Section 8 Ground 17 - False Statement by Tenant (England Guide)

Ground 17 is a discretionary ground that applies when a tenant obtained their tenancy by making a false statement. This covers situations where the tenant (or someone acting on their behalf) lied to you or your agent, and that lie induced you to grant the tenancy. It's an important tool when you discover a tenant misrepresented themselves during the application process.

What Is Ground 17?

Ground 17 is set out in Schedule 2, Part II of the Housing Act 1988. The full wording states:

"The tenant is the person, or one of the persons, to whom the tenancy was granted and the landlord was induced to grant the tenancy by a false statement made knowingly or recklessly by—
(a) the tenant, or
(b) a person acting at the tenant's instigation."

Key Elements

• False statement: A statement of fact that was untrue
• Knowingly or recklessly: Made deliberately or with disregard for truth
• By tenant or their agent: Either the tenant themselves or someone acting for them
• Induced: The statement caused you to grant the tenancy

Ground Details

• Type: Discretionary—reasonableness test applies
• Notice period: 2 weeks minimum
• Original tenant only: Applies to the person who made the false statement

Common Examples of False Statements

False statements that can support Ground 17 include:

Employment and Income

• Claiming to be employed when unemployed
• Falsifying income figures or payslips
• Inventing a job title or employer
• Hiding that income is from temporary or unreliable sources

References

• Providing fake landlord references
• Getting friends to pose as previous landlords
• Hiding previous evictions or possession orders
• Fabricating rental history

Personal Information

• Using false identity documents
• Hiding that other people will live in the property
• Misrepresenting family composition
• Failing to disclose pets when asked directly

Credit and History

• Hiding CCJs (County Court Judgments)
• Concealing previous bankruptcies
• Failing to disclose criminal convictions (if asked)

Proving a False Statement

To succeed with Ground 17, you must prove:

1. A Statement Was Made

The false statement must be documented. This could be:

• Application form completed by the tenant
• Reference letters provided
• Emails or messages about their circumstances
• Verbal statements you can prove were made (ideally with a witness)

2. The Statement Was False

You need evidence that what they said wasn't true:

• Employment claims: Contact the employer; request HMRC records
• References: Trace the actual contact; check if property existed
• Identity: Credit checks; official records
• Income: Bank statements showing different amounts

3. It Was Made Knowingly or Recklessly

You must show the tenant either knew the statement was false or didn't care whether it was true or not. Innocent mistakes don't qualify. Evidence might include:

• The lie was too specific to be an error
• They had to know the truth (e.g., they know their own employment status)
• Documents were clearly forged
• Pattern of deception

The Inducement Requirement

This is often the most challenging element. You must prove that the false statement inducedyou to grant the tenancy. This means showing:

What You Would Have Done

• If you'd known the truth, you wouldn't have granted the tenancy
• The false statement was material to your decision
• You relied on the information when choosing to let to them

Evidence of Inducement

• Referencing criteria: Your standard criteria that the tenant would have failed
• Income requirements: If you require 3x rent income and they falsified income
• Other rejected applications: Other applicants you rejected for similar issues
• Agent procedures: If your agent has documented referencing standards

Example Scenario

A tenant claims to earn £45,000/year on their application. Your minimum requirement is income of 30x monthly rent. For rent of £1,500/month, minimum income is £45,000. You later discover they actually earn £25,000. The false statement induced you to grant the tenancy because without it, they wouldn't have met your criteria.

Court Process and Notice

Notice Requirements

Ground 17 requires a minimum of 2 weeks' notice on your Section 8 notice. The notice should:

• Specify Ground 17
• Describe the false statement(s)
• Explain how you discovered the statement was false
• State how it induced you to grant the tenancy

Court Hearing

Ground 17 uses the standard possession procedure. At the hearing:

• You present evidence of the false statement
• You explain how it induced you to grant the tenancy
• The tenant can respond and dispute your claims
• The judge decides if the ground is proven AND if possession is reasonable

Reasonableness Factors

Even if you prove Ground 17, the court considers reasonableness. Factors include:

• Severity of the deception
• Whether the tenant has been a good tenant otherwise
• Current circumstances (would they now qualify?)
• Impact of eviction on vulnerable household members
• How long ago the false statement was made

Ground 17 FAQ