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Some rent is lawfully due and unpaid at the date of notice and at the date of the court hearing.
Ground 10 of Schedule 2 to the Housing Act 1988 is a discretionary ground for possession that applies where some rent lawfully due from the tenant is unpaid on the date on which the Section 8 notice is served and at the date of the court hearing.
Ground 10 is the most flexible rent arrears ground because it applies to any amount of outstanding rent, no matter how small. Unlike Ground 8, which requires at least 3 months' rent to be owed, Ground 10 can be relied upon even if only a single month's rent (or less) is outstanding. However, because it is discretionary, the court has full power to decide whether it is reasonable to grant possession.
The dual-date requirement applies: rent must be owed at both the date of the Section 8 notice and the date of the hearing. If the tenant pays all outstanding rent before the hearing, Ground 10 will fail. This gives tenants an opportunity to remedy the situation, and courts generally take a sympathetic view of tenants who have made genuine efforts to pay.
The notice period for Ground 10 is 4 weeks. The landlord must serve a Section 8 notice specifying Ground 10 and allowing at least 4 weeks before issuing proceedings.
Because Ground 10 is discretionary, the court will consider whether it is reasonable to make a possession order in all the circumstances. Factors the court may consider include: the amount of arrears, the tenant's reasons for falling behind (such as job loss, illness, or benefit delays), the tenant's efforts to pay, the landlord's financial position, and any offers from the tenant to repay by instalments.
The court has several options when Ground 10 is proved: it can make an outright possession order (requiring the tenant to leave by a specified date), a suspended possession order (allowing the tenant to stay as long as they pay current rent plus a contribution towards arrears), or an adjournment to give the tenant more time to pay.
Ground 10 is commonly pleaded alongside Ground 8 and Ground 11. If the mandatory Ground 8 fails because the tenant has reduced arrears below 3 months, Ground 10 provides a discretionary fallback. Similarly, if the tenant has a history of late payment, adding Ground 11 strengthens the overall case.
Ground 10 is not subject to the 12-month restriction under the Renters' Rights Act 2025.
A properly drafted tenancy agreement makes it far easier to rely on Section 8 grounds if things go wrong. Generate your complete RRA-compliant document pack in minutes.
This guide is for general information only and does not constitute legal advice. While we make every effort to ensure accuracy, the law may change and individual circumstances vary. You should always seek independent legal advice before taking action to recover possession. TenancyPack is not regulated by the Solicitors Regulation Authority.