Why it matters
What Ground 8 (Serious Rent Arrears) means for a landlord
With Section 21 gone, Ground 8 is the closest thing to certainty left in the possession system: if the arrears are proven at the threshold on both dates, the court has no discretion to refuse. That makes an accurate, dated rent ledger the most valuable document a landlord holds, because a single unlogged part-payment can drop the balance below three months and collapse the claim. It is not, despite a widespread myth, “discretionary”, being defeated by a pay-down on the facts is not the same as a court choosing not to grant it.
Worked example
How it plays out
Rent on a flat in Luton is £1,100 a month, due on the 3rd. On 4 June 2026 the arrears are £3,300, exactly three months’ rent, and the landlord serves notice on Grounds 8, 10 and 11. By the hearing in August the arrears have grown to £4,400, but the tenant pays £1,200 that week, leaving £3,200, just below the threshold. Ground 8 fails on the day, which is why the landlord had also named Grounds 10 and 11.
Common mistakes
Where landlords go wrong
- 01Serving on Ground 8 alone, with nothing to fall back on if a payment brings the arrears down.
- 02Bringing an out-of-date rent statement to the hearing.
- 03Counting unpaid bills or charges that are not rent.
What to do
A short checklist
- Bring an up-to-date rent statement to the hearing.
- Name Grounds 10 and 11 alongside Ground 8 where they apply.
- Record every payment made up to the hearing.
Sources
Checked against these sources on 16 September 2026. A guide to the rules in England, not legal advice: for a dispute or a possession claim, speak to a solicitor.
