Under the old Section 21 regime, landlords with chronically late-paying tenants had few options short of waiting for arrears to reach the 2-month threshold for Ground 8. The abolition of Section 21 from 1 May 2026 could have left landlords with no recourse against persistently late payers who clear their arrears just before hearings, a recognised 'pay and stay' tactic.
Ground 8A is the legislative response. It creates a mandatory possession ground based on persistent payment behaviour rather than the level of arrears at any single point. For landlords dealing with a tenant who habitually pays late, Ground 8A may be a more reliable route to possession than Ground 8 (which can be defeated by arrears clearance before the hearing).
What is Ground 8A?
Ground 8A is a new mandatory ground for possession under Schedule 2 of the Housing Act 1988, as amended by the Renters' Rights Act 2025. It applies where:
- The tenant has been in at least 3 months' rent arrears on at least 3 separate occasions during the preceding 3 years
- The landlord serves a valid Section 8 notice citing Ground 8A
- At the date of the notice, the conditions are met, ongoing arrears are not required
How Ground 8A differs from Ground 8
Ground 8 (the existing mandatory arrears ground) requires the tenant to be in at least 2 months' arrears both at the date of notice and at the date of the court hearing. A tenant who clears their arrears before the hearing defeats a Ground 8 claim. Ground 8A operates differently:
- Ground 8, 2 months' arrears at notice AND at hearing. Cleared arrears = defeated claim.
- Ground 8A, persistent late payment on 3+ separate occasions in 3 years. Cleared arrears do NOT defeat the claim, the court must grant possession on the history of behaviour.
- Both are mandatory grounds, the court has no discretion to refuse possession if the ground is proved.
- A landlord can cite both Ground 8 and Ground 8A on the same Form 3A notice.
Notice requirements for Ground 8A
Ground 8A must be cited on a valid Section 8 notice using Form 3A (the prescribed form from 1 May 2026, the old Form 3 is invalid from that date). Key requirements:
- Form 3A must be used, serving on the old Form 3 renders the notice invalid
- The notice must specify Ground 8A by name and set out the dates on which the tenant was in arrears
- Notice period: 4 weeks (as with Ground 8)
- The notice must be served before proceedings are issued
- Proper service is required, personal service, first-class post, or email if contractually permitted
The court process
Because Ground 8A is a mandatory ground, the court must grant a possession order if the ground is proved. The landlord must demonstrate:
- Evidence of 3 or more rent payment dates on which arrears of at least 3 months' rent existed within the past 3 years
- A valid Section 8 notice (Form 3A) citing Ground 8A was served correctly
- Compliance with all prescribed pre-tenancy requirements (EICR, gas safety, EPC, deposit protection, Prescribed Information, How to Rent guide, and from 1 May 2026, the Information Sheet if applicable)
- The court retains discretion to suspend the possession order if it considers this appropriate, unlike the complete mandatory nature of Ground 8
Evidence the landlord needs
Building an evidenced Ground 8A case requires contemporaneous records:
- Rent account statement, a chronological record showing each payment date, amount, and arrears balance. This must clearly show 3 separate occasions when arrears reached 3 months.
- Tenancy agreement, confirming the rent due date and amount.
- Demand letters or rent reminders, communications chasing late payment. These corroborate the rent account.
- Bank statements, showing actual payment receipts with dates.
- Section 8 notice (Form 3A), the correctly served notice citing Ground 8A.
- Certificate of service, evidence of how and when the notice was served.
When to use Ground 8A vs Ground 8
Use Ground 8A when:
- The tenant has a history of paying late but clears arrears before any hearing
- The tenant 'games' Ground 8 by paying just enough just before the hearing date
- You want to build a possession case based on pattern of behaviour rather than current arrears
- Current arrears are below 2 months (not enough for Ground 8 alone)
Frequently asked questions
Can a tenant defeat Ground 8A by paying off arrears before the hearing?+
No. Unlike Ground 8, Ground 8A is based on the pattern of persistent late payment over 3 years, not on the level of arrears at the date of the hearing. Clearing the arrears before the hearing does not defeat a Ground 8A claim, provided the landlord has evidence of 3 or more occasions when the tenant was 3 months in arrears within the past 3 years.
What notice period applies to Ground 8A?+
The notice period for Ground 8A is 4 weeks. The notice must be served on Form 3A (the prescribed form from 1 May 2026, the old Form 3 is invalid). Court proceedings cannot be issued until the notice period has expired.
Can I use Ground 8A and Ground 8 together on the same notice?+
Yes. You can cite multiple grounds on a single Form 3A Section 8 notice. Citing both Ground 8 (if current arrears are at least 2 months) and Ground 8A gives the court two independent mandatory grounds to consider, strengthening the landlord's position if evidence on one ground is questioned.
Does Ground 8A apply to Scotland or Wales?+
No. Ground 8A was introduced by the Renters' Rights Act 2025, which applies to England only. Scotland and Wales have separate possession regimes. In Scotland, use the Private Residential Tenancy regime under the 2016 Act. In Wales, use the Renting Homes (Wales) Act 2016 occupation contract possession rules.
Do I need to update my tenancy agreement for Ground 8A?+
Ground 8A is a statutory ground and does not need to be included in the tenancy agreement to apply. However, from 1 May 2026 all new lettings must use a Periodic Assured Tenancy Agreement, not an AST. The LetSafe Periodic Assured Tenancy Agreement is drafted to be consistent with all the Renters' Rights Act 2025 changes, including the new possession grounds.