activity

•Evidence of Activity - Clear evidence of the activity, such as:

•Police reports

•Arrest records

•Court documents

•Witness statements

•Notice - Written notice to the tenant

•Proof of Service - Evidence that notice was properly served

Notice Period Requirements

Notice to Remedy (if applicable): Reasonable notice to remedy the breach (typically 14-28 days)

Notice of Possession Proceedings: Written notice that you're seeking possession

Notice Must Include:

•Your name and address

•The property address

•A clear description of the breach or behaviour

•For breach: notice to remedy and reasonable time period

•A statement that you're seeking possession if the issue is not resolved

•Your contact details

Notice Must Be Served:

•In writing

•By hand delivery, registered mail, or other approved method

•To the tenant at the property address or their last known address

•With proof of service retained

Common Mistakes to Avoid

Mistake 1: Insufficient Evidence

If you cannot provide clear evidence of the breach or behaviour, the court may reject your claim.

Solution: Document the breach or behaviour thoroughly. Collect photos, witness statements, police reports, etc.

Mistake 2: Breach Not Serious Enough

If the breach is minor or technical, it may not qualify as a serious breach.

Solution: Ensure the breach is genuinely serious. Consult with a solicitor if unsure.

Mistake 3: Improper Notice Service

If the notice is not properly served, it may be invalid.

Solution: Serve notice by hand delivery or registered mail. Keep proof of service.

Mistake 4: Insufficient Time to Remedy

If you don't give the tenant reasonable time to remedy the breach, the court may reject your claim.

Solution: Provide reasonable notice to remedy (typically 14-28 days).

Mistake 5: Tenant Remedies the Breach

If the tenant remedies the breach within the notice period, you may lose the right to evict on this ground.

Solution: Be prepared for the tenant to remedy the breach. Have a plan for what you'll do if they do.

Documentation Checklist

•Tenancy agreement (signed copy)

•Evidence of breach or behaviour (photos, reports, statements, etc.)

•Notice to remedy breach (if applicable)

•Proof of service of notice to remedy

•Notice of possession proceedings

•Proof of service of possession notice

•Communication with tenant about the issue

•Police reports (if applicable)

•Neighbour complaints (if applicable)

•Court documents (if applicable)

Step-by-Step Procedure

Step 1: Document the Breach or Behaviour

•Collect clear evidence of the breach or behaviour

•Take photos, videos, or get written statements

•Contact police if criminal activity is involved

•Document dates, times, and details

Step 2: Serve Notice to Remedy (if applicable)

•Draft formal notice requiring the tenant to remedy the breach

•Provide reasonable time to remedy (typically 14-28 days)

•Serve notice by hand delivery or registered mail

•Retain proof of service

Step 3: Monitor Compliance

•Track whether the tenant remedies the breach

•Document any continued breach or behaviour

•Maintain communication with tenant

Step 4: If Breach Not Remedied

•Serve notice of possession proceedings

•Prepare all documentation for court

•Have a solicitor review your case

Step 5: File Court Claim

•File court claim for possession

•Attend court hearing

•Present your documentation to the court

Step 6: If Court Grants Possession

•Obtain possession order from court

•If tenant doesn't vacate, apply for bailiff enforcement

Comparison of the 4 Mandatory Grounds

Ground	Reason	Notice Period	Key Evidence	Court Timeline	Tenant Defense
Landlord's Own Use	Landlord intends to occupy	2 months	Genuine intention to occupy	Fast	Limited (procedural only)
Property Sale	Landlord intends to sell	2 months	Genuine intention to sell	Fast	Limited (procedural only)
Significant Rent Arrears	Tenant owes 2+ months rent	2 months	Rent payment records	Fast	Limited (can pay arrears)
Serious Breach/Antisocial	Serious breach or behaviour	Varies	Evidence of breach/behaviour	Moderate	Limited (can remedy breach)

Critical Success Factors for Mandatory Grounds

1. Precise Evidence

Evidence must be precise and complete. Vague or incomplete evidence weakens your case.

Best Practices:

•Collect all relevant documentation

•Organize evidence systematically

•Include dates, times, and details

•Use professional documentation (police reports, inspection reports, etc.)

•Have a solicitor review your evidence

2. Strict Notice Periods

Notice periods must be adhered to strictly. Insufficient notice invalidates the notice.

Best Practices:

•Always provide at least the minimum notice period

•Consider providing extra notice to be safe

•Serve notice by hand delivery or registered mail

•Keep proof of service

•Document the date notice was served

3. Proper Notice Service

Notice must be properly served using approved methods. Improper service invalidates the notice.

Best Practices:

•Serve by hand delivery or registered mail

•Keep proof of service (receipt, tracking number, etc.)

•Serve to the tenant's address or last known address

•Consider serving to multiple addresses if unsure

•Have a solicitor review your service method

4. Complete Documentation

All documentation must be complete and organized. Missing documentation weakens your case.

Best Practices:

•Use documentation checklists

•Organize documents systematically

•Include all relevant documents

•Have a solicitor review your documentation

•Prepare for court by organizing documents logically

5. Professional Presentation

Present your case professionally and clearly. Poor presentation weakens your case.

Best Practices:

•Have a solicitor represent you in court

•Organize your evidence clearly

•Present facts objectively

•Respond professionally to tenant's arguments

•Follow court procedures and rules

Mastering Mandatory Grounds

Understanding mandatory grounds for possession is essential for effective and compliant property management. The 4 mandatory grounds—landlord's own use, property sale, significant rent arrears, and serious breach/antisocial behaviour—provide clear, legal grounds for eviction when all requirements are met.

Key Takeaways:

Mandatory grounds require precise evidence and strict adherence to notice periods. Getting the details wrong can invalidate your case.

Each ground has specific requirements, evidence needs, and notice period requirements. Understanding these requirements is essential.

Documentation is critical. Complete, organized documentation supports your case and protects you from tenant challenges.

Professional guidance is valuable. A solicitor experienced in landlord law can help you navigate the process and avoid costly mistakes.

Preparation and planning are essential. Landlords who prepare thoroughly are more likely to succeed.

Ready to Master Mandatory Grounds?

If you're uncertain about how to use mandatory grounds for possession, professional guidance is available.

Contact us on WhatsApp: +44 330 341 3063

We can help you:

•Understand the 4 mandatory grounds

•Determine which ground applies to your situation

•Prepare precise evidence

•Serve proper notice

•Navigate the court process

•Achieve successful possession

With 25+ years of experience managing rental properties across the UK, we understand mandatory grounds and know how to help you succeed