The tenant says they will pay before the hearing
How partial payments affect your Ground 8 claim.
Ground 8 (substantial rent arrears) is mandatory: if the threshold is met both at the date of the notice and at the hearing, the court must grant possession. If the tenant clears the arrears below the threshold by the date of the hearing, Ground 8 fails.
This matters because Ground 8 is the only mandatory rent-arrears ground. Grounds 10 and 11 are discretionary: the court can grant possession but does not have to.
The threshold at the hearing matters
Under the RRA, Ground 8 requires three months' arrears at both the notice date and the hearing date. If the tenant pays £1 below three months by the hearing, Ground 8 falls away.
Always cite Grounds 10 and 11 alongside Ground 8
Grounds 10 (any arrears at notice and at proceedings) and 11 (persistent late payment) are discretionary fallbacks. If Ground 8 fails because arrears drop, you still have a case under 10 and 11. The judge weighs reasonableness.
Should you accept partial payments?
Accept them, but record them as a contribution to arrears, not as a fresh tenancy. Do not give the tenant a receipt that suggests the arrears are settled when they are not. Keep the rent ledger updated.
If the tenant clears arrears in full
The mandatory ground is gone. If the tenant has a long history of late payment, you can still pursue Ground 11 (persistent late payment) on a discretionary basis. The court weighs whether eviction is reasonable given the pattern.
Common mistakes
- Citing only Ground 8 and being left with nothing when the tenant pays just enough.
- Refusing partial payments out of frustration. The court will view that as unreasonable.
- Withdrawing the notice when the tenant promises to pay. If they default again, you must start the notice clock over.
Source: gov.uk Guide to the Renters' Rights Act 2025. Last verified 2026-05-09. This page is informational, not legal advice. For complex disputes, consult a solicitor.