Rent Arrears Eviction in 2026: Grounds 8, 10 and 11 Step by Step

Section 21 is gone. Rent arrears evictions now run through Grounds 8, 10 and 11 under Section 8. Here's the full process, thresholds, evidence needed, and timeline.

Rent arrears is the most common reason landlords seek possession — and since Section 21 was abolished on 1 May 2026 under the Renters' Rights Act 2025, it is also the most common reason landlords discover how different the Section 8 process is. There is no longer a simple no-fault route. Every possession claim based on arrears must prove a ground, follow prescribed notice requirements, and survive a court hearing — sometimes on the same day the tenant pays just enough to defeat your strongest ground.

This guide covers the three rent arrears grounds, when to use each, the evidence you need before serving, and what the process looks like from first missed payment to enforcement.

The Three Rent Arrears Grounds

Schedule 2 to the Housing Act 1988 (as amended by the Renters' Rights Act 2025) contains three grounds specifically for rent arrears. They serve different purposes and have different strengths. You should almost always plead all three on the same Form 3A.

Ground 8 — Serious Rent Arrears (Mandatory)

Ground 8 is the strongest tool available. It is mandatory: if the threshold is met on both the required dates, the court has no discretion — it must grant possession.

The threshold under the Renters' Rights Act 2025 is at least 3 months' rent (for monthly tenancies) or at least 13 weeks' rent (for weekly or fortnightly tenancies). This was raised from two months by the Act.

The threshold must be met on two dates:

The date the Section 8 Form 3A notice is served
The date of the court possession hearing

If the tenant reduces arrears below the three-month threshold at any point before the hearing — even the day before — Ground 8 fails. This is why experienced landlords often wait until arrears reach three-and-a-half or four months before serving notice: the buffer protects against partial payments defeating the mandatory ground at the last moment.

There is one statutory protection: where arrears exist solely because of a delayed Universal Credit payment, and the tenant has entitlement to that payment, a court has discretion to adjourn rather than granting possession on Ground 8.

The notice period for Ground 8 is 4 weeks (raised from 2 weeks by the Renters' Rights Act 2025).

Ground 10 — Some Rent Unpaid (Discretionary)

Ground 10 applies where any amount of rent is unpaid on the date the notice is served and on the date of the court hearing. There is no minimum arrears threshold — even £1 technically qualifies.

Ground 10 is discretionary: the court must find the ground proved and that it is reasonable to grant possession. The court will weigh the amount owed, the tenant's payment history, whether the tenant has made any efforts to pay, the tenant's personal circumstances, and whether the landlord has acted reasonably.

The primary use of Ground 10 is as a backstop for Ground 8: if the tenant reduces arrears below the three-month threshold before the hearing, Ground 8 collapses but Ground 10 remains available (provided any arrears still exist at the hearing date).

Notice period: 4 weeks.

Ground 11 — Persistent Late Payment (Discretionary)

Ground 11 is unique among the arrears grounds: it does not require any arrears to be outstanding at all. It applies where the tenant has persistently delayed paying rent — even if they are fully paid up at the hearing date.

This makes Ground 11 the essential complement to Grounds 8 and 10 for the tenant who runs arrears up, waits for the notice to be served, then pays just enough to clear the debt and defeat both Ground 8 and Ground 10 before the hearing. Ground 11 captures the pattern of behaviour regardless of the current balance.

Ground 11 is also discretionary — the court considers the frequency and severity of the delays, whether the landlord has sent reminders and given warnings, and whether the tenant has demonstrated any commitment to paying on time.

Notice period: 4 weeks.

Always plead all three together

Serve Grounds 8, 10, and 11 on the same Form 3A notice. If Ground 8 is defeated by a partial payment, Grounds 10 and 11 remain. If no arrears exist at the hearing, Ground 11 still captures the history. Running all three gives you the best possible position at court and eliminates the risk that a tactical payment defeats your entire case.

Note: Ground 8A — a new mandatory ground for repeated arrears appearing in earlier versions of the legislation — did not make it into the final Renters' Rights Act 2025. Do not rely on it.

Before You Serve: Essential Preparation

Acting too quickly is as damaging as acting too slowly. A notice served without proper preparation, or against a tenancy with a compliance gap, may be challenged or set aside.

Check compliance

Before any Section 8 notice can result in a court order, the following must be in place (for most grounds):

Deposit protected in an approved scheme with prescribed information served within 30 days of receipt. For Grounds 8, 10, and 11, a court will not make a possession order if the deposit is unprotected.
Gas Safety Certificate current, with a copy given to the tenant
Electrical Installation Condition Report (EICR) current (5-year cycle), with a copy given to the tenant
EPC current (10-year cycle), minimum E rating, with a copy given to the tenant
Written Statement or Information Sheet served in accordance with SI 2026/324

Fix any compliance gaps before serving. Attempting to take possession with an unprotected deposit fails at court and allows the tenant to counterclaim for between one and three times the deposit amount.

Build your rent schedule

Prepare a clear record showing every rent due date, the amount due, the date payment was received (if at all), the amount received, and the running arrears balance. This is your primary evidence. A well-prepared rent schedule also demonstrates the pattern for Ground 11 claims.

Attach bank statements covering the tenancy period — they corroborate the schedule and show when payments were received (or not). Courts want to see both.

Write to the tenant

Before serving formal notice, contact the tenant in writing about the arrears. Set out what is owed, ask when they will pay, and ask whether there are any delays in benefit payments that might explain the shortfall. This demonstrates good faith and may surface a UC payment delay that avoids the need for possession proceedings altogether. Keep copies of all correspondence.

Serving the Section 8 Notice

Use the correct form

Section 8 notices must use Form 3A, prescribed under SI 2026/354. Using an outdated form — one prescribed before the Renters' Rights Act 2025 changes — invalidates the notice. Download the current version from GOV.UK.

Complete the form accurately

The notice must include:

Full names of all tenants — every named tenant must be included
Property address
The grounds relied on — cite Grounds 8, 10, and 11 (and any others that apply)
The full statutory text of each ground as it appears in the legislation
Particulars: a clear, specific explanation of how each ground applies, including the rent schedule showing arrears at the date of service
The earliest date on which possession proceedings may begin — this must be at least 4 weeks after the date of service for arrears grounds
Your (or your agent's) name, address, and signature

The particulars section is where cases are won or lost. "The tenant owes rent" is not sufficient. The particulars must give dates, amounts, and the running balance with enough specificity that the court can check them against the rent schedule at the hearing.

Serve the notice correctly

Acceptable service methods:

In person — hand the notice directly to the tenant. Have a witness present and ask them to sign a statement confirming delivery.
First class post — send to the property address and allow two working days for deemed delivery. Use recorded delivery for evidence.
Email — only if the tenancy agreement expressly permits service of notices by email. If it does not, email service is invalid.

Keep proof of service. Without it, the court may refuse to proceed. A certificate of posting, recorded delivery tracking confirmation, or a signed witness statement are all acceptable.

After the Notice Period Expires

If the tenant has not paid the full arrears or vacated by the end of the 4-week notice period, apply for a possession order.

Applying to court

You can apply online via HMCTS Possession Claims Online or file at your local county court. The application requires:

Form N5 (possession claim) and Form N119 (particulars of claim)
Copy of the Form 3A notice and proof of service
Tenancy agreement
Up-to-date rent schedule (arrears must still be at least 3 months at the hearing for Ground 8)
Bank statements corroborating the rent schedule
All correspondence with the tenant about the arrears
Deposit protection certificate and evidence of prescribed information service
Compliance certificates (gas, EICR, EPC)

Court fee: currently £355 for a standard possession claim.

The hearing

The court will list a hearing, typically 4–8 weeks after the application is issued. The hearing itself is usually brief for straightforward cases.

For Ground 8 (mandatory): the judge checks whether at least 3 months' arrears existed on the date the notice was served, and still exist on the hearing date. If both are confirmed, the judge must grant possession — there is no discretion and the tenant's personal circumstances are not relevant.

For Grounds 10 and 11 (discretionary): the judge weighs the amount owed, payment history, the tenant's circumstances, and whether it is reasonable to grant possession. A suspended possession order — requiring the tenant to pay current rent plus a monthly contribution toward arrears — is a common outcome, particularly on a first claim.

If the tenant does not leave

If the tenant remains in occupation after the date specified in the possession order, apply for a warrant of possession using Form N325 (fee: £130). County court bailiffs will attend the property. Expect 4–6 weeks from issuing the warrant to the bailiff appointment.

Typical Timeline

Stage	Timeframe
Arrears reach 3 months	~3 months from first missed payment
Serve Section 8 (Form 3A)	Day 1
4-week notice period expires	Week 4
Apply to court	Week 5
Court hearing	Week 9–13 (4–8 weeks after application)
Possession order (14 days to vacate)	Week 11–15
Warrant of possession (if needed)	Week 15–21
Total from first missed payment	~5–7 months

Courts in some areas are congested and hearing dates can slip. The timeline above assumes a relatively efficient county court. Budget for longer.

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Frequently asked questions

What arrears threshold triggers Ground 8 since the Renters' Rights Act 2025?

Three months' rent (for monthly tenancies) or 13 weeks' rent (for weekly or fortnightly tenancies). The Renters' Rights Act 2025 raised the threshold from two months. The arrears must meet the threshold both at the date the Section 8 notice is served and at the date of the court hearing.

What happens if the tenant pays some arrears before the court hearing?

If the tenant reduces arrears below three months' rent before the hearing, Ground 8 (mandatory) fails. This is why Grounds 10 and 11 must always be pleaded alongside Ground 8. Ground 10 remains available if any arrears still exist at the hearing; Ground 11 remains available regardless of whether any arrears exist, provided there is a demonstrable pattern of persistent late payment.

Is there a new mandatory Ground 8A for repeated arrears?

No. Ground 8A appeared in earlier versions of the legislation but did not make it into the final Renters' Rights Act 2025. Do not plead a ground that does not exist in the enacted legislation.

Do I need the deposit to be protected before serving Section 8 for rent arrears?

Yes. For Grounds 8, 10, and 11, a court will not make a possession order if the tenant's deposit is not protected in an approved scheme and if prescribed information has not been served. Fix any deposit compliance issue before serving the Section 8 notice. The only grounds exempt from this precondition are Grounds 7A and 14 (antisocial behaviour grounds).

Can I evict for one month's unpaid rent?

Ground 8 requires at least three months' arrears, so one month's arrears does not qualify. Ground 10 (any arrears) can technically be used, but the court must find it reasonable to grant possession — a single month's arrears is unlikely to satisfy that test unless there is a surrounding pattern. Ground 11 (persistent late payment) may apply if there is a documented history of lateness even when the current arrears are low.

Sources

This article is general guidance, not legal advice. Verify your obligations against current GOV.UK guidance or seek professional advice for your circumstances. Last reviewed 2026-07-11.