To evict a tenant for rent arrears in England now, a landlord needs a Section 8 notice that names a ground. Ground 8 is mandatory but needs at least three months’ rent unpaid (13 weeks if rent is weekly or fortnightly), both on the day the notice is served and on the day of the hearing. Grounds 10 and 11 cover smaller or repeated arrears, but the court then decides whether possession is reasonable. All three need four weeks’ notice when the notice names only these grounds.
How can a landlord evict a tenant for rent arrears now?
- Ground 8, serious arrears: mandatory. Three months’ rent unpaid (13 weeks if weekly or fortnightly) at service and at the hearing.
- Ground 10, some rent unpaid: discretionary. Rent unpaid when the claim starts, and in arrears when the notice was served.
- Ground 11, persistent late payment: discretionary. No arrears are needed when the claim starts.
- Notice: four weeks for all three, up from two weeks before 1 May 2026.
What counts as serious arrears under Ground 8?
The change took effect on 1 May 2026 for assured tenancies that are not social housing (S.I. 2026/421, regulation 2). Schedule 2 to the Housing Act 1988 now says that, at the date the notice is served and at the date of the hearing, at least 13 weeks’ rent is unpaid where rent is payable weekly or fortnightly, or at least three months’ rent where it is payable monthly. “Rent” means rent lawfully due from the tenant. On our reading, a rise that skipped the Section 13 process is not lawfully due, so count from the last valid rent (see our rent increase article).
If the tenant is entitled to an amount for housing in a Universal Credit award, any sum unpaid only because they have not yet received that payment is ignored. A tenant whose Universal Credit payment has not yet arrived can owe three months on paper and still fall short of the ground.
| Point | Before 1 May 2026 | From 1 May 2026 |
|---|---|---|
| Ground 8, monthly rent | Two months unpaid | Three months unpaid |
| Ground 8, weekly or fortnightly rent | Eight weeks unpaid | 13 weeks unpaid |
| Minimum notice, Grounds 8, 10 and 11 | Two weeks | Four weeks |
| Universal Credit delay | No rule in the ground | Ignored in the count |
How do Grounds 8, 10 and 11 differ?
| Point | Ground 8 | Ground 10 | Ground 11 |
|---|---|---|---|
| What you show | Threshold met at service and at hearing | Some rent unpaid when the claim begins, and in arrears at service | Tenant has persistently delayed paying rent that was due |
| Type | Mandatory | Discretionary | Discretionary |
| Minimum notice | Four weeks | Four weeks | Four weeks |
On a mandatory ground, GOV.UK says the judge must make a possession order if satisfied the ground is made out. Under section 7(4) of the 1988 Act the court may order possession on Grounds 10 and 11 only if it considers it reasonable. GOV.UK adds that this applies even where there is evidence against the tenant.
Section 9 gives the court wider options on a discretionary ground. It can adjourn, suspend or postpone. Unless that would cause exceptional hardship or be unreasonable, it must set conditions for paying the arrears and the rent. Section 9(6) removes those powers where the landlord is entitled to possession on a mandatory ground. So a Ground 8 order usually means leaving within 14 days (GOV.UK says up to six weeks for extreme hardship). A Ground 10 or 11 order can be suspended on a payment plan.
Section 8(2) bars an order on a ground missing from the notice, though the court may allow one to be added. Naming Ground 10 alongside Ground 8, where the facts fit both, gives the court a second route.
What if the tenant pays before the hearing?
GOV.UK says a tenant cannot be evicted under Ground 8 if they pay off what they owe, or owe less than the threshold, by the time of the hearing. It lists paid rent as a reason a judge may dismiss a claim. The landlord may then be ordered to pay the tenant’s legal costs.
Only the balance on those two dates counts. Every payment lowers that balance, but a dip between the dates, as on 15 March below, does not help the tenant.
A worked example (invented figures and dates)
Rent is £1,100 a month, due in advance on the 1st. The tenant paid up to and including 1 December 2026 and nothing for January, February or March 2027. Three months’ rent is £3,300. The landlord serves a notice naming Grounds 8 and 10 on Tuesday 2 March 2027.
| Date | What happens | Rent due since 1 Jan | Paid | Unpaid |
|---|---|---|---|---|
| 2 March | Notice served | £3,300 | £0 | £3,300 |
| 15 March | Tenant pays £1,100 | £3,300 | £1,100 | £2,200 |
| 30 March | Earliest date to start the claim | £3,300 | £1,100 | £2,200 |
| 6 April | Claim issued (April rent was due on the 1st) | £4,400 | £1,100 | £3,300 |
| 1 May | May rent falls due | £5,500 | £1,100 | £4,400 |
| 20 May | Hearing | £5,500 | £1,100 | £4,400 |
Four weeks beginning with 2 March end on 29 March, so the earliest start date is 30 March. If nothing more is paid, £4,400 is unpaid at the hearing, above £3,300, so Ground 8 is made out on both dates. The dip to £2,200 on 15 March does not matter.
Now suppose the tenant pays another £1,200 on 18 May. Unpaid falls to £3,200, which is £100 under three months, and Ground 8 fails at the hearing. Ground 10 is still open, because £3,300 was unpaid when the claim started and the tenant was in arrears when the notice was served. The court then decides whether possession is reasonable.
What should a landlord do before serving, and what should they record?
- Talk early, in writing. GOV.UK’s landlord guidance suggests trying to resolve the arrears before giving notice, and points to a repayment plan from Citizens Advice.
- Ask about benefits. DWP guidance says that with arrears of two months or more you can request a managed payment or a deduction from Universal Credit. The tenant has up to 14 days to object.
- Check for a breathing space. While one runs, GOV.UK’s creditor guidance bars serving a notice on Grounds 8, 10 or 11, and bars taking action on a notice already served. It was last updated in 2023, so check it still applies.
- Build the rent schedule. The court rules ask for every payment due and made in the two years before issue (or since the first default), a running total, the daily rate of rent and any earlier recovery steps. Keep it up to date to the hearing.
- Check the deposit. For most grounds a court makes an order only if the deposit was protected and the prescribed information given, or the deposit was returned, or any challenge has ended.
The court’s pre-action protocol for possession claims is written for social landlords, so by its own terms it does not apply to a private landlord. On our reading it still shows good practice: contact the tenant early, try to agree affordable payments and talk again after the notice before issuing. Keep copies of the notice, proof of service and a log of contact. Our Section 8 notice article covers serving the notice.
What can a tenant do?
GOV.UK tells tenants to speak to the landlord early, ask for a repayment plan, pay what they can afford and consider mediation. Free advice from the Housing Loss Prevention Advice Service, covered in GOV.UK’s legal aid guidance, starts when written notice arrives. Our ending your tenancy guide covers their side.
What the sources do not settle
- How “three months” is counted. Our example counts each instalment due. Rent paid every four weeks is lawful (section 4A(3)) but fits neither limb of Ground 8, so take advice and test the arrears against 13 weeks’ rent in pounds. The quarterly and yearly limbs were omitted on 1 May 2026.
- Adjourned hearings. The Act says “the date of the hearing”. Which date counts after an adjournment is a question for a solicitor.
- How a judge weighs Grounds 10 and 11. The Act says “reasonable” and GOV.UK gives no list of factors.
- The landlord database. Section 90 of the Renters’ Rights Act would block a possession order while a landlord breaches the database duty (except on Grounds 7A and 14), but legislation.gov.uk lists it as not yet applied to section 7. See our landlord register article.
If rent is slipping, our protecting your income guide is the place to start, and our lettings team can talk through your position: get in touch.
Questions readers ask
How many weeks of rent arrears do I need for Ground 8?
Schedule 2 to the Housing Act 1988 says at least 13 weeks’ rent must be unpaid if rent is payable weekly or fortnightly, and at least three months’ rent if it is payable monthly. The threshold has to be met on the date the notice is served and again on the date of the hearing. Before 1 May 2026 the figures were eight weeks and two months.
Can a tenant stop Ground 8 by paying before the hearing?
Yes, if the payment brings the arrears under the threshold by the hearing date. GOV.UK says a tenant cannot be evicted under Ground 8 if they pay off what they owe, or owe less than the amounts above, by the time the case reaches court. The landlord can still ask for possession on Ground 10 or 11 if the notice named them.
Can I evict a tenant who is one month behind?
Not on Ground 8, which needs three months or 13 weeks. Ground 10 covers some rent unpaid when the claim starts that was also in arrears when the notice was served, but it is discretionary, so the court decides whether possession is reasonable. Ground 11 covers persistent late payment. Both need four weeks’ notice when the notice names no other grounds.
Does delayed Universal Credit count towards Ground 8 arrears?
Not where the rent is unpaid only because the tenant has not yet received the housing payment in their Universal Credit award. Schedule 2 says that amount is ignored when working out the arrears. GOV.UK adds that a landlord cannot evict on Ground 8 where three months or 13 weeks are owed because Universal Credit has not been received.
How much notice does a landlord need for rent arrears?
Section 8(4AA) of the Housing Act 1988 sets four weeks, beginning with the date of service, for Grounds 8, 10 and 11. The landlord can start a claim only on or after the date stated in the notice, and no later than 12 months after service. Before 1 May 2026 the minimum for these grounds was two weeks.
Sources
- legislation.gov.uk, Housing Act 1988, Schedule 2, read on 17 October 2026.
- legislation.gov.uk, Housing Act 1988, section 7, section 8 and section 9, read on 17 October 2026.
- legislation.gov.uk, S.I. 2026/421, regulation 2 and Renters’ Rights Act 2025, section 90, read on 17 October 2026.
- GOV.UK, Grounds for possession guidance, updated 1 May 2026.
- GOV.UK, Repossessing your privately rented property after 1 May 2026, updated 13 July 2026.
- GOV.UK, Notices of possession served from 1 May 2026: a guide for tenants, read on 17 October 2026.
- GOV.UK, Evicting tenants in England, read on 17 October 2026.
- GOV.UK, Universal Credit and rented housing: guide for landlords, updated 10 June 2026.
- GOV.UK, Breathing Space guidance for creditors, last updated 9 June 2023.
- GOV.UK, Legal aid for possession proceedings, read on 17 October 2026.
- Ministry of Justice, Practice Direction 55A, paragraphs 2.3 and 5.2, read on 17 October 2026.
- Ministry of Justice, Pre-Action Protocol for Possession Claims by Social Landlords and Practice Direction on Pre-Action Conduct, read on 17 October 2026.
