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The tenant owes at least 3 months' rent at both the date of notice and the court hearing.
Ground 8 of Schedule 2 to the Housing Act 1988 is the principal mandatory ground for possession based on rent arrears. It applies where, at both the date the Section 8 notice is served and the date of the court hearing, at least 3 months' rent is unpaid.
Ground 8 is one of the most important grounds available to landlords because it is mandatory: if the arrears threshold is met at both relevant dates, the court must make a possession order. The judge has no discretion to refuse, adjourn, or impose conditions. This provides landlords with a reliable route to possession where tenants have accumulated substantial unpaid rent.
The critical feature of Ground 8 is the "dual date" requirement. The tenant must owe at least 3 months' rent at both the date the notice is served and the date of the court hearing. This means that if the tenant pays down the arrears to below 3 months before the hearing, Ground 8 will fail. In practice, many tenants or their representatives will attempt to reduce the arrears below the threshold before the hearing date to defeat the mandatory ground.
The notice period for Ground 8 is 4 weeks. This is shorter than many other grounds, reflecting the seriousness of substantial rent arrears. The landlord must serve a Section 8 notice specifying Ground 8 and allowing at least 4 weeks before issuing proceedings.
Ground 8 is not subject to the 12-month restriction under the Renters' Rights Act 2025. Serious rent arrears can arise at any point in a tenancy, and the landlord's right to seek possession for non-payment of rent is not time-limited.
For the purposes of this ground, "3 months' rent" means rent that is lawfully due under the tenancy agreement. If there is a dispute about the amount of rent owed (for example, because the tenant has made payments that have not been credited, or because there is a counterclaim for disrepair), the court will need to resolve that dispute before determining whether the threshold is met.
It is common practice to plead Ground 8 alongside the discretionary Ground 10 (some rent arrears) and Ground 11 (persistent late payment). If Ground 8 fails because the tenant has reduced the arrears below the threshold, the court can still grant possession under the discretionary grounds if it considers it reasonable to do so.
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.