Ground 6: Demolition or Reconstruction

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Ground 6 is a mandatory possession ground for when the landlord intends to demolish, reconstruct, or carry out substantial works that cannot be done with the tenant living there. You must prove the works genuinely require vacant possession and cannot be carried out with the tenant in situ.

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What is Ground 6?

Ground 6 allows landlords to recover possession when they need to carry out major works on the property. It's a mandatory ground, meaning the court must grant possession if the requirements are met.

This ground covers three types of work:

  • Demolition: Knocking down the property entirely
  • Reconstruction: Major structural changes or rebuilding
  • Substantial works: Significant works that cannot be done with a tenant present

What are the requirements?

To successfully use Ground 6:

  • Genuine intention: You must genuinely intend to carry out the works
  • Vacant possession required: The works cannot reasonably be done with the tenant in place
  • 6 months' notice: You must give the tenant 6 months' notice
  • Not in first 6 months: Cannot serve notice in the first 6 months of the first tenancy
  • Evidence: You should have plans, planning permission (if required), and contractor quotes

What counts as "substantial works"?

The works must be significant enough that the tenant cannot reasonably remain. Examples include:

  • Major structural alterations
  • Complete rewiring of the property
  • Removing and replacing the roof
  • Major damp treatment requiring walls to be exposed
  • Extension works affecting the habitable space

Minor works like redecorating, replacing a kitchen, or general maintenance do not qualify.

Must works require vacant possession?

Yes. The court will consider whether the works could reasonably be done with the tenant living there. If the tenant could relocate within the property or the works could be done in stages around them, Ground 6 may fail.

Questions the court may ask:

  • How long will the works take?
  • What parts of the property are affected?
  • Could the tenant live in unaffected areas?
  • Are health and safety concerns genuine?

What evidence do I need?

To prove your case:

  • Architect's plans: Detailed drawings of proposed works
  • Planning permission: If required for the works
  • Building regulations approval: If applicable
  • Contractor quotes: Showing scope and timeline
  • Expert opinion: Letter explaining why vacant possession is needed
  • Financial evidence: Proof you can fund the works

What is the notice period?

Ground 6 requires 6 months' notice, one of the longest notice periods for any possession ground. This gives tenants substantial time to find alternative accommodation.

You also cannot use Ground 6 within the first 6 months of the tenancy. Combined with the 6-month notice period, this means you cannot gain possession using Ground 6 until at least 12 months after the tenancy began.

What about the Renters' Rights Act?

Under the Renters' Rights Act 2025, Ground 6 continues to apply with some modifications:

  • Notice period remains at 6 months
  • 12-month protected period before Ground 6 can be used
  • Remains a mandatory ground
  • Evidence requirements continue to apply

What if I change my mind?

If you gain possession using Ground 6 but don't carry out the works, the former tenant may claim you misrepresented your intentions. This could lead to:

  • Compensation claims from the tenant
  • Potential fraud allegations in serious cases
  • Difficulty using Ground 6 in future

Only use Ground 6 if you genuinely intend to carry out substantial works.

Frequently asked questions

Can I use Ground 6 for renovations?

Only if the renovations are substantial enough to require vacant possession. Cosmetic improvements, new kitchens, or bathroom refits typically don't qualify. The works must make the property uninhabitable during the work period.

What if I want to convert to an HMO?

If the conversion requires substantial structural works that cannot be done with a tenant present, Ground 6 may apply. You'll need to show the works are genuine and require vacant possession.

Do I need planning permission first?

If your works require planning permission, having it in place strengthens your case. However, you may be able to serve notice while planning is pending if you can show you're progressing genuinely.

Can the tenant challenge Ground 6?

Yes. Tenants can argue that the works don't require vacant possession, that your intention isn't genuine, or that the works are not substantial enough. Having strong evidence is essential.

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LandlordOS tip

Before using Ground 6, get a letter from your architect or contractor explicitly stating why the tenant cannot remain during works. This is often the key evidence courts look for. Be prepared to show detailed plans and a realistic timeline.

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