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The tenant has persistently delayed paying rent, whether or not any rent is currently outstanding.
Ground 11 of Schedule 2 to the Housing Act 1988 is a discretionary ground for possession that applies where the tenant has persistently delayed paying rent that is lawfully due, whether or not any rent is in arrears on the date of the Section 8 notice or at the date of the court hearing.
Ground 11 differs from Grounds 8 and 10 in an important way: it does not require any rent to be currently outstanding. The focus is on the tenant's pattern of behaviour rather than the current state of the rent account. A tenant who consistently pays rent late — even if they always pay eventually — can be subject to a possession claim under Ground 11.
What constitutes "persistent" delay is a question of fact for the court. There is no fixed legal definition, but the court will look at the overall pattern of payment. Occasional late payments are unlikely to be sufficient. The landlord will need to demonstrate a sustained and repeated pattern of late payment over a significant period. A rent ledger showing that the tenant has paid late in, say, 8 out of the last 12 months would typically support a claim of persistence.
The notice period for Ground 11 is 4 weeks. The landlord must serve a Section 8 notice specifying Ground 11 and allowing at least 4 weeks before issuing proceedings.
As a discretionary ground, the court will consider whether it is reasonable to grant possession. Factors the court may consider include the extent and frequency of late payments, the reasons for the delays (such as irregular income, benefit payment cycles, or temporary financial difficulty), whether the tenant has improved their payment pattern since the notice was served, and the landlord's financial impact.
Ground 11 is frequently pleaded alongside Grounds 8 and 10 in rent arrears cases. Even where the arrears are not sufficient for Ground 8, the pattern of persistent late payment can support a claim under Ground 11.
Ground 11 is not subject to the 12-month restriction under the Renters' Rights Act 2025. It can be used at any point in the tenancy, provided there is sufficient evidence of a persistent pattern of late payment.
Landlords should note that the court may make a suspended possession order rather than an outright order, particularly if the tenant demonstrates a willingness to pay on time going forward. A suspended order means the tenant can remain in the property as long as they comply with conditions (typically paying rent on time and clearing any arrears by instalments).
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.