When the tenant has damaged the property
Eviction route, deposit route, or both. Which makes sense.
Property damage that goes beyond fair wear and tear is Ground 13 under Section 8 (discretionary). Whether it is worth pursuing eviction depends on the severity, the cost to repair, and whether the tenancy is otherwise running smoothly.
Three options: deduct from deposit at end of tenancy, pursue Ground 13 mid-tenancy, or both.
Document the damage immediately
Photographs with date stamps. Multiple angles. Reference to the inventory at the start of the tenancy. Written notice to the tenant of the issue with a request for explanation. Keep all correspondence.
Get a repair estimate
Two written quotes from contractors. Court wants to see you took a reasonable approach to costing, not the cheapest cowboy.
Deposit deduction route
Most damage cases are resolved at end of tenancy through the deposit protection scheme's dispute resolution. Submit photographs, inventory, quotes, and your assessment. Schemes side with landlords when evidence is solid.
Ground 13 route (mid-tenancy)
Worth pursuing if the damage is severe (structural, ongoing, escalating), the tenancy has years to run, and you want them out. Serve Form 3A citing Ground 13. Discretionary, so the court weighs reasonableness.
Counterclaim risk
If the damage is the kind that could be argued to result from disrepair you should have fixed (damp from a leaking roof, mould from poor ventilation), the tenant may counterclaim. Get a surveyor to confirm cause before serving Ground 13.
Common mistakes
- Withholding part of the rent in lieu of damage. Not how it works; the tenant can argue this is unilateral and refuse.
- Charging the tenant for damage that is actually wear and tear (paint scuffs, light carpet wear).
- Serving Ground 13 when the real reason you want them out is something else. Be honest about which ground fits.
Source: gov.uk Guide to the Renters' Rights Act 2025. Last verified 2026-05-09. This page is informational, not legal advice. For complex disputes, consult a solicitor.