Renters' Rights Act 2025, Phase 1 commencement
Transition readiness pack
England

Ground 11: Persistent Delay in Paying Rent — No Arrears Required at Notice or Hearing — Captures Habitual Lateness Pattern — 2-Week Notice — Plead with Grounds 8 and 10 for Full Arrears Coverage

Landlord Ground 11 Persistent Delay in Paying Rent UK 2026 — Discretionary Possession for Habitual Late Payment

Ground 11 HA 1988 Schedule 2: discretionary possession for persistent delay in paying rent whether or not arrears are outstanding when proceedings begin. Unlike Ground 10 (arrears required at both notice and hearing dates), Ground 11 targets the pattern of habitual lateness. Evidence: detailed rent ledger showing dates due vs dates received. DISCRETIONARY: court considers frequency, length of delay, improving trend, tenant's circumstances. Best practice: plead Grounds 8, 10 and 11 together. Scotland: PRT Ground 13. RRA 2025: Ground 11 retained.

9 min readUpdated 7 June 2026Last reviewed: 17 May 2026possessionground-11persistent-delayrent-arrears

Ground 11 — persistent delay with no arrears requirement

Ground 11 applies where the tenant has persistently delayed paying rent whether or not arrears are outstanding at the date proceedings begin. Unlike Ground 10 (requires arrears at both notice date and hearing date), Ground 11 targets habitual lateness even when the tenant eventually pays. Evidence: detailed rent ledger showing dates rent became due vs dates actually received.

Court discretion and combined pleading

DISCRETIONARY: court considers frequency of late payments; length of delay; whether improving; tenant's circumstances; pre-action steps. Belt-and-braces: plead Grounds 8 (mandatory; 8+ weeks), 10 (discretionary; any arrears at both dates), and 11 (discretionary; persistent pattern; no arrears needed) in one Section 8 notice.

Scotland, Wales and NI

Scotland: PRT Ground 13 — tenant persistently late in paying rent; Notice to Leave; First-tier Tribunal. Wales: RHWA 2016 occupation contract breach grounds; 4-week possession notice. NI: PT(NI)O 2006 breach of tenancy obligation grounds. RRA 2025 (England): Ground 11 retained as discretionary.

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