Renters' Rights Act 2025, Phase 1 commencement
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England

Ground 10: Some Arrears at Notice Date AND Hearing Date — Discretionary Possession — Any Amount Qualifies — No Minimum Unlike Ground 8 — 2-Week Section 8 Notice — Plead with Grounds 8 and 11

Landlord Ground 10 Rent Arrears UK 2026 — Discretionary Possession for Some Arrears at Notice and Hearing Dates

Ground 10 HA 1988 Schedule 2: discretionary possession ground where some rent is lawfully due and in arrears at both the Section 8 notice date and the court hearing date. Unlike mandatory Ground 8 (requires 8+ weeks/2 months and court must grant possession), Ground 10 applies to any arrears amount and is discretionary. Best practice: plead Grounds 8, 10 and 11 together for belt-and-braces coverage of all arrears scenarios. RRA 2025: Ground 10 retained as discretionary.

9 min readUpdated 7 June 2026Last reviewed: 17 May 2026possessionrent-arrearsground-10section-8

Ground 10 — conditions and discretionary nature

Ground 10 requires some rent in arrears at Section 8 notice date AND at court hearing date; any amount qualifies; court has discretion whether to grant possession; distinguish from mandatory Ground 8 (8+ weeks/2 months; no court discretion if threshold met).

Combined pleading with Grounds 8 and 11

Always plead Grounds 8, 10 and 11 together: Ground 8 (mandatory if threshold met); Ground 10 (any arrears; discretionary fallback if tenant reduces arrears below Ground 8 threshold before hearing); Ground 11 (persistent lateness; covers pattern even without arrears at hearing). Belt-and-braces approach.

Pre-action steps and devolved positions

Pre-action: written rent demands; arrears ledger; pre-action letter; consider repayment plan. Scotland: PRT Ground 12 (3 months arrears mandatory) and Ground 13 (persistent delay). Wales: RHWA 2016 possession notice process. NI: PT(NI)O 2006 similar principles.

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