Section 8 Rent Arrears Eviction in England: Grounds 8, 10 and 11 in 2026

When rent stops arriving, the first useful step is an accurate rent account. Under the rules in force from 1 May 2026, landlords also need to check the revised possession grounds and use the current notice form.

Which rent arrears ground applies?

Ground 8 is a mandatory ground where the statutory conditions are proved. For rent payable monthly, the tenant must owe at least three months’ rent both when notice is served and at the hearing. For weekly or fortnightly rent, the threshold is 13 weeks’ rent. The notice period is four weeks. If arrears fall below the threshold by the hearing, Ground 8 will not establish possession. GOV.UK

Ground 10 concerns rent arrears below the Ground 8 threshold, while Ground 11 concerns persistent delay in paying rent. Both are discretionary: the court decides whether possession is reasonable. Each has a four-week notice period under the current government guidance. A landlord may need to consider more than one ground, depending on the payment history. GOV.UK

What evidence should landlords retain?

Maintain a dated rent schedule showing every sum due, payment received and running balance. Retain bank records, the tenancy agreement, correspondence about arrears and any payment proposals. Reconcile the figures immediately before serving notice and again before the hearing; a payment can change whether Ground 8 remains available.

For notices served under the current private renting rules, use Form 3A, rather than an old private sector Form 3 template. Read the government’s possession grounds guidance when selecting grounds and calculating notice. GOV.UK

Dealing with unpaid rent? Join the British Landlords Association to see the membership and landlord support available.

This article is general information. Check the tenancy, rent schedule and notice before taking action.