What is Section 8 Ground 6A and when can I use it to recover possession of my rental property?
Ground 6A is a mandatory Section 8 ground allowing a landlord to recover possession where continuing the tenancy would cause the landlord to breach a statutory obligation — for example, an enforcement notice issued by the local authority, a planning enforcement order, or a condition requiring the property to be owner-occupied. Two months' notice is required.
Legal basis
- Housing Act 1988, Sch. 2, Ground 6A (as inserted by Renters' Rights Act 2025, s.14)
- Town and Country Planning Act 1990, s.172 (enforcement notices)
- Housing Act 2004, s.11 (improvement notices — hazard grounds)
- Renters' Rights Act 2025, s.14 (enforcement compliance ground)
Ground 6A addresses situations where the continued letting of the property would put the landlord in breach of a legal obligation imposed by a public authority. The most common scenarios are: a local authority enforcement notice requiring the property to be vacated; a planning condition that restricts occupation to owner-occupiers or specific categories of resident; or a selective or additional licensing condition that cannot be met while the current tenancy continues.
Crucially, the landlord must not have caused or contributed to the enforcement situation in order to use this ground. A landlord who deliberately let a property in breach of a planning restriction cannot then rely on Ground 6A to evict the tenant — the ground is designed for genuine compliance situations, not manufactured ones.
The landlord must serve a copy of the relevant enforcement notice or order alongside the Section 8 notice so the tenant understands the basis of the claim. Courts will examine the underlying enforcement document carefully, and a landlord who cannot produce it will struggle to make the ground out.
Common mistakes to avoid
- Failing to attach a copy of the enforcement notice — the tenant must be able to see the basis for the claim.
- Attempting to use Ground 6A where the landlord has caused the enforcement breach (e.g. by letting without the necessary HMO licence).
- Serving the notice before the enforcement notice has been served on the landlord — the trigger for Ground 6A is the existence of an actual enforcement obligation.
- Not checking whether an appeal against the enforcement notice is in progress — a successful appeal could undermine the Section 8 claim.
Frequently asked questions
Does Ground 6A apply if I receive an HMO improvement notice?
It can do, depending on the nature of the notice and the condition attached. If compliance with the improvement notice requires the property to be vacated, Ground 6A may be available. Take legal advice on the specific terms of the notice.
What if I appealed the enforcement notice and lost — can I still use Ground 6A?
Yes. Once any appeal is exhausted and the enforcement notice is effective, you may rely on Ground 6A. The notice becomes effective once the appeal period expires or the appeal is dismissed.
Can a tenant challenge a Ground 6A possession claim?
Yes. The tenant can argue that the enforcement notice does not require vacation, that the landlord caused the breach, or that the landlord has not genuinely made efforts to resolve the situation. Courts consider the full circumstances.
How much notice must I give under Ground 6A?
Two months' notice, as with most mandatory grounds under the Renters' Rights Act 2025.
Do I have to compensate the tenant if I evict under Ground 6A?
There is no statutory compensation requirement under Ground 6A specifically, but the court may make an order for costs, and the tenant may have civil claims against you if the enforcement situation was of your making.