How to Evict for Rent Arrears (Section 8, Ground 8) — Post-RRA Rules

Step-by-step guide to evicting an assured periodic tenant for rent arrears in England under the Renters' Rights Act 2025: 3-month / 13-week Ground 8 threshold and 4 weeks' notice.

Summary

From 1 May 2026, Ground 8 needs 3 months' arrears (or 13 weeks for weekly-rent tenancies) at both notice and hearing, with 4 weeks' notice. Grounds 10 and 11 remain discretionary fall-backs.

Quick answer

Yes, but only via a Section 8 notice. Ground 8 is mandatory once arrears reach 3 months (or 13 weeks for weekly tenancies) both at notice and hearing, with 4 weeks' notice. Always also plead Grounds 10 and 11 as discretionary fall-backs.

Introduction

The Renters' Rights Act 2025 substantially changed Ground 8. From 1 May 2026 the mandatory rent-arrears threshold doubled to 3 months (or 13 weeks for weekly tenancies) and the notice period extended to 4 weeks. There is also a stronger Universal Credit defence. Here's the correct process for an assured periodic tenancy in England.

Steps

1. Check arrears against the new Ground 8 threshold — From 1 May 2026, Ground 8 needs at least 3 months' rent unpaid (monthly tenancies) or 13 weeks (weekly). The arrears must exist BOTH on the date you serve the notice AND on the date of the court hearing. A tenant paying below the threshold before the hearing defeats Ground 8 — but discretionary Grounds 10 and 11 can still succeed.

2. Apply the Universal Credit defence carefully — The RRA strengthens the Universal Credit / Housing Benefit defence: where the arrears are caused or contributed to by a delayed UC housing-element payment, the court must take that into account before granting possession. Document your communications and signpost the tenant to the local authority and DWP. Engagement evidence helps your claim even where the defence is raised.

3. Document pre-action steps and vulnerability awareness — Show what you've done to engage: arrears letters, payment plans offered, signposting to Citizens Advice, StepChange and the local council homelessness team. Courts expect proportionate engagement — particularly where vulnerability is in play.

4. Complete Form 3A (Section 8) with Grounds 8, 10 and 11 — Use the current prescribed Form 3A from GOV.UK. Tick Grounds 8, 10 and 11 together so the discretionary grounds remain live if Ground 8 fails at hearing. The new Ground 8 notice period is 4 weeks. Set out the up-to-date arrears breakdown precisely — courts dismiss notices with arrears errors.

5. Serve the notice and keep proof — Hand-deliver or first-class post with certificate of posting. Photograph the signed notice, the envelope and the post-office receipt. Email service only works if the tenancy permits it AND the tenant has consented (the new e-service consent regime applies).

6. Issue possession proceedings on Form N5 + N119 — After the notice expires, file the standard possession claim (Form N5 plus particulars of claim N119) at the County Court covering the property. Include the up-to-date arrears statement and your pre-action engagement evidence.

7. Attend the hearing prepared — Bring: tenancy agreement, deposit protection certificate + prescribed information, full rent ledger, copy of the Section 8 notice with proof of service, gas safety certificate, EPC, evidence the tenancy information sheet was served (or, for tenancies starting before 1 May 2026, the How to Rent guide then in force), PRS Database registration evidence, and engagement letters. The judge will check Ground 8 is still met on the hearing date.

Common pitfalls

• Using the pre-1-May-2026 2-months / 2-weeks Ground 8 figures — they no longer apply.
• Miscalculating the arrears figure — even small errors have dismissed claims.
• Not engaging on a Universal Credit payment issue — the strengthened UC defence can defeat Ground 8.
• Failing to register on the PRS Database — Section 8 cannot proceed for an unregistered let.

FAQ

What's the new Ground 8 arrears threshold from 1 May 2026? 3 months' rent unpaid for monthly tenancies, or 13 weeks for weekly tenancies. The arrears must exist on the date the notice is served AND the date of the court hearing. Notice period is 4 weeks (previously 2 weeks).

Can I still use Section 21 if the tenant is in arrears? No. Section 21 was abolished on 1 May 2026. Arrears possession is via Section 8 only — Grounds 8 (mandatory, 3+ months), 10 (some arrears, discretionary) and 11 (persistent late payment, discretionary). Plead all three together.

How long does a Section 8 eviction take in 2026? Typically 4–8 months from serving notice to bailiff appointment, depending on local court backlog and whether the Universal Credit defence is raised. The longer Ground 8 notice period (4 weeks) and increased contested defences add a few weeks compared with the pre-RRA position.

References: - GOV.UK — Guide to the Renters' Rights Act — https://www.gov.uk/government/publications/guide-to-the-renters-rights-act/guide-to-the-renters-rights-act - Shelter Legal — Ground 8 possession — https://england.shelter.org.uk/professional_resources/legal/possession_and_eviction/grounds_for_possession/ground_8_possession - Civil Procedure Rules — Part 55 — https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part55