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
Read the complete landlord guide on Arrears (Rent Arrears)
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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.
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.
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).
Eviction Ban
A government-imposed moratorium on enforcing possession orders, used during the COVID-19 pandemic. No eviction ban is in force as of 2026. Bailiffs can enforce possession orders once 14 days' notice has been given.
Accelerated Possession
A fast-track court procedure used under a Section 21 notice in England and Wales. Abolished for new claims from 1 May 2026 because Section 21 no longer exists. Possession is now pursued under Section 8 using a specified ground.
AST (Assured Shorthold Tenancy)
The most common form of private tenancy in England. From 1 May 2026 all existing ASTs converted to assured periodic tenancies under the Renters Rights Act 2025, and new fixed-term ASTs can no longer be created for most residential lets.