Ground 8: Rent arrears of 3 months or more
The mandatory rent-arrears ground, with the new higher threshold and notice period under the Renters' Rights Act.
Ground 8 is the most-used ground for possession in the country. From 1 May 2026 the threshold rose from 2 months to 3 months of rent arrears, and the notice period rose from 2 weeks to 4 weeks. Both were tightened in favour of tenants.
If proven, Ground 8 is mandatory: the court must grant possession. But the arrears must still exist at the date of the hearing, not only at the date of the notice.
What you need
- At least 3 months of rent arrears at the date you serve the notice (or 13 weeks if rent is paid weekly or fortnightly).
- At least 3 months of rent arrears still owing at the date of the hearing.
- A correctly completed Form 3A citing Ground 8.
- Properly protected deposit (registered with a UK government-approved scheme) before serving notice.
Why the threshold changed
The Renters' Rights Act 2025 raised the mandatory arrears threshold to give tenants more time to clear short-term shortfalls before facing automatic eviction. Government policy framing argues this targets persistent non-payment rather than one-off problems.
Belt and braces: combining grounds
Standard practice is to serve a single Form 3A citing Grounds 8, 10 and 11. If the arrears reach 3 months at the hearing, you get mandatory possession. If not, the discretionary grounds give the court a path to grant possession anyway.
Common mistakes
- Arrears that drop below the 3-month threshold by the hearing date cancel the mandatory route. The court can still grant possession on Ground 10 or 11 (discretionary) but only if you also cited those grounds on the notice.
- Always cite Grounds 8, 10 and 11 together so a judge has fallback options if the arrears change.
- Universal Credit housing payments not yet received by the tenant are excluded from the arrears calculation.
- Failing to protect the deposit blocks possession under Ground 8 entirely.
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.