Form 3A legal wording for possession grounds (England, 2026)

The current tenancy began at least 1 year before the relevant date and the landlord who is seeking possession requires the dwelling-house as the only or principal home of any of the following— (a) the landlord; (b) the landlord's spouse or civil partner or a person with whom the landlord lives as if they were married or in a civil partnership; (c) the landlord's— (i) parent; (ii) grandparent; (iii) sibling; (iv) child; (v) grandchild; (d) a child or grandchild of a person mentioned in paragraph (b). A relationship of the half-blood is to be treated as a relationship of the whole blood. In the case of joint landlords seeking possession, references to "the landlord" in this ground are to be read as references to at least one of those joint landlords. When calculating whether the current tenancy began at least 1 year before the relevant date, both— (a) the day when the current tenancy began, and (b) the relevant date, must be included in the calculation.

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The following conditions are met— (a) the landlord who is seeking possession intends to sell a freehold or leasehold interest in the dwelling-house or to grant a lease of the dwelling-house for a term certain of more than 21 years which is not terminable before the end of that term by notice given by or to the landlord; (b) the assured tenancy on which the dwelling-house is let did not come into being by virtue of any provision of Schedule 1 to the Rent Act 1977 or section 4 of the Rent (Agriculture) Act 1976; (c) either— (i) the current tenancy began at least 1 year before the relevant date, or (ii) at the relevant date, notice of a compulsory acquisition in relation to the dwelling-house has been given, the landlord intends to sell their interest in the dwelling-house to the acquiring authority and the acquiring authority intends to acquire it; (d) the landlord seeking possession is not— (i) a non-profit registered provider of social housing, (ii) a body registered as a social landlord in the register maintained under section 1 of the Housing Act 1996, (iii) a body registered as a social landlord in the register kept under section 20(1) of the Housing (Scotland) Act 2010, (iv) a housing trust, within the meaning of the Housing Associations Act 1985, which is a charity, or (v) where the dwelling-house is social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008, a profit-making registered provider of social housing. In paragraph (c)(ii), "sell" includes transfer. When calculating whether the current tenancy began at least 1 year before the relevant date, both— (a) the day when the current tenancy began, and (b) the relevant date, must be included in the calculation.

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The tenancy has devolved on a person (the "new tenant") under the will or intestacy of the former tenant and the proceedings for the recovery of possession are begun not later than twelve months after the death of the former tenant or, if the court so directs, after the date on which, in the opinion of the court, the landlord or, in the case of joint landlords, any one of them became aware of the former tenant's death. But, if the new tenant is occupying the dwelling-house as the new tenant's only or principal home immediately before the death of the former tenant, an order for possession on this Ground may not be made unless— (a) the tenancy has previously devolved on the former tenant under a will or intestacy (whenever that devolution occurred), or (b) the tenancy is a special tenancy immediately before the death of the former tenant. In this Ground "special tenancy" means— (a) a tenancy of social housing (within the meaning given by Part 2 of the Housing and Regeneration Act 2008) where the landlord is a private registered provider of social housing; (b) a tenancy entered into pursuant to a rent-to-buy agreement (which has the same meaning as in Ground 1B) where the landlord is a private registered provider of social housing; (c) a tenancy of supported accommodation, within the meaning given by paragraph 12 of Schedule 2; (d) a tenancy where the former tenant's occupation of the dwelling-house is in pursuance of a local housing authority's duty to the tenant under section 193 of the Housing Act 1996 (and here "local housing authority" has the same meaning as in Ground 5G); (e) a tenancy which meets the conditions in paragraphs (a), (b), (d) and (e) in the first paragraph of Ground 5H. For the purposes of this ground, the acceptance by the landlord of rent from a new tenant after the death of the former tenant shall not be regarded as creating a new tenancy, unless the landlord agrees in writing to a change (as compared with the tenancy before the death) in the amount of the rent, the period or length of term of the tenancy, the premises which are let or any other term of the tenancy.

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Any of the following conditions is met. Condition 1 is that— (a) the tenant, or a person residing in or visiting the dwelling-house, has been convicted of a serious offence, and (b) the serious offence— (i) was committed (wholly or partly) in, or in the locality of, the dwelling-house, (ii) was committed elsewhere against a person with a right (of whatever description) to reside in, or occupy housing accommodation in the locality of, the dwelling-house, or (iii) was committed elsewhere against the landlord of the dwelling-house, or a person employed (whether or not by the landlord) in connection with the exercise of the landlord's housing management functions, and directly or indirectly related to or affected those functions. Condition 2 is that a court has found in relevant proceedings that the tenant, or a person residing in or visiting the dwelling-house, has breached a provision of an injunction under section 1 of the Anti-social Behaviour, Crime and Policing Act 2014, other than a provision requiring a person to participate in a particular activity, and— (a) the breach occurred in, or in the locality of, the dwelling-house, or (b) the breach occurred elsewhere and the provision breached was a provision intended to prevent— (i) conduct that is capable of causing nuisance or annoyance to a person with a right (of whatever description) to reside in, or occupy housing accommodation in the locality of, the dwelling-house, or (ii) conduct that is capable of causing nuisance or annoyance to the landlord of the dwelling-house, or a person employed (whether or not by the landlord) in connection with the exercise of the landlord's housing management functions, and that is directly or indirectly related to or affects those functions. Condition 3 is that the tenant, or a person residing in or visiting the dwelling-house, has been convicted of an offence under section 30 of the Anti-social Behaviour, Crime and Policing Act 2014 or section 339 of the Sentencing Code consisting of a breach of a provision of a criminal behaviour order prohibiting a person from doing anything described in the order, and the offence involved— (a) a breach that occurred in, or in the locality of, the dwelling-house, or (b) a breach that occurred elsewhere of a provision intended to prevent— (i) behaviour that causes or is likely to cause harassment, alarm or distress to a person with a right (of whatever description) to reside in, or occupy housing accommodation in the locality of, the dwelling-house, or (ii) behaviour that causes or is likely to cause harassment, alarm or distress to the landlord of the dwelling-house, or a person employed (whether or not by the landlord) in connection with the exercise of the landlord's housing management functions, and that is directly or indirectly related to or affects those functions. Condition 4 is that— (a) the dwelling-house is or has been subject to a closure order under section 80 of the Anti-social Behaviour, Crime and Policing Act 2014, and (b) access to the dwelling-house has been prohibited (under the closure order or under a closure notice issued under section 76 of that Act) for a continuous period of more than 48 hours. Condition 5 is that— (a) the tenant, or a person residing in or visiting the dwelling-house, has been convicted of an offence under— (i) section 80(4) of the Environmental Protection Act 1990 (breach of abatement notice in relation to statutory nuisance), or (ii) section 82(8) of that Act (breach of court order to abate statutory nuisance etc.), and (b) the nuisance concerned was noise emitted from the dwelling-house which was a statutory nuisance for the purposes of Part 3 of that Act by virtue of section 79(1)(g) of that Act (noise emitted from premises so as to be prejudicial to health or a nuisance). Condition 1, 2, 3, 4 or 5 is not met if— (a) there is an appeal against the conviction, finding or order concerned which has not been finally determined, abandoned or withdrawn, or (b) the final determination of the appeal results in the conviction, finding or order being overturned. In this ground— "relevant proceedings" means proceedings for contempt of court or proceedings under Schedule 2 to the Anti-social Behaviour, Crime and Policing Act 2014; "serious offence" means an offence which— (a) was committed on or after the day on which this ground comes into force, (b) is specified, or falls within a description specified, in Schedule 2A to the Housing Act 1985 at the time the offence was committed and at the time the court is considering the matter, and (c) is not an offence that is triable only summarily by virtue of section 22 of the Magistrates' Courts Act 1980 (either-way offences where value involved is small).

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Both of the following conditions are met in relation to a dwelling-house in England. Condition 1 is that the Secretary of State has given a notice in writing to the landlord or, in the case of joint landlords, one or more of them which identifies— (a) the tenant or, in the case of joint tenants, one or more of them, or (b) one or more other persons aged 18 or over who are occupying the dwelling-house, as a person or persons disqualified as a result of their immigration status from occupying the dwelling-house under the tenancy. Condition 2 is that the person or persons named in the notice— (a) fall within paragraph (a) or (b) of condition 1, and (b) are disqualified as a result of their immigration status from occupying the dwelling-house under the tenancy. For the purposes of this ground a person ("P") is disqualified as a result of their immigration status from occupying the dwelling-house under the tenancy if— (a) P is not a relevant national, and (b) P does not have a right to rent in relation to the dwelling-house. P does not have a right to rent in relation to the dwelling-house if— (a) P requires leave to enter or remain in the United Kingdom but does not have it, or (b) P's leave to enter or remain in the United Kingdom is subject to a condition preventing P from occupying the dwelling-house. But P is to be treated as having a right to rent in relation to a dwelling-house if the Secretary of State has granted P permission for the purposes of this ground to occupy a dwelling-house under an assured tenancy. In this ground "relevant national" means— (a) a British citizen, (aa) an Irish citizen, or (ab) a person who is not an Irish citizen and who has leave to enter or remain in the United Kingdom which was granted by virtue of residence scheme immigration rules within the meaning given by section 17 of the European Union (Withdrawal Agreement) Act 2020.

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Both at the date of the service of the notice under section 8 of this Act relating to the proceedings for possession and at the date of the hearing— (a) if rent is payable weekly or fortnightly, at least thirteen weeks' rent is unpaid; (b) if rent is payable monthly, at least three months' rent is unpaid; and for the purpose of this ground "rent" means rent lawfully due from the tenant. When calculating how much rent is unpaid for the purpose of this ground, if the tenant is entitled to receive an amount for housing as part of an award of universal credit under Part 1 of the Welfare Reform Act 2012, any amount that was unpaid only because the tenant had not yet received the payment of that award is to be ignored.

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Some rent lawfully due from the tenant— (a) is unpaid on the date on which the proceedings for possession are begun; and (b) except where subsection (1)(b) of section 8 of this Act applies, was in arrears at the date of the service of the notice under that section relating to those proceedings.

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Whether or not any rent is in arrears on the date on which proceedings for possession are begun, the tenant has persistently delayed paying rent which has become lawfully due.

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Any obligation of the tenancy (other than one related to the payment of rent) has been broken or not performed.

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The condition of the dwelling-house or any of the common parts has deteriorated owing to acts of waste by, or the neglect or default of, the tenant or any other person residing in the dwelling-house and, in the case of an act of waste by, or the neglect or default of, a person lodging with the tenant or a sub-tenant of his, the tenant has not taken such steps as he ought reasonably to have taken for the removal of the lodger or sub-tenant. For the purposes of this ground, "common parts" means any part of a building comprising the dwelling-house and any other premises which the tenant is entitled under the terms of the tenancy to use in common with the occupiers of other dwelling-houses in which the landlord has an estate or interest.

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The tenant or a person residing in or visiting the dwelling-house— (a) has been guilty of conduct causing or likely to cause a nuisance or annoyance to a person residing, visiting or otherwise engaging in a lawful activity in the locality, (aa) has been guilty of conduct causing or likely to cause a nuisance or annoyance to the landlord of the dwelling-house, or a person employed (whether or not by the landlord) in connection with the exercise of the landlord's housing management functions, and that is directly or indirectly related to or affects those functions, or (b) has been convicted of— (i) using the dwelling-house or allowing it to be used for immoral or illegal purposes, or (ii) an indictable offence committed in, or in the locality of, the dwelling-house.

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The condition of any furniture provided for use under the tenancy has, in the opinion of the court, deteriorated owing to ill-treatment by the tenant or any other person residing in the dwelling-house and, in the case of ill-treatment by a person lodging with the tenant or by a sub-tenant of his, the tenant has not taken such steps as he ought reasonably to have taken for the removal of the lodger or sub-tenant.

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The tenant is the person, or one of the persons, to whom the tenancy was granted and the landlord was induced to grant the tenancy by a false statement made knowingly or recklessly by— (a) the tenant, or (b) a person acting at the tenant's instigation.

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