Ground 8: Rent Arrears Eviction Threshold
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Ground 8 is a mandatory possession ground for serious rent arrears. Currently, the tenant must owe at least 2 months' rent at BOTH when you serve notice AND at the court hearing. From 1 May 2026, this increases to 3 months under the Renters' Rights Act. The court must grant possession if proved.
What is Ground 8?
Ground 8 is the main mandatory ground for rent arrears. "Mandatory" means the court has no discretion—if you prove the arrears, possession must be granted.
What are the requirements for Ground 8?
The tenant must owe rent above the threshold at two specific points: when you serve the notice AND when the court hearing takes place. The threshold differs depending on when you act.
| Requirement | Before 1 May 2026 | From 1 May 2026 |
|---|---|---|
| Arrears at notice service | 2+ months owing | 3+ months owing |
| Arrears at court hearing | Still 2+ months owing | Still 3+ months owing |
| Notice period | 2 weeks minimum | 2 weeks minimum |
| Court outcome if proved | Must grant possession | Must grant possession |
The Renters' Rights Act change: what landlords must understand
From 1 May 2026, the Renters' Rights Act 2025 increases the Ground 8 threshold from 2 months to 3 months. This applies to both the notice date and the court hearing date.
The most significant practical change is the hearing-day rule. The tenant must still owe 3 months' arrears on the actual day of the court hearing—not just when you served notice. This has always been the case with Ground 8, but the higher threshold makes it considerably harder to maintain.
What this means in practice
If you serve notice when your tenant owes exactly 3 months' arrears, and they pay off even one month's worth before the hearing, Ground 8 fails. The tenant does not need to clear the debt—they just need to get below the 3-month threshold.
Given that court hearings typically occur 6-8 weeks after filing your claim (and the 2-week notice period before that), a tenant has approximately 2-3 months to pay down enough to defeat Ground 8. With a higher threshold to maintain, this becomes a more viable tactic for tenants.
Strategy implications
- Act earlier: Serve notice as soon as arrears reach 3 months—do not wait for further accumulation, as this gives the court date more buffer
- Always include Ground 10: Ground 10 (any arrears) and Ground 11 (persistent late payment) remain as discretionary backup if Ground 8 fails at the hearing
- Updated figures for court: Bring an arrears statement showing the current balance on the hearing date, not just the notice date
- Document partial payments: If the tenant makes strategic payments before the hearing, document the pattern—this supports Ground 11 (persistent late payment)
Why must arrears exist at two points?
Parliament designed Ground 8 this way to give tenants a chance to pay. If the tenant reduces arrears below the threshold before the hearing, Ground 8 fails—even if they owed more when you served the notice.
This is why you should always include Ground 10 as backup. Ground 10 is discretionary but works even if arrears drop below 3 months (from 1 May 2026).
What happens if tenant pays down arrears?
If arrears drop below the threshold before the court hearing, Ground 8 fails. The tenant doesn't need to clear the debt—just get it under the threshold (3 months from 1 May 2026; 2 months before that date).
This is a common defence tactic. Tenants often pay just enough, just before the hearing. With the higher threshold introduced by the Renters' Rights Act, tenants have more room to manoeuvre—they need to reduce arrears by more, but the threshold is also higher, meaning they may already be closer to it.
Should I use Ground 8 alone?
No. Always combine Ground 8 with Ground 10 (any arrears) and Ground 11 (persistent late payment). This gives you backup if Ground 8 fails due to the tenant paying down. This is especially important after 1 May 2026, when the higher threshold makes it easier for tenants to defeat Ground 8.
Frequently asked questions
When does the 3-month threshold come into force?
From 1 May 2026, when Section 21 is also abolished under the Renters' Rights Act 2025. Cases where notice was served before 1 May 2026 may be subject to the old 2-month threshold—check with a solicitor if you are in that transitional position.
How is the threshold calculated?
For monthly rent: 2 months' worth before 1 May 2026, and 3 months' worth from that date. For weekly rent, it is 8 weeks (before) or 13 weeks (from 1 May 2026). The arrears are calculated on lawful rent only—not including any disputed charges.
What if the tenant pays down to 2.5 months before the hearing?
From 1 May 2026, Ground 8 fails. The tenant needs to owe 3 full months on the hearing day. 2.5 months is below the threshold. You would need to rely on Ground 10 or Ground 11 as discretionary grounds—the judge then decides whether to grant possession.
Does the hearing-day requirement apply to the new 3-month threshold?
Yes. The hearing-day rule applies regardless of threshold. The tenant must owe 3+ months both at notice service AND at the court hearing. If arrears are 3 months at notice but 2.8 months by the hearing date, Ground 8 fails under the new rules.
What evidence do I need?
Rent statements, bank records showing payments received, tenancy agreement showing rent amount, and a calculation showing the threshold is met at both relevant dates. For hearings after 1 May 2026, bring an updated arrears figure as of the hearing date itself.
Does Ground 10 or Ground 11 change under the Renters' Rights Act?
Ground 10 (some rent unpaid at notice and hearing) and Ground 11 (persistent late payment) remain as discretionary grounds. Judges have always had more discretion under these grounds, and the Renters' Rights Act may increase judicial scrutiny of all possession cases. Always present your case thoroughly with full evidence of the arrears history.
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LandlordOS tip
From 1 May 2026, calculate arrears carefully for both dates with the new 3-month threshold in mind. Bring updated figures to court—arrears on the notice date AND the current balance on the hearing date. Judges appreciate precision, and the hearing-day figure is what determines whether Ground 8 succeeds or fails.