Rent arrears possession grounds: Ground 8, Ground 10 and Ground 11 explained

Ground 8 is mandatory and needs three months (or 13 weeks) of arrears at notice and at the hearing. Grounds 10 and 11 are discretionary. Here is what MHCLG's guidance actually says.

If a tenant in England is in rent arrears, MHCLG's possession guidance sets out three grounds that can apply.

Ground 8 — rent arrears (mandatory)

The guidance states that Ground 8 applies where the tenant owes at least 3 months' rent where rent is paid monthly, or at least 13 weeks' rent where rent is paid weekly or fortnightly.

Under that guidance the arrears must be at that level both when you give notice and at the date of the hearing. It also states that if the tenant pays enough to fall below that level before the hearing, they cannot be evicted under this ground.

MHCLG also states that where the tenant is at that level of arrears because they have not received their Universal Credit, you will not be able to evict them — benefits are not counted when a tenant owes rent.

Notice period: 4 weeks before you can apply to the court for a possession order.

The guidance lists Ground 8 as a mandatory ground.

Ground 10 — any rent arrears (discretionary)

Ground 10, as described in the guidance, covers rent that is unpaid when notice is given and when proceedings begin. It is discretionary: you will only get a possession order if the court believes it is reasonable.

Notice period: 4 weeks.

Ground 11 — persistent arrears (discretionary)

Ground 11, as described in the guidance, is persistent delay in paying rent, whether or not the rent is in arrears when proceedings begin.

Notice period: 4 weeks.

Points that apply to all possession claims

• The court cannot make a possession order if the tenant's deposit was not protected in a government-approved tenancy deposit scheme.
• For discretionary grounds, the court weighs reasonableness even where there is evidence against the tenant.

What this means in practice

For Ground 8 you need to be able to show the arrears position on the exact date of service and on the hearing date, which means dated entries rather than a running balance you reconstruct later. For Grounds 10 and 11, the pattern of late payment over time is what the court looks at, so keep the history rather than only the current figure.

Check the arrears figure against the guidance before serving anything — a Ground 8 notice served when the tenant is a few pounds short of the threshold does not work.

This is general information about published government guidance, not legal advice.

Sources: - GOV.UK - Grounds for possession: guidance for landlords and letting agents: https://www.gov.uk/government/publications/grounds-for-possession-guidance-for-landlords-and-letting-agents/grounds-for-possession-guidance-for-landlords-and-letting-agents - Housing Act 1988, Schedule 2: https://www.legislation.gov.uk/ukpga/1988/50/schedule/2 - Renters Rights Act 2025: https://www.legislation.gov.uk/ukpga/2025/26

Published: 2026-08-24.

Last reviewed: 2026-08-30.

General summary; not legal advice.