Ground 13 covers damage and waste. Prove tenant caused or allowed deterioration beyond normal wear.
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Ground 13 is a discretionary possession ground for property deterioration caused by the tenant, members of their household, or their guests. It covers acts of waste (damaging or destroying the property) or neglect (failing to take proper care). Normal wear and tear does not qualify. From May 2026, you need clear evidence with photos, contractor reports, or inspection records showing damage beyond reasonable use. Tribunals must consider if possession is reasonable. Notice period is 4 weeks.
Check-in inventory and condition report from tenancy start
Photos or videos showing current deterioration
Contractor or surveyor reports on damage
Comparison showing before vs after condition
Evidence damage is beyond normal wear and tear
Communication with tenant about condition
Notice of seeking possession (minimum 4 weeks)
Why this matters: Missing or incomplete evidence can lead to case dismissal, costing months of unpaid rent and legal fees. Tribunals require clear, organized documentation that proves all requirements are met.
4 weeks
Minimum required
Section 8 Notice
Notice of Seeking Possession
Hand delivered or first-class post
Proof of service required
Use Locastica to gather and organize the evidence typically needed for Ground 13: Property Condition Deterioration:
All information is for informational purposes only and does not constitute legal advice. Consult a qualified solicitor for specific legal guidance.
Ground 13 is a discretionary possession ground for damage or deterioration caused by the tenant, their household, or guests. It covers "waste" (deliberate or negligent damage) or "neglect" (failure to care for the property properly). Normal wear and tear does not qualify. You need clear evidence the condition has deteriorated beyond reasonable use. Tribunals decide if possession is reasonable.
Wear and tear: gradual deterioration from ordinary use (carpet thinning, paint fading, minor scuffs). Damage: deterioration beyond normal use (holes in walls, broken fixtures, cigarette burns, pet damage, mold from not ventilating). Ground 13 only applies to damage. A good test: would a reasonable tenant cause this level of deterioration? If yes, it's wear and tear.
Yes, if the damage was caused by anyone in the tenant's household or their guests/visitors. The tenant is responsible for the conduct of their household and guests. Example: tenant's friend punches hole in wall during party - you can use Ground 13. But you need to prove the visitor caused it.
Not legally required, but highly recommended. Contractor or surveyor reports give weight to your claim. At minimum, you need: (1) check-in inventory showing initial condition, (2) dated photos of current damage, (3) itemized list of damage vs normal wear, (4) estimated repair costs. Professional reports strengthen reasonableness arguments.
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