Ground 8A is one of the most important new provisions in the Renters' Rights Act 2025. It is a mandatory Section 8 ground specifically designed to address the weakness in Ground 8, the fact that a tenant could defeat a Ground 8 possession claim by paying down enough arrears before the hearing. Ground 8A closes that loophole: once a tenant has been in serious arrears on three separate occasions in the past three years, possession is mandatory even if the tenant clears all arrears before the hearing.
Unlike Ground 8 (where clearing arrears below 3 months before the hearing defeats the ground), Ground 8A is not defeatable by repayment. If the three-occasion test is met, the court must grant possession, regardless of whether the tenant is currently in arrears at the hearing date.
The Ground 8A three-occasion test
- The tenant must have been at least 3 months in arrears on at least 3 separate occasions during the 3 years prior to service of the Section 8 notice
- Each of the 3 occasions must have been a separate period of arrears, not a single continuous period of arrears that was partially paid down and built back up
- The threshold on each occasion is 3 months' rent in arrears (the same threshold as Ground 8)
- Evidence: a rent account statement showing the arrears history over the preceding 3 years, with dates when arrears reached 3 months and subsequent payments
- The ground can be used even if the tenant is currently up to date with rent at the date of the notice, the current arrears position is irrelevant once the three-occasion test is met
Notice period and form
- Notice period: 4 weeks, the same as Ground 8
- Form: Form 3A (the prescribed Section 8 notice form from 1 May 2026)
- Cite both Ground 8 and Ground 8A on the same Form 3A, if Ground 8 is defeated (arrears cleared before the hearing), Ground 8A remains
- Also cite Grounds 10 and 11 (any arrears, persistent late payment, both discretionary) on the same notice as a further fallback
- Serve on all joint tenants at their last known address
Using Ground 8A strategically
- Ground 8A is most powerful when a tenant has a history of 'yo-yo' arrears, paying enough to avoid Ground 8 at the hearing, then falling back into arrears shortly after. The three-occasion test captures this pattern
- Start documenting arrears occasions from the first time arrears reach 3 months, record the date, the amount, and any subsequent repayment
- Do not serve the Ground 8A notice until you have documented at least 3 occasions, an insufficient arrears history means the ground is not yet established
- Ground 8A does not require a minimum tenancy duration, it can be used from the start of the tenancy if 3 occasions of 3-month arrears have occurred (unusual but possible in a long tenancy)
- The three-occasion test looks back 3 years from the notice date, early arrears occasions more than 3 years old do not count
Ground 8A vs Ground 8, when to use which
- Use Ground 8: When arrears are currently at or above 3 months and you expect them to remain at that level through to the hearing, faster notice period (4 weeks) and mandatory if arrears remain above the threshold at the hearing
- Use Ground 8A: When you have a documented history of 3 or more occasions of 3-month arrears, regardless of the current arrears level, especially useful when the tenant has a pattern of clearing arrears just before hearings
- Use both: Always cite Grounds 8 and 8A together on the same Form 3A, if Ground 8 fails (arrears cleared), Ground 8A stands. Add Grounds 10 and 11 as discretionary fallbacks
- The court must grant possession if either Ground 8 or Ground 8A is proven, the mandatory nature of both grounds means the tenant's personal circumstances are not a defence