Rent arrears: Ground 8 vs Grounds 10 and 11

The short answer

Ground 8 is a mandatory ground: it applies only if at least three months’ rent (monthly tenancies) or 13 weeks’ rent (weekly or fortnightly tenancies) is unpaid both when you serve the notice and at the court hearing. Grounds 10 and 11 are discretionary: Ground 10 covers any unpaid rent, and Ground 11 covers persistent late payment, but the court must consider possession reasonable. All three carry a four-week notice period on Form 3A, so landlords often use them together.

This guide compares the three grounds, works through the Ground 8 threshold with real figures, and explains how Breathing Space and Universal Credit delays affect them. It is general information for landlords in England, not legal advice.

The three grounds compared

Ground 8 in detail

The threshold

The arrears must be at or above the threshold at two points: the date you serve the notice and the date of the hearing. If the tenant reduces the arrears below the threshold before the hearing, possession cannot be granted on Ground 8.

Worked example 1: the threshold in pounds

Note that the weekly and fortnightly examples come to the same figure, because £460 per fortnight is the same as £230 per week.

Universal Credit payment delays

Arrears caused by delays in receiving Universal Credit or other benefits are ignored when working out whether the Ground 8 threshold is met.

For example, take a rent of £1,100 per month and £3,300 unpaid. If £1,100 of that is only unpaid because of a Universal Credit payment delay, that part is ignored for Ground 8. Only £2,200 counts, which is below the £3,300 threshold. Ground 8 would not apply, although Grounds 10 and 11 may still be relevant.

Grounds 10 and 11 in detail

Ground 10 (any rent arrears) can be used if the tenant owes any amount of rent. Some rent must be unpaid on the day you begin court proceedings, and the rent must have been in arrears when you served the notice.

Ground 11 (persistent arrears) can be used if the tenant has repeatedly delayed paying rent. It can apply whether or not any rent is unpaid when you start proceedings. A clear record of late payments, with dates, is the key evidence.

For both grounds, possession can only be granted if the court considers it reasonable in the circumstances.

Why landlords use all three together

Ground 8 gives certainty if the arrears stay above the threshold. But a tenant may pay part of the arrears before the hearing. If that brings the arrears below the threshold, Ground 8 falls away.

Including Grounds 10 and 11 in the same notice means the court can still consider possession on those grounds. Because all three have the same four-week notice period, adding them does not delay your earliest court date.

Worked example 2: a monthly tenancy from first missed payment to notice

• Rent is £1,100 per month, due on the 1st.
• The tenant does not pay on 1 August, 1 September or 1 October 2026.
• You send stage 1 and stage 2 rent arrears letters in August and September, and offer to discuss a repayment plan. There is no response.

On 5 October, £3,300 is unpaid. That meets the Ground 8 threshold of £3,300 exactly (“at least three months’ rent”).

Now suppose that by the hearing the tenant has made payments and £2,900 is unpaid. That is below £3,300, so Ground 8 fails. Ground 10 still applies, because rent is unpaid, and Ground 11 may apply because of the history of missed payments. The court will decide whether possession is reasonable on those grounds.

Breathing Space

Breathing Space, under the Debt Respite Scheme, gives a tenant in problem debt a temporary pause on creditor enforcement action while they get debt advice.

• You cannot serve a possession notice on rent arrears grounds (8, 10 or 11) while the tenant is in a Breathing Space.
• A standard Breathing Space lasts up to 60 days.
• During it, speak to the tenant’s debt adviser instead of contacting the tenant directly about the rent owed.
• Breathing Space is not a payment holiday. The tenant should still pay ongoing rent as it falls due.
• If a tenant enters a Breathing Space after you have served Form 3A, the 12-month life of the notice may be extended.

If you think a tenant may be in a Breathing Space, check before you serve.

Before you serve: try to resolve the arrears

Courts expect landlords to try to resolve arrears before seeking possession. A clear sequence of letters is useful evidence if you later go to court. A typical approach:

1. Stage 1 letter soon after a missed payment: a friendly reminder with the amount owed.
2. Stage 2 letter if the arrears continue: set out the arrears, offer to agree a repayment plan, and point the tenant to free debt advice.
3. Stage 3 letter before serving a notice: a final request, explaining that you may serve a Section 8 notice.

Keep a running rent statement showing each due date, each payment and the balance.

Evidence to keep

Whichever grounds you use, the court will want to see clear records. Keep:

• A rent statement showing each due date, the amount due, each payment received and the running balance.
• Copies of every arrears letter, with the date and how you sent it.
• Notes of conversations about the arrears, including any repayment plan offered or agreed.
• Any information about benefits, such as Universal Credit, so you can show which arrears (if any) are due to payment delays.
• Your Form 3A and proof of service, such as a certificate of posting or form N215.
• Any Breathing Space notification, with the dates it started and ended.

For Ground 11, the pattern matters more than the balance. A statement showing rent paid late month after month is stronger evidence than a general description.

Frequently asked questions

Can I use Ground 8 if the tenant owes exactly three months’ rent?

Yes. The threshold is at least three months’ rent for a monthly tenancy, so exactly three months meets it, as long as the arrears are still at that level at the hearing.

What happens if the tenant pays off some arrears before the hearing?

If the arrears drop below the threshold, the court cannot grant possession on Ground 8. It can still consider Grounds 10 and 11 if you included them.

Do Universal Credit delays count towards Ground 8?

No. Arrears caused by delays in receiving Universal Credit or other benefits are ignored for Ground 8.

Can I use Ground 11 if the tenant is now up to date?

Ground 11 can apply whether or not rent is unpaid when proceedings begin, if the tenant has persistently delayed paying rent. The court must find possession reasonable.

How much notice do I give for rent arrears?

Four weeks for each of Grounds 8, 10 and 11. If you add a ground with a longer notice period, you wait for the longest. See Section 8 notice periods for every ground.

Can I serve a notice while the tenant is in a Breathing Space?

Not on rent arrears grounds. Wait until the Breathing Space ends.

Should I write the arrears amount in the notice?

Explain in question 4.3 why each ground applies, with dates and amounts, and keep a rent statement to support it. See how to fill in Form 3A.

Next steps

• Send a clear rent arrears letter at stage 1, 2 or 3.
• If the arrears continue, create a Section 8 notice (Form 3A). It checks your figures against the Ground 8 threshold.
• Plan service and proof with how to serve a notice.

Possession claims for rent arrears are high-stakes: speak to a solicitor if the arrears are disputed, and tenants can get free advice from Shelter.