Grounds 8, 10 and 11: rent arrears explained

Rent arrears is one of the most common reasons landlords seek possession, but there isn't just one ground that covers it — there are three, and which one applies depends on how much is owed and the tenant's payment history.

Ground 8 — the mandatory threshold

Mandatory

Ground 8 applies when a tenant owes at least 3 months' rent (for monthly tenancies) or 13 weeks' rent (for weekly or fortnightly tenancies). This threshold has to be met both on the day notice is given and at the date of the court hearing — if the tenant pays enough off in between to drop below the threshold, the ground can fall away entirely, regardless of how much was owed when notice was served.

One important exception: arrears caused solely by a delay in receiving Universal Credit or another benefit payment don't count toward this ground.

Ground 10 — arrears below the threshold

Discretionary

If a tenant owes rent but not enough to meet the Ground 8 threshold, Ground 10 is the fallback. Unlike Ground 8, proving the arrears exist doesn't guarantee possession — the court decides whether it's reasonable to grant it, taking into account things like how the arrears arose and whether the tenant has been making an effort to pay them down.

Ground 11 — a pattern of late payment

Discretionary

Ground 11 is different from the other two in an important way: it's not really about how much is currently owed, but about a pattern of persistently paying late, even if the tenant is caught up or close to it by the time of the hearing. This is useful where a tenant reliably pays just enough, just late enough, to avoid ever crossing the Ground 8 threshold, but the ongoing pattern is still a real problem for the landlord.

Using more than one at once

It's common — and permitted — to rely on Ground 8 alongside Ground 10 and/or Ground 11 in the same case. This gives the court a discretionary option to fall back on if the mandatory Ground 8 threshold isn't met at the hearing, for example because the tenant has paid some arrears down in the meantime.