Ground 8A of Schedule 2 to the Housing Act 1988 is an entirely new mandatory possession ground introduced by the Renters' Rights Act 2025, in force from 1 May 2026. It is designed to address one of the most common frustrations in rent arrears possession: the tenant who accumulates months of arrears, then pays just enough to defeat Ground 8 at the court hearing, only to fall into arrears again. Ground 8A looks backwards, not just at the current moment, to assess persistent arrears behaviour.
Mandatory ground. Applies where: the tenant has been in rent arrears of at least 3 months' rent on 3 or more separate occasions within a rolling 3-year period before the Section 8 notice date. If proved, the court must grant possession. Notice period: 4 weeks minimum on Form 3A.
The statutory elements of Ground 8A
Ground 8A requires the landlord to show that within the 3-year period ending on the date the Section 8 notice is served, there were at least 3 separate occasions on which the tenant was in rent arrears of at least 3 months' rent. Each occasion is a separate point in time at which the arrears threshold was met — not a continuous period.
- 3-year rolling lookback: The 3-year period is counted back from the date of service of the Section 8 notice. Arrears occasions that occurred more than 3 years before the notice date do not count
- 3 separate occasions: Each occasion must be a distinct point in time when the tenant owed at least 3 months' rent. Two occasions within the same continuous arrears run count as one occasion if the arrears threshold was never cleared between them
- 3 months' rent threshold: At each of the 3 occasions, the arrears must have equalled or exceeded 3 months' rent. The 3-month threshold is measured by rent quantum, not calendar months — weekly rent multiplied by 13 weeks, or monthly rent multiplied by 3
- Mandatory outcome: If the factual elements are proved on the balance of probabilities, the court must grant possession. The court has no discretion to refuse once Ground 8A is made out
When Ground 8A is more useful than Ground 8
Ground 8 (the existing mandatory arrears ground) requires 2 months' arrears at both the notice date and the court hearing. An experienced tenant who knows the possession process can pay down arrears to below the threshold just before the hearing, defeating Ground 8 and forcing the landlord to start again. Ground 8A removes this tactic. As long as the historical arrears occasions within the 3-year window can be evidenced, the ground is available even if the current arrears balance is nil.
Scenario: Tenant falls into 3 months' arrears (March 2024), pays down to zero (April 2024), falls into 3 months' arrears again (October 2024), pays down again (November 2024), falls into 3 months' arrears again (May 2025), and pays down again before any notice is served. Ground 8 would fail at every hearing because current arrears are below 2 months. Ground 8A applies because there have been 3 occasions of 3-months' arrears within a 3-year window. Serve Ground 8A and the court must grant possession.
Evidence required for Ground 8A
- Rent account history: A running ledger showing all rent charge dates, payment dates, amounts received, and running arrears balance from at least 3 years before the notice date. Export this from your property management software or maintain it in a rent account spreadsheet
- Identifying the 3 occasions: From the rent history, identify the specific dates on which arrears equalled or exceeded 3 months' rent. Note each date and the arrears balance on that date
- Tenancy agreement: Confirm the monthly (or weekly) rent amount so the 3-month threshold can be calculated precisely
- Any payment plans or arrears agreements: Retain all correspondence, arrears payment agreements, and records of any partial payments — these help establish the timeline of each arrears occasion
- Notices and correspondence: Prior Section 8 Ground 8 or Ground 10 notices, letters chasing arrears, and any court orders relating to past arrears all strengthen the evidential picture
How to serve a Ground 8A notice
From 1 May 2026, all Section 8 notices must use Form 3A (the prescribed form under the Renters' Rights Act 2025). To serve a Ground 8A notice correctly:
- Identify and list the 3 arrears occasions: Write out the dates and arrears amounts for each of the 3 (or more) qualifying occasions within the 3-year window. These must appear on the notice with sufficient detail for the tenant to understand the basis of the claim
- Complete Form 3A: Specify Ground 8A in Section 2 of Form 3A. Describe the 3 arrears occasions. Include the rent amount and the threshold calculation (3 × monthly rent = X)
- Give at least 4 weeks' notice: The notice period for Ground 8A is at least 4 weeks from the date of service. The notice must state the earliest date possession can be sought
- Serve on every named tenant: Serve the notice individually on every named tenant on the tenancy. Joint tenancies require individual service on each named tenant
- Keep proof of service: First-class post to the tenancy address with a certificate of posting, or personal delivery with a witness, or email with a read receipt. Retain the proof — it is essential at court
Ground 8A at court
Ground 8A is a mandatory ground. If the landlord proves the 3 occasions of 3-months' arrears within the 3-year window, the court must grant a possession order. The court does not assess reasonableness (unlike discretionary grounds). The tenant may challenge the factual elements of the ground — for example, arguing that one of the arrears occasions does not meet the 3-month threshold, or that payments were made that the landlord's account has not credited correctly. A complete, accurate rent history is essential to address any such challenge.
LetSafe UK's Section 8 Notice Pack (LS-E-010, £19) includes the current Form 3A prescribed notice, updated for RRA 2025 including Ground 8A. The pack includes a ground-selection matrix explaining when to use Ground 8A versus Ground 8, and a notice period calculator. All mandatory and discretionary grounds are covered with plain-English guidance.
Ground 8A and the transition from fixed-term ASTs
Ground 8A applies to Periodic Assured Tenancies — the new regime for all English private lettings from 1 May 2026. For existing fixed-term ASTs that converted to PATs on 1 May 2026, the 3-year lookback period for Ground 8A can include arrears occasions that arose during the fixed-term period, provided those occasions were within 3 years of the notice date.
Ground 8A versus Ground 11 (persistent delay)
Ground 11 is a discretionary ground available where a tenant has 'persistently delayed paying rent which has become lawfully due' — even if the tenant is not currently in arrears at all. Ground 11 has a lower threshold (persistent delay, not 3-month arrears on 3 occasions) but is discretionary, meaning the court may decline to grant possession. For the most serious serial arrears cases, Ground 8A provides a more reliable route to a mandatory possession order. In less clear-cut cases, pleading both Ground 8A and Ground 11 in the alternative maximises the options available at court.