Ground 12: Breach of Tenancy Agreement
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Ground 12 is a discretionary possession ground for breach of any tenancy agreement obligation other than rent payment. Common examples include unauthorised subletting, keeping pets without permission, and causing property damage.
What is Ground 12?
Ground 12 is a catch-all ground for when tenants break tenancy agreement terms (other than paying rent, which has its own grounds). It's discretionary, meaning the court decides whether eviction is reasonable given the breach.
What breaches can Ground 12 cover?
Any obligation in the tenancy agreement except rent. Common examples:
- Subletting: Letting someone else live there without permission
- Pets: Keeping animals when not allowed
- Business use: Running a business from the property
- Alterations: Making changes without consent
- Property damage: Damaging the property or fixtures
- Overcrowding: Having more occupants than permitted
What are the requirements?
To use Ground 12:
- Written obligation: The term must be in the tenancy agreement
- Breach exists: Tenant must have broken that term
- Evidence: You need proof of the breach
- Notice period: 2 weeks minimum
What evidence do I need?
Gather proof of:
- The tenancy agreement term being breached
- Evidence that breach occurred (photos, witness statements)
- Any warnings you've given
- Whether breach is ongoing or has been remedied
Example: If tenant has a dog despite a no-pets clause, you need the tenancy agreement and evidence of the dog (photos, neighbour statements).
How does court decide?
Ground 12 is discretionary. Courts consider:
- Severity of the breach
- Whether breach is ongoing or was remedied
- Whether you consented informally (did you know and tolerate it?)
- Impact of the breach
- Proportionality of eviction
For minor breaches that have stopped, courts may refuse possession.
Frequently asked questions
What if tenant remedies the breach?
If the tenant fixes the problem before the hearing (e.g., rehomes the pet), the court may decide eviction isn't reasonable. However, the breach still occurred, and persistent minor breaches build a pattern.
Does informal consent matter?
Yes. If you knew about the breach and did nothing (e.g., saw the dog and said nothing for months), courts may view this as tacit consent. Raise issues promptly in writing.
Managing this yourself?
LandlordOS helps UK landlords stay compliant and organised:
- Automatic compliance reminders for Gas Safety, EICR, EPC
- Document storage with AI-powered certificate reading
- Tenancy tracking and rent management
LandlordOS tip
Address breaches early. Send a written warning asking the tenant to remedy the situation. If they don't comply, you have evidence you tried to resolve it informally before escalating. Courts like to see reasonable attempts at resolution.