Property Clues
Open my toolkitMy toolkit
Rent arrearsRent Arrears Tracker

Tenant not paying rent? Grounds 8, 10 and 11 explained for 2026

Rent arrears are the most common reason landlords go to court. Since 1 May 2026 that route runs through three Section 8 grounds. Knowing how they fit together, and keeping the right record from the first missed payment, makes a real difference.

The three rent grounds at a glance

GroundWhat it coversTypeNotice
Ground 8At least 3 months’ rent owed (13 weeks if paid weekly or fortnightly) when the notice is served and at the hearingMandatory4 weeks
Ground 10Some rent owed when the notice is served and when court action starts. No minimum amountDiscretionary4 weeks
Ground 11Rent persistently paid late, even if nothing is owed at the hearingDiscretionary4 weeks

Why landlords usually use all three together

Ground 8 is mandatory, so if it is proved the court must make an order, but it cannot be used if the tenant pays the arrears down below the threshold before the hearing. Grounds 10 and 11 do not have that problem, though the court then has to think possession is reasonable. Serving all three is common practice for that reason.

Worked example of the Ground 8 test

Rent is £850 a month, so the Ground 8 threshold is £850 × 3 = £2,550. The tenant owes £2,975, so on these figures the arrears are above the threshold today. If £400 of that is only because the tenant’s Universal Credit has not been paid yet, it is left out: £2,575 is still above it, but only just. A single payment before the hearing could take it below.

The record the court expects

A possession claim for rent arrears needs a schedule of payments with a running total, normally covering the two years before the claim is issued. Build it as you go: every date rent fell due, every payment received, the running balance. Add copies of the letters or messages asking for payment, and a note of whether the tenant receives Universal Credit.

Before you serve a notice

Check the deposit was protected and the prescribed information given, every tenant is named, and you know the earliest date that can go in the notice. Then take your records to a solicitor.

Questions landlords ask

How many months’ rent arrears before I can evict?

Ground 8, the mandatory ground, needs at least three months’ rent (or 13 weeks if paid weekly or fortnightly) owed when the notice is served and at the hearing. Ground 10 has no minimum amount, but the court must think possession is reasonable.

Does Universal Credit affect Ground 8?

Yes. Arrears that exist only because a tenant’s Universal Credit has not yet been paid are left out when working out the Ground 8 threshold.

What if the tenant pays some arrears before the hearing?

If the arrears fall below the Ground 8 threshold, Ground 8 cannot be used. Grounds 10 and 11 may still apply, which is why they are commonly served together.

What rent records does the court want?

A schedule of rent due and payments made with a running balance, normally for the two years before the claim, as set out in Practice Direction 55A.

Can I serve a Section 8 notice if the tenant owes less than 3 months’ rent?

Grounds 10 and 11 have no minimum amount and a minimum notice period of 4 weeks. They are discretionary, so the court also has to think possession is reasonable.

Can the tenant counterclaim, for example for disrepair?

Yes. The NRLA notes a tenant may try to set off money they say the landlord owes them, such as compensation for disrepair, against the rent arrears.

Is a rent schedule sent with the notice?

The court claim needs a rent schedule, usually covering the two years before the claim (Practice Direction 55A). The NRLA says landlords commonly send one with the notice too, with a covering letter.

Can the deposit cover unpaid rent?

Unpaid rent can be one of the deductions at the end of the tenancy, if the tenant agrees or the deposit scheme’s adjudicator decides it is owed. While the tenancy continues, the deposit stays protected in the scheme.

Sources

Try the tool

Rent Arrears Tracker

Log rent as it arrives and see a dated running balance for every tenancy: the rent schedule a possession claim usually needs. Part of the Property Clues toolkit of educational UK property calculators and trackers. Pay once, use in your browser.

Also useful

Section 8 Eviction & Possession Checklist

See how the Section 8 grounds usually work after Section 21 ended, work through the Ground 8 arrears figures and key dates, and gather the evidence a solicitor would ask for, with dates you can show later. Part of the Property Clues toolkit of educational UK property calculators and trackers. Pay once, use in your browser.

Free tool

Renters’ Rights Act Checklist

The renting duties that apply to a property in each UK nation, as dated tasks you can tick off. Free to use in your browser, no sign-up.

Educational guidance only. Not legal, financial or tax advice. This covers private tenancies in England; Wales and Scotland have different rules. Rules change: check GOV.UK and speak to a solicitor before serving any notice. © 2026 Property Clues.

More guides