Section 8
Section 8 Ground 8: Serious Rent Arrears After the Renters' Rights Act
With Section 21 gone, rent arrears is now the most-used route to possession — and the ground most landlords rely on changed significantly on 1 May 2026. Ground 8 (serious rent arrears) is still mandatory, meaning the court must grant possession if you prove it. But the threshold moved, the notice period doubled, and there's a trap in the timing that catches landlords out. Here's how it works now.
What Ground 8 requires today
| Element | The rule since 1 May 2026 |
|---|---|
| Arrears threshold | At least 3 months' rent unpaid (or 13 weeks where rent is paid weekly or fortnightly) — up from 2 months before the Act |
| Two-point test | The 3-month threshold must be met both when the notice is served and at the date of the court hearing |
| Notice period | 4 weeks (doubled from 2 weeks) |
| Type | Mandatory — if proved, the court must grant possession |
| Universal Credit | Arrears caused solely by delayed Universal Credit housing payments don't count toward the threshold |
The notice itself goes on the official Form 3A (the Section 8 notice form), served on every named tenant with proof of service kept.
The trap: the threshold has to survive until the hearing
This is the part that loses cases. Ground 8's two-point test means the arrears must still be at or above 3 months on the hearing date — which is typically weeks or months after you serve the notice. If the tenant pays down just enough to dip under the 3-month line before the hearing — a move that happens more often than you'd expect — the mandatory ground evaporates. Same arrears history, worse outcome, and you're back to arguing discretion.
Two practical consequences follow. First, don't touch the deposit before serving the notice: applying the deposit to the arrears can itself pull the balance below the threshold and destroy your own mandatory ground. Serve first, deal with the deposit after. Second, always plead backup grounds (below).
Grounds 10 and 11: the backup stapled underneath
Experienced landlords never serve Ground 8 alone. Underneath it go:
- Ground 10 — some rent arrears, any amount, outstanding at notice and hearing. Discretionary, 4 weeks' notice.
- Ground 11 — persistent delay in paying rent, even if the tenant is currently paid up. Discretionary, 4 weeks' notice.
If a last-minute payment knocks out Ground 8, Grounds 10 and 11 keep you in court arguing that possession is reasonable — which is a far better position than starting over. Pleading all three costs nothing extra on the form.
Evidence: the rent ledger wins cases
Arrears claims live or die on bookkeeping. From the first missed payment — long before you're thinking about possession — keep:
- A running rent ledger: every due date, every payment received, every missed payment, the running balance. Reconstructing this at the possession stage invites errors a judge will spot.
- Copies of all communications about the arrears: your reminders, any repayment plan offered, the tenant's responses.
- A record of any Universal Credit position, since benefit-delayed arrears are disregarded.
- Proof of service of the Section 8 notice itself — date, method, and evidence for each named tenant.
Also check your compliance foundations before serving: deposit protected within 30 days with prescribed information served, gas/EICR/EPC in order, and — from December 2026 — PRS database registration complete. A possession claim built on shaky compliance invites defences you don't need.
Realistic timeline
Even a clean, uncontested Ground 8 claim takes months: the 4-week notice period, issuing the claim, a hearing listed several weeks out, the possession order (usually 14–28 days to vacate), and a warrant for bailiffs if the tenant still doesn't leave. Budget for four to six months from serving the notice to getting the property back — longer if the tenant defends or your paperwork has gaps. Arrears rarely stop accruing while you wait, which is why acting at the 3-month mark rather than the 6-month mark matters.
When to get advice: if arrears involve Universal Credit complications, a tenant defence, or counterclaims (disrepair is the classic one), speak to a solicitor before serving. This guide explains the mechanics; it can't assess your specific case.
Arrive at your solicitor with the paperwork done
The Landlord Compliance Pack (£12.99) includes a Section 8 ground-picker, rent-arrears tracker, and proof-of-service records — the evidence file that turns an arrears problem into a winnable claim.
See the pack — £12.99Not legal advice. This guide is general information for private landlords in England, written in October 2026. It is not legal advice and does not create a solicitor–client relationship. Possession law is technical and fact-specific — check GOV.UK guidance and take professional advice before serving any notice. Thresholds and notice periods reflect the position as of October 2026; verify the current prescribed periods on GOV.UK.