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The tenant has been in at least 2 months' arrears on at least 3 occasions within the preceding 3 years.
Ground 8A is a new discretionary ground for possession introduced by the Renters' Rights Act 2025. It applies where the tenant has been in rent arrears of at least 2 months on at least 3 separate occasions within the preceding 3-year period.
This ground is designed to address a gap in the existing law. Before the Renters' Rights Act, landlords dealing with tenants who repeatedly fell into arrears and then paid just enough to defeat Ground 8 had limited options. Ground 8A provides a mechanism for dealing with persistent non-payers who repeatedly build up and reduce arrears without ever reaching a stable pattern of timely payment.
The requirements for Ground 8A are precise: the landlord must show that on at least 3 separate occasions in the 3 years preceding the date of the Section 8 notice, the tenant owed rent equal to at least 2 months' rent. The occasions do not need to be consecutive, and it does not matter whether the tenant subsequently paid the arrears — what matters is the pattern of repeated default.
The notice period for Ground 8A is 4 weeks. The landlord must serve a Section 8 notice specifying this ground and allowing at least 4 weeks before issuing court proceedings.
Unlike Ground 8, Ground 8A is a discretionary ground. This means that even if the landlord proves the pattern of arrears, the court has discretion to decide whether it is reasonable to grant possession. The court will consider all the circumstances, including the reasons for the arrears (such as temporary loss of employment, illness, or delays in housing benefit), the tenant's current financial position, and whether the tenant has taken steps to address the problem.
Ground 8A is not subject to the 12-month restriction. However, because it requires a pattern of arrears over a 3-year period, it is inherently a ground that applies to longer-running tenancies.
Landlords relying on Ground 8A will need strong documentary evidence of the arrears history. A detailed rent account showing the dates and amounts of every payment and every period of arrears will be essential. The court will want to see a clear trail demonstrating the pattern of repeated default.
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.