What can you do if your tenant has breached their tenancy agreement?

Where a tenant breaches the tenancy agreement, landlords retain the legal right to regain possession of their property. More serious or repeated breaches can significantly increase the likelihood of a successful possession claim, particularly where there is clear evidence to support the grounds relied upon. However, under the Renters’ Rights Act 2025, this must now be done strictly through Section 8 grounds, with updated thresholds, longer notice periods in many cases, and greater scrutiny from the courts.

Each type of breach aligns with specific legal grounds:

• Failure to pay rent: rent arrears remain one of the strongest grounds for possession. Under the updated rules, the threshold for mandatory possession (Ground 8) has increased to three months’ arrears, and this level must be met both when serving notice and at the court hearing. If proven, the court must grant possession, making this a reliable route where arrears are substantial.
• Anti-social behaviour: serious anti-social behaviour can be addressed under grounds such as nuisance or, in more severe cases, mandatory grounds linked to proven offences. Some of these grounds allow for shorter or immediate notice periods, reflecting the seriousness of the conduct. Evidence such as complaints, warnings or official reports will be required.
• Criminal activity at the property: where criminal activity has been established, landlords may rely on specific mandatory grounds. If the legal criteria are satisfied, the court is required to grant possession. This provides a clear route to regain control where the property is being used unlawfully.
• Damage to the property: damage beyond fair wear and tear falls under discretionary grounds. The court will assess the extent of the damage and whether it is reasonable to grant possession. Detailed inventories, inspections and photographic evidence are essential to support your claim.
• Disrepair issues: if disrepair is caused by the tenant’s actions or neglect, this may also form a discretionary ground. However, landlords must ensure they have complied with their own repair obligations, as failure to do so can weaken or invalidate a possession claim.
• Pets: under the Renters’ Rights Act, tenants can now request permission to keep a pet, and landlords must not unreasonably refuse. However, keeping a pet without consent remains a breach of the tenancy agreement. This can be pursued under breach of tenancy grounds, although the court will consider whether the refusal of permission was reasonable.
• Subletting without consent: unauthorised subletting is a clear breach and is typically pursued under breach of tenancy conditions. This is a recognised ground for possession, but it is discretionary, meaning the court will assess the circumstances before granting possession.

Where a tenant has breached their tenancy agreement, acting within the correct legal framework is essential to protect your position and successfully regain possession where appropriate. The changes introduced by the Renters’ Rights Act mean that landlords must now rely on clearly defined grounds, supported by evidence and full compliance with their statutory obligations.

AST Assistance provides comprehensive, landlord-focused advice on your rights when a tenant breaches their tenancy agreement. From assessing the strength of your position to identifying the correct grounds for possession and guiding you through the legal process, our team ensures you take the appropriate action at every stage.

What if you breach the tenancy agreement?

A landlord breach of agreement in the UK can have direct legal and financial consequences. Tenancy agreements are legally binding, and landlords must comply not only with the contractual terms but also with an increasingly strict regulatory framework.

The introduction of the Renters’ Rights Act 2025 has significantly strengthened landlord obligations. The legislation places greater emphasis on ongoing compliance, legal documents and accountability throughout the tenancy. As a result, failures to meet obligations are more likely to result in enforcement action, delays in possession proceedings and financial penalties.

Landlords are now expected to meet higher standards in key areas, including:

• Serving a valid notice when seeking possession: where possession is required, landlords must ensure that a valid notice is served on the correct legal ground, supported by the necessary evidence and in full compliance with procedural requirements. Errors in the notice, supporting documentation or timing can render the notice invalid, leading to delays, added costs and difficulty regaining possession.
• Making the property safe and habitable: properties must remain fit for human habitation at all times, with increased scrutiny from local authorities where standards fall below acceptable levels.
• Carrying out repairs promptly: delays in addressing issues, particularly those affecting safety or essential services, can now have more serious legal consequences.
• Deposit protection compliance: strict adherence to deposit protection rules remains critical, with non-compliance restricting a landlord’s ability to regain possession and enabling the tenant to claim compensation.
• Respecting quiet enjoyment: unlawful access or interference is more likely to be challenged, particularly as tenant protections are strengthened under the new framework.

A key change under the Renters’ Rights Act is the removal of Section 21. Landlords can no longer rely on no-fault eviction notices and must instead use evidence-based grounds under Section 8. This means that any breach of legal obligations or tenancy terms can directly undermine a possession claim.

Failing to adhere to the tenancy agreement may now result in:

• Civil penalties, fines and requirement to pay compensation
• Rent repayment orders
• Delays or dismissal of possession claims
• Increased scrutiny from local authorities

The legislative changes require a more structured and compliant approach to tenancy management. Errors that may previously have caused minor delays can now prevent landlords from regaining possession entirely.

AST Assistance supports landlords in maintaining compliance, addressing breaches correctly and navigating the updated legal framework.