Discretionary Possession Grounds in England: Ground 10, Ground 12 and Ground 14

Not every possession claim meets the threshold for a mandatory ground. Rent arrears below the Ground 8 threshold, a tenant who breaks a specific tenancy term, or a neighbour-disturbing nuisance — these all fall under the discretionary grounds in Schedule 2, where the court has the power to grant possession but is not obliged to. The Renters' Rights Act keeps these grounds intact but removes the Section 21 shortcut that landlords used to avoid them.

Ground 10: Rent Arrears Below the Mandatory Threshold

Ground 10 is the discretionary counterpart to Ground 8. Where Ground 8 requires three months' rent arrears (or 13 weeks for weekly or fortnightly rent) at both the notice date and the hearing date, Ground 10 applies when arrears exist but fall short of that threshold.

• Notice period: 4 weeks
• Evidence required: rent payment history showing arrears at the date of notice service
• Court test: is it reasonable to grant possession?

The court considers the full picture — how long the arrears have persisted, whether the tenant has made partial payments, whether there are extenuating circumstances (job loss, benefit delays) and whether the tenant has a realistic repayment plan. A tenant who owes two months' rent but has just started a new job and offers to clear the balance over six months may convince a judge that eviction is not reasonable.

Ground 11 overlaps here — it covers persistent late payment even where the arrears are cleared by the hearing date. If your tenant routinely pays three weeks late but always catches up, Ground 11 gives you a discretionary route. The notice period is also four weeks.

Ground 12: Breach of Tenancy Terms

Ground 12 applies when a tenant has broken a specific obligation in the tenancy agreement — something other than rent payment (which has its own grounds).

• Notice period: 2 weeks
• Evidence required: the tenancy clause, proof of the breach, and evidence that the breach is material
• Court test: is it reasonable to grant possession given the nature and seriousness of the breach?

Common Ground 12 scenarios include subletting without permission, keeping an animal in breach of a "no pets" clause (though the statutory pet request framework now limits this), using the property for a prohibited purpose, or causing damage beyond fair wear and tear.

The key word is "material." A trivial breach — a late bin collection or a minor decoration without permission — is unlikely to persuade a judge that eviction is reasonable. The breach needs to be serious enough that any reasonable landlord would want to end the tenancy.

Under the Renters' Rights Act, the "no pets" clause interaction deserves attention. If a tenant made a formal pet request and you refused unreasonably, the tenant may argue they were entitled to keep the pet regardless. Using Ground 12 for a pet breach after refusing a request unreasonably is likely to fail the reasonableness test.

Ground 14: Nuisance and Anti-Social Behaviour

Ground 14 covers nuisance, annoyance to neighbours and illegal conduct at the property.

• Notice period: none — proceedings can start immediately upon service
• Evidence required: documented instances of nuisance, neighbour complaints, police reports, local authority records
• Court test: is it reasonable to grant possession?

The immediate notice period makes Ground 14 the fastest route to court, but the court applies a high evidential standard. A single noise complaint from a neighbour is not enough. You need a pattern: dated records of incidents, written complaints from affected parties, police incident numbers if the behaviour involved criminal conduct, and environmental health records if the local authority has been involved.

For the most extreme cases — criminal conviction, breach of an ASB order, or a closure order — Ground 7A applies instead. Ground 7A is mandatory, meaning the court must grant possession if the condition is proved. But it requires a formal conviction or order, not just complaints.

Practical Considerations for Discretionary Claims

Because the court has discretion, preparation matters more than it does for mandatory grounds. The judge weighs your evidence against the tenant's defence, and a poorly documented case can lose even when the facts are on your side.

Before filing a discretionary possession claim:

• Document everything in writing — dates, times, photographs, emails, text messages. Verbal warnings are hard to prove.
• Give the tenant a chance to remedy the breach where possible. A judge will ask whether you tried to resolve the issue before going to court. A written warning letter that sets a reasonable deadline for the tenant to fix the problem strengthens your case.
• Prepare for a contested hearing. Unlike mandatory grounds, where the tenant's main defence is that the threshold is not met, discretionary claims invite the full range of arguments about reasonableness. Budget time and, potentially, solicitor fees for the hearing.

The Renters' Rights Act for Landlords guide includes a possession grounds flowchart that maps each ground to its notice period, evidential threshold and whether it is mandatory or discretionary, so you can identify the right route before committing to a claim.

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