Schedule 2 (Housing Act 1988 Possession Grounds)
The schedule of statutory grounds a landlord uses to seek possession of an assured / assured shorthold tenancy under Section 8. Grounds 1–8 are mandatory (court must grant possession if proven): includes ground 1 (landlord-occupier intent), ground 1A (landlord sale, post-RRA 2025), ground 8 (3+ months rent arrears post-RRA 2025), ground 14 (anti-social behaviour). Grounds 9–17 are discretionary (court considers reasonableness): includes ground 11 (persistent late payment) and ground 12 (breach of tenancy). Choice of ground sets the notice period and the burden of proof.
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Related terms
Form 3 (Notice of Seeking Possession, Section 8)
The prescribed form a landlord uses to start a Section 8 possession claim under the Housing Act 1988. It identifies the tenancy, the grounds being relied on (Schedule 2 grounds 1–17) and the date by which the tenant must give up possession. Notice periods vary by ground (4 weeks for ground 14 anti-social behaviour, 4 months for ground 1A landlord-sale post-RRA 2025, etc.). A defective Form 3 — wrong ground, wrong notice period, missing prescribed wording — is the most common reason possession claims fail at first hearing.
Mandatory Ground
A ground for possession under Schedule 2 of the Housing Act 1988 that the court must grant if proved. Examples include Ground 1 (landlord moving in), Ground 1A (sale) and Ground 8 (serious arrears). Contrast discretionary grounds, where the court decides if possession is reasonable.
Schedule of Condition
The room-by-room photographed report of the property’s condition at check-in (and updated at check-out). Distinct from the Inventory (which lists items and their condition); Schedule of Condition focuses on the fabric of the property: walls, floors, fittings, decoration. Together they form the deposit deduction evidence base. Required to win a fair-wear-and-tear contested deduction at the DPS, TDS or mydeposits adjudication; absence usually means the deposit is returned in full to the tenant.
Arrears (Rent Arrears)
Unpaid rent that is past its due date. Ground 8 of Schedule 2 to the Housing Act 1988 (mandatory) requires at least 3 months of rent arrears under the Renters Rights Act 2025 (previously 2 months). Grounds 10 and 11 remain as discretionary grounds.
Banning Order
A court order under Part 2 of the Housing and Planning Act 2016 banning a person convicted of certain housing offences from letting property, engaging in lettings agency work or holding an HMO licence. Triggered by a banning-order offence (Schedule 1 of the Act): includes serious housing-condition offences, illegal eviction and unlawful HMO operation. A banned landlord is added to the national database of rogue landlords and breach of the order is itself a criminal offence with up to 51 weeks’ imprisonment.
Inventory (Inventory Clerk)
The detailed, photographed schedule of the property’s condition and contents at the start of a tenancy, used as the comparison baseline at check-out for deposit deductions. A professionally prepared inventory by an APIP / AIIC-accredited inventory clerk costs typically £80–£200 depending on property size and is the strongest evidence base for the DPS, TDS or mydeposits adjudication process. The Renters Rights Act 2025 strengthens tenant rights to challenge unfair deductions, raising the evidentiary bar for landlords.