The defining feature of Ground 11 — that no arrears need be outstanding at any particular date — makes it the ground that most accurately captures the practical harm caused by a persistently late-paying tenant. A tenant who pays rent 3-4 weeks late every month, causing the landlord persistent cash-flow problems and the need for constant chasing, may never accumulate the 8 weeks or 2 months of arrears needed for mandatory Ground 8. They may clear their arrears just before the Section 8 notice is served, meaning Ground 10 also fails. Ground 11 exists precisely to address this pattern.
Ground 11 is almost always pleaded alongside Ground 8 and Ground 10 in a single Section 8 notice — the belt-and-braces trio of arrears grounds. Including all three maximises the landlord's position: Ground 8 provides the mandatory route if threshold arrears remain; Ground 10 provides the discretionary fallback if some arrears remain; and Ground 11 provides the safety net if the tenant clears all arrears but the pattern of persistent lateness remains proven.
Ground 11 — conditions, what constitutes persistent delay and evidence requirements
What Ground 11 requires, how persistent delay is proved, and the key distinction from Ground 10:
- The Ground 11 test — persistent delay whether or not arrears outstanding: Ground 11 HA 1988 Schedule 2 Part II (Discretionary Ground): 'whether or not any rent is in arrears on the date on which proceedings for possession are begun, the tenant has persistently delayed paying rent which has become lawfully due.' Key elements: (a) the tenant has persistently delayed paying rent — 'persistently' means a pattern of late payment, not a one-off incident; the courts look for a course of conduct over time; (b) the rent must have been lawfully due — i.e., the rent must have been a valid contractual obligation at the time it should have been paid; (c) whether or not any rent is in arrears at the date proceedings begin — this is the crucial phrase: no arrears need be outstanding. The tenant can have paid everything owed and Ground 11 can still be made out if the payment history shows persistent lateness. Ground 11 vs Ground 10: Ground 10 requires some arrears at the Section 8 notice date AND at the court hearing date — both conditions must be met simultaneously. Ground 11 requires no such snapshot of arrears; it is entirely backward-looking and focuses on the payment history. A tenant who pays rent, on average, 4 weeks late every month but always eventually pays: Ground 8 fails (no 8-week/2-month arrears); Ground 10 fails (no arrears at notice or hearing); Ground 11 applies — the pattern of persistent delay is the ground. 'Persistent' in practice: there is no statutory definition of 'persistent'; courts have found persistent delay where: rent has been late in most months over the preceding 12-18 months; average delay is weeks rather than days; the landlord has had to send repeated reminders and demand letters; there is no realistic prospect of the pattern changing. A single late payment, or a cluster of late payments due to a temporary hardship followed by consistently prompt payment, is unlikely to satisfy 'persistent'. Notice: Section 8 notice specifying Ground 11; minimum 2-week notice. From 1 May 2026 in England (RRA 2025), the new prescribed notice replaces the Section 8 form; check current requirements at time of service
- Evidence — the rent ledger — and court discretion factors: Essential evidence for Ground 11 is a detailed rent account ledger that shows: (a) each rental period; (b) the date on which rent became due (typically the rent day specified in the tenancy agreement); (c) the date on which rent was actually received (from bank records, rent receipts, or accounting software); (d) the number of days late for each payment. The ledger should cover at least 12-18 months of rental history to demonstrate a pattern. Supplement the ledger with: copies of rent demand letters; copies of chasing communications (emails; texts; letters); bank statements showing when payments were credited; any Notices to Pay or arrears letters previously served. Court discretion: even where persistent delay is proved, the court has discretion whether to grant possession. Factors the court will consider: (a) length of the delay — weeks-late payments are more serious than days-late; (b) frequency — how many out of the last X months; (c) whether the situation is improving (improving trend may persuade the court to adjourn and monitor); (d) the reason for the delay (delays caused by Universal Credit payment timing or housing benefit delays may attract more sympathy than delays with no explanation); (e) the tenant's personal circumstances (vulnerability; dependants; disability); (f) whether the landlord has suffered actual loss (mortgage arrears; agent fees for chasing); (g) pre-action steps taken by the landlord. Courts may make a suspended possession order (SPO) — requiring the tenant to pay rent on time for a period — rather than immediate outright possession; breach of the SPO then allows the landlord to apply for bailiff enforcement without a further hearing
Combined pleading with Grounds 8 and 10, pre-action steps and devolved positions
The belt-and-braces approach to arrears possession notices and the position in Scotland, Wales and NI:
- Combined pleading, pre-action steps and practical landlord guidance: Belt-and-braces approach: always plead Grounds 8, 10, and 11 together in a single Section 8 notice when dealing with a tenant who has both current arrears AND a history of persistent lateness. A single Section 8 notice can specify multiple grounds. The three grounds give three separate routes to possession: Ground 8 (mandatory; 8+ weeks/2 months arrears at notice and hearing); Ground 10 (discretionary; any arrears at both dates); Ground 11 (discretionary; persistent delay pattern — no arrears required). Including multiple grounds does not weaken the notice — it strengthens the landlord's position. Pre-action steps: before serving a Section 8 notice relying on Ground 11, landlords should have: (1) sent at least one formal rent demand letter before service of notice, specifying the pattern of late payment; (2) maintained a rent account showing all late payments and dates; (3) previously chased in writing on multiple occasions; (4) considered whether to offer a repayment plan or deposit top-up to resolve the situation before resorting to possession. Courts are more likely to exercise discretion to grant possession where the landlord can demonstrate they have given the tenant numerous opportunities to correct their behaviour before issuing proceedings. Housing Pre-Action Protocol for possession claims based on rent arrears requires landlords to take reasonable steps before issuing — including considering whether the tenant's arrears/lateness is caused by benefit delays (Universal Credit; housing benefit) and contacting the local housing authority homelessness team where appropriate. Interest on late rent: the tenancy agreement may provide for interest on late rent; claim this in addition to the possession claim.
- Scotland, Wales and Northern Ireland — persistent late payment frameworks: Scotland: PRT Ground 13 — the tenant has been persistently late in paying rent. Scottish PRT possession grounds include both a mandatory rent arrears ground (Ground 12: 3+ months of arrears) and a discretionary persistent lateness ground (Ground 13). The landlord serves a Notice to Leave specifying Ground 13 (persistent delay); the First-tier Tribunal (Housing and Property Chamber) adjudicates; similar evidence of payment history required. Scottish landlords cannot use English Section 8 procedures — Notice to Leave is the Scottish equivalent. A detailed rent ledger demonstrating persistent lateness is equally important in Scotland. Wales: Welsh Occupation Contracts (RHWA 2016) — the occupation contract framework does not have a direct Ground 11 equivalent by that name, but breach of occupation contract (including the obligation to pay rent on time under the contract terms) can found a possession claim under RHWA 2016; a 4-week possession notice for breach is required; the breach must be a serious breach or a persistent pattern of breach; Welsh-specific legal advice recommended. NI: Private Tenancies (NI) Order 2006 — NI tenancy law provides for possession on grounds including breach of the tenancy agreement (which includes the obligation to pay rent when due); persistent late payment can support a possession claim; notice-to-quit required; court proceedings. NI-specific legal advice recommended — NI tenancy law has significant differences from the English regime
Frequently asked questions
Can I use Ground 11 if my tenant has no outstanding rent arrears?+
Yes — Ground 11 (persistent delay in paying rent) is specifically designed for situations where the tenant has no arrears outstanding but has persistently paid rent late. The ground applies 'whether or not any rent is in arrears on the date on which proceedings for possession are begun'. If you can demonstrate through a detailed rent ledger that your tenant has persistently paid rent late over a pattern of months (even though they eventually pay each month), Ground 11 is available as a discretionary ground. The court then decides whether it is reasonable to grant possession based on the pattern of behaviour.
How much evidence do I need to prove persistent delay under Ground 11?+
You need a detailed rent account ledger covering at least 12-18 months showing: the date rent became due each period; the date it was actually received; the number of days late. Supplement this with copies of written rent demands and chasing communications. There is no statutory definition of 'persistent' — courts have found it where rent has been late in the majority of months over a sustained period, where delays are measured in weeks rather than days, and where there is no realistic prospect of the pattern improving. A one-off or short cluster of late payments is unlikely to satisfy the test.
Should I plead Ground 11 alongside Ground 8 and Ground 10 in the same notice?+
Yes — this is best practice for any tenancy with a history of rent arrears or persistent late payment. A single Section 8 notice can specify all three grounds: Ground 8 (mandatory if 8 weeks+/2 months+ arrears at both notice and hearing dates); Ground 10 (discretionary; any arrears at both dates); Ground 11 (discretionary; persistent delay pattern; no arrears needed). This belt-and-braces approach ensures that even if the tenant clears some or all arrears before the hearing, removing Grounds 8 and 10, Ground 11 remains available to the court as a discretionary ground based on the overall pattern of payment behaviour.
Does Ground 11 still apply after the Renters' Rights Act 2025?+
Yes. Ground 11 (persistent delay in paying rent) 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 — persistent delay in paying rent, whether or not arrears outstanding when proceedings begin — is unchanged. Check current prescribed notice form and minimum notice period requirements at the time of service.
- Ground 10 — discretionary possession for some arrears at notice and hearing dates →
- Ground 8 — mandatory possession for serious rent arrears (8+ weeks) →
- Ground 8a — persistent rent arrears under RRA 2025 →
- Section 8 notice — serving notice, grounds and court process →
- Managing rent arrears — pre-action steps and repayment plans →
- Universal Credit — alternative payment arrangements for landlords →