Ground 8A Persistent Arrears UK 2026: Why It Was Never Enacted, and What Applies Instead

Is Ground 8A real? What actually happened

No. The accurate position on 'Ground 8A' is:

• Proposed, not enacted: A persistent-arrears ground labelled Ground 8A appeared in the earlier Renters (Reform) Bill 2023-24, under the previous government
• The Bill fell: The Renters (Reform) Bill did not become law before Parliament was dissolved, so Ground 8A never took effect
• Not in the 2025 Act: The Renters' Rights Act 2025 did not re-introduce Ground 8A; it is not part of Schedule 2 to the Housing Act 1988 as in force
• No mandatory persistent-arrears ground: There is no mandatory ground for persistent or repeated arrears, and none that a tenant cannot defeat by paying the arrears down before the hearing

What Ground 8A would have been

It helps to understand what was proposed, so you can see why so much online commentary treats it as real. The version in the earlier Bill was intended to:

• Give landlords a mandatory route where a tenant had a repeated history of arrears, rather than only serious current arrears
• Address the 'pay down before the hearing' tactic that can defeat the mandatory Ground 8
• Sit alongside Ground 8 on the same notice as an additional mandatory basis for possession
• Because the Bill fell and the ground was not carried into the Renters' Rights Act 2025, none of this is law. Any notice, particulars of claim or witness statement drafted around a 'Ground 8A' or a fixed 'number of episodes' test relies on a ground that does not exist

The arrears grounds that actually exist

Under the Housing Act 1988 Schedule 2 as amended by the Renters' Rights Act 2025 (England, in force 1 May 2026), the possession grounds for rent arrears are:

• Ground 8 (mandatory): Available where the tenant is at least 3 months (13 weeks) in arrears at both the notice date and the hearing date. Notice period 4 weeks. If the ground is proved, the court must order possession
• Ground 10 (discretionary): Available where any rent is lawfully due and unpaid at the notice date and the hearing date. Notice period 4 weeks. The court orders possession only if it considers it reasonable
• Ground 11 (discretionary): Available where the tenant has persistently delayed paying rent, whether or not any rent is in arrears at the notice date. Notice period 4 weeks. This is the route for a pattern of late payment, and it is discretionary
• There is no mandatory 'persistent arrears' ground. Ground 11 is the persistent-delay route, and the court keeps discretion to refuse or suspend possession

Why clearing arrears matters, and what no longer applies

The problem the proposed Ground 8A was meant to solve was never solved in law, so landlords must plan around it:

• Ground 8 can be defeated by repayment: Because the arrears must be at least 3 months (13 weeks) at both the notice date and the hearing date, a tenant who pays the balance below the threshold before the hearing defeats Ground 8
• No ground survives full repayment: There is no mandatory ground that remains once the tenant clears the debt. A tenant who clears the balance cannot be evicted on a mandatory arrears ground
• Ground 11 is the discretionary fallback: Where there is a genuine history of late payment you can rely on Ground 11, but the court decides whether possession is reasonable, and it can make a suspended or postponed order
• Cite the real grounds together: Landlords routinely cite Grounds 8, 10 and 11 on the same Section 8 notice, so the discretionary grounds remain if Ground 8 is defeated by a late payment. Do not reference a 'Ground 8A', as no such ground exists

Ground 8A vs Ground 8: the real comparison

People search 'Ground 8A vs Ground 8' expecting two mandatory grounds. There is only one mandatory arrears ground. The honest comparison is between Ground 8 and the discretionary grounds that pick up where it stops:

• Ground 8 (mandatory): Use where current arrears are at least 3 months (13 weeks) and are likely to remain so at the hearing. It is mandatory, but the tenant can defeat it by paying below the threshold before the hearing
• Ground 10 (discretionary): Use for any rent lawfully due and unpaid. It is not defeated simply by the arrears being modest, but the court must be satisfied possession is reasonable
• Ground 11 (discretionary): Use for a tenant with a genuine history of persistent late payment, even if little or nothing is currently owed. This is the closest thing the law has to a 'persistent arrears' ground, and it is discretionary
• There is no mandatory ground based on a pattern of arrears, and none that survives repayment. Building a claim around a supposed 'Ground 8A' three-episode test will undermine it

Evidence for a discretionary arrears case

Because a pattern of arrears can only be pursued on the discretionary Ground 11 (and Ground 10 for any current arrears), contemporaneous records are essential:

• Rent account statement: a chronological record showing each due date, payment date, amount and running arrears balance, evidencing persistent delay for Ground 11
• Tenancy agreement: confirming the rent due date, amount and frequency
• Demand letters and rent reminders: communications chasing late payment, which corroborate the rent account and show the pattern
• Bank statements: showing actual payment receipts and the dates rent was in fact paid
• Section 8 notice: correctly served on the current prescribed form, citing the real grounds relied on (Ground 8, 10 and 11 as applicable)
• The court weighs reasonableness on the discretionary grounds, so the fuller and more accurate the record, the stronger the case

Practical strategy where arrears keep recurring

If you are dealing with a tenant who repeatedly falls behind, work with the grounds that exist rather than the one that does not:

• Keep a meticulous rent account from the outset, recording every due date and every payment date, so you can evidence persistent delay
• If current arrears reach 3 months (13 weeks), Ground 8 becomes available; serve promptly, but be aware the tenant can defeat it by paying down before the hearing
• Where there is a genuine history of late payment, rely on Ground 11 (persistent delay) as the discretionary route, and cite Ground 10 for any arrears still outstanding
• Do not draft notices, particulars of claim or witness statements around a 'three-occasion test', a 'three-year look-back' or a ground that 'cannot be defeated by repayment'; no such ground exists and relying on it will undermine your claim
• Take advice on borderline cases; the discretionary grounds turn on reasonableness and the quality of your evidence

Frequently asked questions