Ground 8 — the mandatory threshold and the dual-date requirement
Ground 8 is satisfied where the tenant owes at least the prescribed arrears amount at two specific dates: the notice date and the hearing date. If the tenant pays down arrears below the threshold before the hearing, Ground 8 fails — always plead Grounds 10 and 11 as fallbacks.
- Threshold: at least 8 weeks' arrears (weekly/fortnightly tenancy) or 2 calendar months' arrears (monthly tenancy) at BOTH notice date AND hearing date
- Mandatory: court must make possession order once both conditions satisfied; no discretion to refuse on grounds of UC delays, family circumstances, or tenant hardship
- Partial payment trap: if tenant pays enough to reduce arrears below threshold before hearing, Ground 8 fails; plead Grounds 10 and 11 (discretionary arrears/persistent delay) in the same notice as fallbacks
- Arrears calculation: only amounts contractually due and not yet received by the landlord count; UC housing cost element decided but not yet paid does NOT reduce arrears
Notice requirements under RRA 2025 — 4-week notice period from 1 May 2026
The Ground 8 notice period changed from 2 weeks (pre-RRA 2025) to 4 weeks (post-RRA 2025) for periodic assured tenancies from 1 May 2026. A notice giving less than 4 weeks is invalid.
- 4-week notice required from 1 May 2026; 2-week notice under pre-RRA 2025 AST regime was the previous standard
- Prescribed form of possession notice: must specify grounds (Ground 8 + Grounds 10 and 11); particulars of arrears at notice date; date landlord may apply to court (at least 4 weeks from service)
- Service: hand delivery, first class post (add 2 business days), or method specified in tenancy agreement; keep proof of service
- Serve on all joint tenants and any relevant person who paid the deposit; failure to serve on a joint tenant may invalidate the notice
Ground 8 vs Ground 8a vs Grounds 10 and 11
The Housing Act 1988 Schedule 2 provides multiple rent arrears grounds. Landlords should understand the differences and plead multiple grounds where the facts support it.
- Ground 8: at least 2 months/8 weeks arrears at notice AND hearing; mandatory; 4-week notice; best for large, sustained arrears
- Ground 8a (new under RRA 2025): 3 episodes of at least 2 months' arrears in preceding 3 years; mandatory; 4-week notice; catches persistent non-payers who frustrate Ground 8 by paying down
- Ground 10: some arrears at notice and hearing (no minimum); discretionary — court must find it reasonable; 4-week notice; useful fallback if Ground 8 fails
- Ground 11: persistent delay in paying rent (even with no arrears at hearing); discretionary; must evidence a pattern of regular late payments over 6-12+ months
Universal credit delays and the partial payment defence
Tenants frequently raise UC payment delays to explain arrears. Ground 8 is mandatory and the court cannot refuse an order on this basis — but the court can postpone the date for possession. The landlord should apply for an Alternative Payment Arrangement early to route UC housing cost element directly to the landlord.
- UC 5-week wait: arrears often arise during the initial UC claim period; the court cannot refuse Ground 8 on this basis but can postpone the date for possession
- UC managed payment (APA): request DWP Alternative Payment Arrangement to route housing cost element direct to landlord; arrears still accrue until APA payments are received
- Partial payment defence: if tenant reduces arrears below threshold before hearing, Ground 8 fails; Grounds 10 and 11 (pleaded in the same notice) remain available
- Always plead Grounds 10 and 11 alongside Ground 8 in the same possession notice — this is standard practice and costs nothing extra