Arrears (Rent Arrears)
Unpaid rent that is past its due date. Ground 8 of Schedule 2 to the Housing Act 1988 (mandatory) requires at least 3 months of rent arrears under the Renters Rights Act 2025 (previously 2 months). Grounds 10 and 11 remain as discretionary grounds.
At a glance
- Ground 8 threshold
- 3 months of unpaid rent (RRA 2025)
- Was previously
- 2 months (pre-RRA 2025)
- Notice period
- 4 weeks under Ground 8
- Other grounds
- Grounds 10 and 11 (discretionary)
Full guide
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Open full guideWhy Arrears (Rent Arrears) matters for landlords
Rent arrears are the single most common reason landlords seek possession, but the threshold for a mandatory possession order under Ground 8 moved from 2 months to 3 months under the Renters’ Rights Act 2025. That extra month is a real cash-flow gap, and it means landlords need clean, dated evidence of arrears — not just a spreadsheet — because a court will not grant mandatory possession where the arrears fall below 3 months on the day of the hearing. Grounds 10 and 11 remain available for smaller or persistent arrears but are discretionary, so the judge weighs reasonableness.
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Official sources
- legislation.gov.uk — Housing Act 1988
- GOV.UK — Guide to the Renters’ Rights Act 2025
- legislation.gov.uk — Renters’ Rights Act 2025
LetCompliance editorial reviews this entry every quarter against the sources above. Always confirm specific duties with a qualified solicitor or your local council.
Related terms
Mandatory Ground
A ground for possession under Schedule 2 of the Housing Act 1988 that the court must grant if proved. Examples include Ground 1 (landlord moving in), Ground 1A (sale) and Ground 8 (serious arrears). Contrast discretionary grounds, where the court decides if possession is reasonable.
Notice Period
The minimum period a landlord must give before seeking possession under Section 8. Most grounds now require 4 months' notice under the Renters Rights Act 2025, anti-social behaviour can be served with immediate effect, and Ground 8 arrears notice is 4 weeks.
Possession Order
The court order made at the end of a possession claim, requiring the tenant to give up the property to the landlord on a specified date. Two main types under Section 8: outright (give up by a fixed date, typically 14–42 days) or suspended (postponed if the tenant complies with terms, e.g. clearing arrears). If the tenant does not leave by the date in the order the landlord must apply for a Warrant of Possession to enforce eviction by a county court bailiff or High Court Enforcement Officer.
Schedule 2 (Housing Act 1988 Possession Grounds)
The schedule of statutory grounds a landlord uses to seek possession of an assured / assured shorthold tenancy under Section 8. Grounds 1–8 are mandatory (court must grant possession if proven): includes ground 1 (landlord-occupier intent), ground 1A (landlord sale, post-RRA 2025), ground 8 (3+ months rent arrears post-RRA 2025), ground 14 (anti-social behaviour). Grounds 9–17 are discretionary (court considers reasonableness): includes ground 11 (persistent late payment) and ground 12 (breach of tenancy). Choice of ground sets the notice period and the burden of proof.
Section 47 Notice (Rent Demand Address)
Section 47 of the Landlord and Tenant Act 1987 requires a landlord’s name and address (or that of an agent in England and Wales) to appear on every rent demand for a residential property. If the demand omits this, no rent is legally due until a Section 48 notice (or compliant rent demand) is served. Routinely missed by individual landlords self-managing without a template; the breach blocks rent recovery and pauses any Section 8 ground 8/10/11 arrears clock until cured.
Section 8 Notice
A possession notice served under Section 8 of the Housing Act 1988 citing a specific ground. From 1 May 2026 this is the only route to possession in England. Common grounds: Ground 1 (landlord moving in), Ground 1A (sale), Ground 8 (3 months' arrears).