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What is Discretionary grounds for possession?
Last verified 31 October 2026
Discretionary grounds for possession are reasons where the court can order possession, but only if it decides that it is reasonable even though the ground is proved. In England they are grounds 9, 10, 11, 12, 13, 14, 14A, 14ZA, 15, 17 and 18.
Why it matters to landlords
The main ones for private landlords are Ground 10 (any rent arrears), Ground 11 (persistent late payment), Ground 12 (breach of the tenancy), Ground 13 (deterioration of the property), Ground 14 (antisocial behaviour) and Ground 15 (deterioration of furniture). Ground 10 can be used before arrears reach 3 months' rent, with 4 weeks' notice. Grounds 12, 13 and 15 need 2 weeks' notice. Ground 14 lets you apply to court straight away, though the court cannot make an order for 14 days from the notice.
Because the judge weighs reasonableness, they may refuse possession, make a suspended order or allow a longer time. A tenant can also ask a judge to suspend a warrant, which is usually possible only where a discretionary ground was used. Keep dated evidence of each breach, any warning letters and what you asked the tenant to do.
Example
Brian's tenant has paid late in five of the last six months, but is never more than six weeks behind. Ground 8 is not available, so Brian serves notice on Ground 11 for persistent late payment with 4 weeks' notice. At the hearing the judge asks whether it is reasonable to order possession.