Ground 10: Some Rent Arrears (Discretionary)
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Ground 10 is a discretionary possession ground for rent arrears. It requires some rent to be owing both when you serve notice and at the court hearing. Unlike Ground 8, there's no minimum amount, but the court decides if eviction is reasonable.
What is Ground 10?
Ground 10 applies when any rent is lawfully due and unpaid at two points: when you serve the Section 8 notice, and when the court hearing takes place. It's more flexible than Ground 8 because there's no 2-month minimum.
What are the requirements?
To use Ground 10:
- At notice service: Some rent must be unpaid
- At court hearing: Some rent must still be unpaid
- Notice period: 2 weeks minimum
The amount can be small—even one month or less. But because it's discretionary, the court weighs whether eviction is reasonable given the circumstances.
Why is Ground 10 discretionary?
Parliament made Ground 10 discretionary to give courts flexibility. For smaller arrears, eviction may be disproportionate. The court considers factors like:
- How much is owed
- Tenant's payment history
- Reasons for arrears
- Whether tenant can pay going forward
- Hardship to tenant if evicted
- Landlord's need for possession
How is Ground 10 different from Ground 8?
Key differences:
| Aspect | Ground 8 | Ground 10 |
|---|---|---|
| Type | Mandatory | Discretionary |
| Arrears required | 2+ months | Any amount |
| If proved | Court must grant | Court may grant |
| Notice period | 2 weeks | 2 weeks |
Why use Ground 10 as backup?
Ground 10 is your safety net. If you serve notice citing Ground 8 for 2 months arrears, the tenant might pay down just enough to drop below 2 months before the hearing. Ground 8 then fails.
But if you also cited Ground 10, you can still proceed—even with reduced arrears, the discretionary ground remains viable.
What evidence do I need?
Prepare:
- Rent schedule showing payments and arrears
- Tenancy agreement confirming rent amount and due date
- Bank statements showing rent received
- Calculation of arrears at notice date
- Updated calculation for hearing date
- History of any payment issues
Frequently asked questions
Can I use Ground 10 alone?
Yes, but if arrears are 2+ months, include Ground 8 too. Use Ground 10 alone only for smaller arrears or as part of a multi-ground approach.
What if tenant pays everything before hearing?
If arrears are cleared completely before the hearing, Ground 10 fails (no rent is unpaid). However, courts sometimes consider the pattern of behaviour—especially if combined with Ground 11 for persistent late payment.
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LandlordOS tip
Always include Ground 10 when citing Ground 8 for rent arrears. It costs nothing extra and protects you against the "pay down to below 2 months" defence. Belt and braces.