Landlord Ground 10 Guide 2026 — Discretionary Possession for Rent Arrears, Difference from Ground 8 and Combined Pleading

Ground 10 — the two conditions, discretionary nature and notice requirements

What must be established for Ground 10 and how it differs from the mandatory Ground 8:

• The two conditions — arrears at notice date AND at hearing date: Ground 10 requires that: (a) some rent that is lawfully due from the tenant is unpaid (in arrears) at the date on which the Section 8 notice is served (condition 1); AND (b) some rent that is lawfully due from the tenant is in arrears at the date of the court hearing (condition 2). Both conditions must be met for Ground 10 to be established. If the tenant pays all outstanding arrears before the hearing date, condition 2 fails and Ground 10 falls away — the claim must then rest on other grounds (such as Ground 11 if also pleaded). There is no minimum amount of arrears — even £1 of arrears at both dates technically meets the conditions. However, courts are unlikely to grant possession for trivial arrears, which is why the discretionary nature of the ground is so significant. Ground 10 vs Ground 8: Ground 8 (mandatory possession for serious arrears) requires that both at the notice date AND at the hearing date, the tenant owes at least 8 weeks' rent (weekly tenancy), 2 months' rent (monthly tenancy), or a quarter's rent (quarterly tenancy). Ground 8 is mandatory — if proved, the court has no discretion and must make a possession order. Ground 10 has no minimum arrears level and is discretionary. The practical importance: a tenant who reduces their arrears to less than 8 weeks/2 months before the hearing eliminates Ground 8 but does not eliminate Ground 10 (if still some arrears outstanding). Tip: if the arrears fluctuate, always plead Ground 10 alongside Ground 8 — it provides a safety net if the mandatory ground falls away between notice and hearing. Notice requirements: Section 8 notice specifying Ground 10; minimum 2 weeks' notice for Ground 10. From 1 May 2026 in England (RRA 2025), the Section 8 form is replaced by a new prescribed notice; the minimum notice period for Ground 10 under the new regime — check the current prescribed notice requirements at the time of service
• Court discretion, combined pleading with Grounds 8 and 11, and RRA 2025: Discretionary nature: even where Ground 10 conditions are met (some arrears at both dates), the court will consider whether it is reasonable to grant possession. Factors the court will weigh: (a) the total amount of arrears — small arrears relative to the weekly/monthly rent make possession less likely; (b) the history of payments — are the current arrears a one-off or part of a persistent pattern?; (c) whether the tenant has a realistic plan to pay the arrears; (d) the tenant's personal and financial circumstances (vulnerability; disability; dependants); (e) whether the landlord has engaged with the tenant to address the arrears before issuing proceedings; (f) whether a payment order (rather than possession) would adequately protect the landlord. Combined pleading — Grounds 8, 10 and 11: the most robust approach to arrears possession is to include all three grounds in a single Section 8 notice — Ground 8 (mandatory if 8 weeks+); Ground 10 (discretionary; any arrears at both dates); Ground 11 (discretionary; persistent lateness in paying rent). A single notice can cover all three. This belt-and-braces approach ensures that if the mandatory ground fails (because the tenant reduces arrears below 8 weeks by the hearing), the discretionary grounds are available as a fallback. Courts sometimes adjourn on Ground 10/11 to allow payment rather than granting immediate possession — building in a strong record of prior rent demand letters and pre-action correspondence helps demonstrate that the landlord has acted proportionately before issuing proceedings. RRA 2025 (England from 1 May 2026): Ground 10 is retained as a discretionary possession ground under the Renters' Rights Act 2025; the Section 8 notice form is replaced by a new prescribed notice from 1 May 2026 but the ground itself (some arrears at notice and hearing) is unchanged; check the current prescribed notice form and notice period requirements at the time of service

Pre-action steps, rent demand requirements and devolved positions

What landlords must do before relying on Ground 10 and the arrears possession framework in Scotland, Wales and NI:

• Pre-action steps and rent demand requirements: Before serving a Section 8 notice relying on Ground 10 (and Ground 8), landlords should: (a) have served a formal written rent demand — a valid rent demand (in writing; specifying the amount due; addressed to the tenant) is required before certain arrears grounds can be used; the Housing Act 1988 requires that rent be lawfully demanded before being treated as arrears; (b) maintain a rent account ledger — detailed records of all rent payments and arrears, identifying the specific months/periods where rent was not paid on time; (c) send pre-action arrears letters — write to the tenant at least once before service of notice, specifying the outstanding amount and requesting payment; this demonstrates proportionality; (d) consider a repayment plan — courts take a dim view of landlords who have not offered the tenant an opportunity to address arrears before issuing proceedings; a failed repayment plan strengthens the possession claim; (e) ensure rent is correctly evidenced — if rent is set at a level that does not comply with the tenancy agreement or has been varied without proper documentation, the 'lawfully due' element of Ground 10 may be challenged. County court pre-action protocol: the Housing Pre-Action Protocol for rent arrears requires landlords (including private landlords) to take certain steps before issuing possession proceedings — check for any pre-action arrears letter; review the tenant's benefit position (Universal Credit; Housing Benefit); consider whether the local authority homelessness team should be notified. Courts may penalise landlords in costs if the protocol has not been followed.
• Scotland, Wales and Northern Ireland — arrears possession frameworks: Scotland: the Private Residential Tenancy (PRT) under the Private Housing (Tenancies) (Scotland) Act 2016 has specific rent arrears grounds. PRT Ground 12: the tenant is in arrears of rent (3 months' or more for mandatory ground — note this is different from the English 2-month threshold); PRT Ground 13: the tenant has been persistently late in paying rent; and other financial grounds. Scottish landlords serve a Notice to Leave specifying the ground(s); the First-tier Tribunal (Housing and Property Chamber) adjudicates; similar to England's distinction between mandatory (serious arrears) and discretionary (some arrears; persistent delay). Key difference from England: Scotland's mandatory rent arrears ground requires 3 months of arrears (more than England's 2 months). Wales: Welsh Occupation Contracts (Renting Homes (Wales) Act 2016) provide for landlords to obtain possession for serious rent arrears — the occupation contract framework uses a 'serious breach' approach; for rent arrears, the landlord serves a 'possession notice' under RHWA 2016 Schedule 8 and follows the occupation contract breach process; possession proceedings are in the county court; different notice periods and grounds from the English HA 1988 framework — seek Welsh-specific legal advice. Northern Ireland: the Private Tenancies (NI) Order 2006 provides for possession where rent is in arrears; no direct Ground 10 equivalent but similar principles of some arrears at notice and hearing required; notice-to-quit served; court proceedings; discretion available to the court

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