Section 8 Ground 13: deterioration of the property
Direct answer
Ground 13 allows a landlord to seek possession where the property has deteriorated because of tenant waste, neglect, or default. It is discretionary, with a 2-week notice period. Courts distinguish carefully between tenant damage and landlord disrepair: many Ground 13 claims fail because the landlord cannot show the deterioration was caused by the tenant.
This is legal information, not legal advice. If your situation is urgent or already in court, call Shelter on 0808 800 4444 or contact your local Citizens Advice for free expert advice.
Free checkers
- Section 8 checker
Run the free interactive Section 8 checker for a personalised analysis based on your facts. - All Section 8 grounds
Browse the hub of the main Section 8 possession grounds private renters face.
Related guidance inside this topic
- If your next step turns on legacy Section 21 notice rules, read legacy Section 21 checker.
- For the dates, forms, and evidence behind legacy Section 21 notice rules, see Section 21 validity guides before you respond.
- If this issue overlaps with legacy Section 21 notice rules, check overview of tenant rights in England to compare the legal tests.
- For a fuller breakdown of deposit protection and deduction disputes, use deposit prescribed information guide for the underlying rule set.
- If you need the route-specific rules on legacy Section 21 notice rules, start with tenant FAQ hub so you can check the dates and documents against your own case.
Sources used for this guide
These are primary legislation and public guidance sources that support the legal-information framework used on this page.
- Housing Act 1988
Primary statute for assured tenancies, Section 8 possession notices, Schedule 2 grounds, and legacy Section 21 rules. - Renters' Rights Act 2025
Primary reform statute referenced by these guides for the 2026 private rented sector changes in England. - GOV.UK assured tenancy forms guidance
Official forms guidance for assured tenancy possession notices, including the current Section 8 notice forms used in England. - GOV.UK: possession action process
Government guidance on the possession claim process, including notice, court, possession order, and enforcement stages. - Shelter Legal: Section 8 notices
Shelter Legal guidance on Section 8 notice validity, Form 3, particulars, service, notice periods, and time limits.
Related articles
- Deposit protected late? Section 21 may be invalid
How late deposit protection after the 30-day deadline affects a legacy Section 21 notice. - Section 21 deposit protection prescribed information validity
Current guidance on deposit amount, property address, and prescribed-information checks for legacy Section 21 notices. - Section 21 abolished: what happens now?
The transition guide for pre-cutoff notices, the 1 May 2026 changeover, and when possession analysis switches to Section 8. - Old rules vs new rules after May 2026
The side-by-side transition guide for Section 21, Section 8, rent increases, and periodic tenancies after 1 May 2026. - Renters' Rights Act 2026: complete guide
The main reform guide covering Section 21 abolition, Section 8, rent increases, pets, and private rented sector enforcement changes.
Common questions
- What is the difference between deterioration and wear and tear?
- Wear and tear is the normal degradation that comes from ordinary use over time - faded paint, worn carpets. Deterioration under Ground 13 means damage beyond ordinary use: holes in walls, broken fittings, neglected garden becoming a hazard.
- Can my landlord evict me for damp and mould?
- Almost never under Ground 13. Damp and mould are usually a landlord repair issue under section 11 LTA 1985 and the Homes (Fitness) Act 2018. A Ground 13 damp claim requires the landlord to show you caused damp through deliberate or grossly negligent conduct - that is rare.
- Does a Ground 13 Section 8 notice mean I have to leave immediately?
- No. A Section 8 notice never gives a landlord the right to evict you on its own. Even after the notice period expires, the landlord must apply to the county court, win a possession order, and then book a court bailiff. Until a bailiff with a warrant attends, you do not have to leave. If anyone tries to remove you without that paperwork, that is illegal eviction.
- Where can I get free, urgent advice?
- Call Shelter on 0808 800 4444 or contact your local Citizens Advice. If you are at immediate risk of being locked out, contact the police and your local council's tenancy relations team. This guide is legal information, not legal advice.
Use the interactive checker on getrentersrights.com for the full step-by-step result.