Ground 12
Breach of Tenancy Conditions
What is Ground 12 - Breach of Tenancy Conditions
The landlord must prove that:
a) The tenant has breached a term of the tenancy agreement.
This includes express terms written into the agreement, such as prohibitions on smoking, subletting, or keeping pets.
b) The term breached is not related to rent payment.
Non-payment of rent is covered under other grounds such as Grounds 8, 10 and 11. Ground 12 deals with other conduct-related breaches.
c) The breach has occurred during the tenancy and can be clearly identified.
The breach must relate to the current tenant and tenancy, and must be evidenced clearly to be actionable.
Possession during fixed term
A possession order can take effect during the fixed term if the tenancy agreement allows it.
Notice period
The minimum notice period the landlord must give under Ground 12 is two weeks. The court may dispense with the notice if it is just and equitable.
Reasonable to order possession
Even if the breach is proven, the court must be satisfied that it is reasonable to make a possession order.
What You Can Do
Follow this step-by-step guide