The three rent grounds at a glance
| Ground | What it covers | Type | Notice |
|---|---|---|---|
| Ground 8 | At least 3 months’ rent owed (13 weeks if paid weekly or fortnightly) when the notice is served and at the hearing | Mandatory | 4 weeks |
| Ground 10 | Some rent owed when the notice is served and when court action starts. No minimum amount | Discretionary | 4 weeks |
| Ground 11 | Rent persistently paid late, even if nothing is owed at the hearing | Discretionary | 4 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
- Shelter England (legal): mandatory grounds from 1 May 2026 (checked 18 Oct 2026)
- Shelter England (legal): discretionary grounds from 1 May 2026 (checked 18 Oct 2026)
- Shelter England: how much notice a landlord must give (checked 18 Oct 2026)
- Civil Procedure Rules: Practice Direction 55A (checked 18 Oct 2026)
- NRLA: Section 8 where your tenant is in arrears (July 2026) (checked 18 Oct 2026)
- GOV.UK: tenancy deposit protection, disputes and returns (checked 18 Oct 2026)