Ground 11: Persistent Late Payment
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Ground 11 is a discretionary possession ground for persistent delay in paying rent. It applies when the tenant has a pattern of paying late, whether or not there are current arrears. The court considers the history of late payments.
What is Ground 11?
Ground 11 addresses tenants who persistently pay rent late. Unlike Grounds 8 and 10, you don't need current arrears. If the tenant always pays eventually but never on time, Ground 11 may apply.
What are the requirements?
To use Ground 11:
- Pattern required: Persistent delay in paying rent
- Current arrears: Not required (but may exist)
- Notice period: 2 weeks minimum
- Evidence: Payment history showing late payments
What counts as "persistent"?
There's no legal definition, but courts look at:
- How often payment was late
- How late payments typically were
- How long the pattern has continued
- Whether you've raised concerns previously
Generally, payment being late more often than not over several months establishes a pattern.
Why use Ground 11?
Ground 11 catches the tenant who games Grounds 8 and 10. They may always clear arrears before the 2-month threshold or before hearings, but the constant lateness causes you stress and cash flow problems.
Ground 11 says: even if you're technically not in arrears right now, your payment behaviour is unacceptable.
What evidence do I need?
Build a comprehensive payment history:
- Rent schedule: Due dates vs actual payment dates for each month
- Bank statements: Showing when payments actually cleared
- Correspondence: Chasing emails, texts, letters
- Pattern evidence: Chart or table showing consistent lateness
How does court decide?
Ground 11 is discretionary, so the court weighs reasonableness. Factors include:
- Severity and frequency of delays
- Tenant's reasons for lateness
- Whether tenant could pay on time if they tried
- Impact on you as landlord
- Tenant's overall circumstances
Frequently asked questions
Should I use Ground 11 alone?
Usually no. Use it alongside Grounds 8 and 10 for rent arrears cases. Ground 11 adds strength to your claim by showing this isn't a one-off but a pattern.
What if tenant starts paying on time after I serve notice?
Recent improvement helps the tenant's case but doesn't erase history. The court can still consider the persistent pattern. However, it may make the court less likely to grant possession.
Managing this yourself?
LandlordOS helps UK landlords stay compliant and organised:
- Automatic compliance reminders for Gas Safety, EICR, EPC
- Document storage with AI-powered certificate reading
- Tenancy tracking and rent management
LandlordOS tip
Document late payments from day one. Even if you don't plan to evict, keeping records gives you options. A spreadsheet with due dates and actual payment dates takes seconds to maintain and could be crucial evidence later.