Is there a Ground 8A?
No. A mandatory 'Ground 8A' aimed at persistent rent arrears was proposed in the earlier Renters (Reform) Bill 2023 to 2024. That Bill fell before the general election and the persistent-arrears ground was not enacted in the Renters' Rights Act 2025. The Act now in force, and Schedule 2 to the Housing Act 1988 as it has been amended, contains no Ground 8A and no mandatory ground for a pattern of arrears.
This matters because a Section 8 notice that cites a ground which does not exist is defective and risks the possession claim being dismissed. Landlords dealing with a tenant who repeatedly builds and clears arrears must use the grounds that were actually enacted: the mandatory Ground 8 for serious current arrears, and the discretionary Grounds 10 and 11.
What was proposed, and what actually applies
The proposed Ground 8A would have made possession mandatory where a tenant had been in arrears on three separate occasions within three years, so that clearing arrears before the hearing would not defeat the claim. That proposal was not enacted. The position under the law in force is:
- The tenancy is a Periodic Assured Tenancy (PAT), or a pre-commencement AST that converted to a PAT on 1 May 2026
- Ground 8 (mandatory, 4 weeks' notice): serious current arrears of at least 3 months (13 weeks) at both the notice date and the hearing date. Clearing arrears below the threshold before the hearing defeats Ground 8
- Ground 10 (discretionary, 4 weeks' notice): any amount of arrears at the notice date. The court weighs the circumstances
- Ground 11 (discretionary, 4 weeks' notice): persistent delay in paying rent, even if there are no current arrears. This is the only route for a repeated pattern of arrears, and it is discretionary
Do not serve a notice citing 'Ground 8A'; it does not exist. A pattern of repeated arrears is handled only by the discretionary Ground 11 (persistent late payment) and Ground 10 (any arrears). Clearing serious current arrears before the hearing still defeats the mandatory Ground 8.
Notice requirements, Form 3A
Rent-arrears possession is served on the tenant using the standard Section 8 Notice (Form 3A). The notice must:
- Be in the prescribed Form 3A format (updated for RRA 2025, do not use pre-May 2026 versions of Form 3)
- Identify each ground relied on (for example Grounds 8, 10 and 11) by name and by ground number, not a non-existent 'Ground 8A'
- Set out full particulars of the arrears, including the amounts and dates relied on for each ground
- Specify the notice date and the date after which possession proceedings may be commenced (at least four weeks from the date of service of the notice)
The notice period for the rent-arrears grounds (8, 10 and 11) is four weeks from the date of service.
Service methods
The Renters' Rights Act 2025 prescribes the valid methods of serving a Section 8 notice. Using a non-prescribed method risks the notice being held invalid and the court dismissing the possession claim:
- First class post to the tenant's address: Deemed served on the second working day after posting
- Hand delivery to the property: Served on the date of delivery (or the next working day if delivered after 5pm)
- Electronic service (email or messaging): Only valid if the tenancy agreement or a separate written agreement explicitly authorises electronic service and states the tenant's email or messaging address for notices
- Leaving at the property: Served on the date left, or the next working day if left after 5pm on a Friday or on a bank holiday
Choosing grounds for a repeated-arrears case
| Ground 8 | Ground 10 | Ground 11 | |
|---|---|---|---|
| Type | Mandatory | Discretionary | Discretionary |
| Trigger | 3 months' arrears at notice AND at hearing | Any arrears at the notice date | Persistent delay in paying rent, even if not currently in arrears |
| Notice period | 4 weeks | 4 weeks | 4 weeks |
| Survives part-payment before hearing? | No, clearing arrears defeats it | Court decides on the circumstances | Court decides on the circumstances; the pattern can still be relied on |
| Best used when | Current arrears are high and unlikely to be cleared | Any arrears exist and you want a discretionary fallback | The tenant repeatedly builds and clears arrears |
Court proceedings
After the four-week notice period expires, apply to the county court for a possession order under Part 55 of the Civil Procedure Rules. Where the landlord wishes to claim rent arrears in the same proceedings, a money claim can be included. On Ground 8, the court must grant possession if the arrears remain at or above three months at the hearing; on Grounds 10 and 11 the court has discretion and will consider whether it is reasonable to grant possession.
LetSafe UK's Section 8 Notice (Form 3A) is updated for the Renters' Rights Act 2025 and covers the 26 mandatory and 10 discretionary grounds, including Grounds 8, 10 and 11 for rent arrears. Pre-May 2026 versions of Form 3 are no longer valid for any new notice served on or after 1 May 2026.
Sources
- Renters' Rights Act 2025 (legislation.gov.uk)
- Housing Act 1988 Schedule 2, Grounds for possession (as amended by RRA 2025)
- gov.uk: Assured tenancy forms from 1 May 2026
This guide is accurate as at 31 May 2026. It is provided for information purposes only and does not constitute legal advice. Seek specialist legal advice before commencing possession proceedings.