Rent arrears are the most common reason landlords seek possession. The abolition of Section 21 from 1 May 2026 means there is no fallback — if your tenant stops paying, you must serve a Section 8 notice and take the matter to court. The good news is that Ground 8, where arrears reach 3 months or more, is mandatory: if you prove the ground and the arrears still exist at the hearing date, the judge must grant possession.
This guide covers the notice requirements, the correct grounds to use, what happens at court, and how to protect yourself if the tenant makes a partial payment to avoid the mandatory Ground 8 threshold.
Ground 8 — mandatory rent arrears (3+ months)
Ground 8 of Schedule 2 to the Housing Act 1988 is a mandatory ground. If both conditions are met at both the notice date and the court hearing date, the court must grant possession with no discretion:
- Condition 1: At the date the Section 8 notice is served, the tenant is at least 3 months in arrears (for monthly rent) or 13 weeks in arrears (for weekly rent)
- Condition 2: At the date of the court hearing, the same level of arrears still exists
- Notice period: 4 weeks under the Renters' Rights Act 2025 (previously 2 weeks)
- Critical risk: If the tenant reduces arrears below 3 months before the hearing date, Ground 8 fails. This is why you should also plead Grounds 10 and 11 on the same notice
Ground 10 — any rent in arrears (discretionary)
Ground 10 applies when any rent lawfully due is unpaid — there is no minimum arrears threshold. It is discretionary, meaning the court can grant or refuse possession based on what is reasonable:
- Applies as soon as any rent payment is missed — even one week late
- Notice period: 2 weeks minimum
- The court considers: amount of arrears, reason for non-payment, tenant's payment history, likelihood of future compliance
- Always plead Ground 10 alongside Ground 8 — if arrears drop below 3 months before the hearing, Ground 10 keeps the claim alive (though the court may decline to order possession)
Ground 11 — persistent delay in paying rent (discretionary)
Ground 11 applies where the tenant has persistently delayed paying rent — even if they have not accumulated arrears at the date of service:
- Useful where the tenant habitually pays late (e.g. always 2–3 weeks after the due date) but eventually pays
- Does not require arrears to exist at the date of notice or the hearing
- Notice period: 2 weeks minimum
- The court will look at the payment history over the tenancy — a rent account statement showing repeated late payments is key evidence
Step-by-step: using Section 8 for rent arrears
Follow this sequence exactly — errors at any stage can invalidate the notice:
- Step 1 — Contact the tenant in writing as soon as rent is overdue. Document all communication. This demonstrates you attempted to resolve matters before court action
- Step 2 — Wait for arrears to reach the Ground 8 threshold (3 months) if you want the mandatory ground, OR proceed earlier on Grounds 10/11 if you cannot wait
- Step 3 — Check all compliance documents are current: gas safety record, EICR, EPC, deposit protection, RRA Information Sheet. A Section 8 notice may be invalidated if you have not met these obligations
- Step 4 — Complete prescribed Form 3A (updated for RRA 2025), citing Grounds 8, 10, and 11
- Step 5 — Serve the notice by a permitted method with proof of service
- Step 6 — Wait for the 4-week notice period to expire (Ground 8 period)
- Step 7 — Issue possession claim via PCOL online or Form N5/N119 at court
- Step 8 — Attend the hearing with rent account statement, proof of notice service, and tenancy documents
What to do when the tenant pays just enough to defeat Ground 8
Some tenants are aware of the Ground 8 threshold and make partial payments to keep arrears below 3 months. This is a common tactic. Your options:
- Ground 10 and Ground 11 remain live even if arrears drop — continue the possession claim
- Under Ground 11, a pattern of paying just enough to avoid the threshold is itself evidence of persistent delay
- Keep a detailed rent account statement showing every payment, every due date, and every shortfall
- The court under Ground 10 or 11 may still grant possession if the overall payment history demonstrates the tenant is unreliable — though it retains discretion
- Consider whether a Rent Repayment Order or county court debt judgment for the arrears is a useful parallel action
Pre-action compliance check
A Section 8 notice for rent arrears will be invalid if the following were not in place at the relevant times:
- Deposit protected in an approved scheme within 30 days and Prescribed Information served on tenant
- Current gas safety record (CP12) provided to tenant at move-in and annually
- Current EICR provided to tenant
- EPC (grade E+) provided before tenancy
- How to Rent guide (current edition) served at tenancy commencement
- RRA 2025 Information Sheet served (required for all PATs from 1 May 2026)
- Licence held for the property if required (HMO, selective, or additional)
Frequently asked questions
How much rent arrears do I need before serving a Section 8 notice?+
You can serve a Section 8 notice from the first day rent is overdue — citing Grounds 10 and 11. For the mandatory Ground 8 (which the court must grant), you need arrears of at least 3 months' rent at both the notice date and the hearing date. Most landlords wait for the Ground 8 threshold to be certain of a mandatory possession order, but you can proceed earlier on the discretionary grounds.
What if my tenant pays off some arrears after I serve the notice?+
If the arrears drop below 3 months before the hearing, Ground 8 fails — but Grounds 10 and 11 remain live. This is why you should always cite all three grounds on the same notice. Under Ground 10, the court still has discretion to grant possession even with reduced arrears. Under Ground 11, a pattern of late or partial payments is its own evidence regardless of the current arrears level.
How long does eviction for rent arrears take in 2026?+
From serving the Section 8 notice: 4 weeks notice period (Ground 8) + 4–8 weeks for a court hearing + 14–42 days for the possession order to expire + further time for bailiff enforcement if needed. Total: typically 3–5 months from notice to vacant possession, assuming no complications. Ground 14 (antisocial behaviour) is faster — immediate notice period — but does not apply to rent arrears.
Can I include a claim for the rent debt in the possession proceedings?+
Yes. In the possession claim (Form N5/N119), you can include a money claim for the outstanding rent arrears. The court can grant a possession order AND a money judgment in the same hearing. You can then enforce the debt judgment against the tenant's assets or wages — useful where the tenant has gone into arrears but has income or savings.