What Ground 8 Now Requires
Ground 8 of Schedule 2 to the Housing Act 1988, as amended by the Renters Rights Act 2025, allows a landlord to seek mandatory possession where the tenant has serious rent arrears. Mandatory means that if the ground is proved, the court must grant possession -- it has no discretion to refuse. This distinguishes Ground 8 from the discretionary arrears grounds (Grounds 10 and 11) where the court weighs all circumstances.
From 1 May 2026, Ground 8 requires that the tenant has at least 3 months rent arrears for monthly tenancies (or 13 weeks for weekly or fortnightly tenancies) at two specific points in time: the date the Section 8 notice is served, and the date of the possession hearing. Both thresholds must be met. The previous threshold was 2 months.
The Two-Point Requirement and Why It Matters
The requirement that arrears exist at both the notice date and the hearing date is the most important practical point about Ground 8. If the tenant pays down the arrears between the notice and the hearing -- even by a single day's rent that brings them below the threshold -- Ground 8 fails at the hearing. The court cannot grant possession on a mandatory ground that is not established at the hearing.
This is why experienced landlords always include Grounds 10 and 11 alongside Ground 8. Grounds 10 and 11 are discretionary and do not have a minimum threshold -- they can be proved even if arrears have been partially paid. Including them means the court retains the ability to grant possession even if Ground 8 fails at the last moment.
The Universal Credit Exclusion
The Renters Rights Act 2025 introduced an important protection for tenants receiving Universal Credit. When calculating whether the 3-month threshold is met, any arrears that arose solely because a Universal Credit payment had not yet been received must be excluded. In practice this means the landlord and the court must look at whether the arrears would still exceed 3 months if UC payments that were owed but not yet paid were credited.
This exclusion reflects the reality that Universal Credit is paid in arrears and that delays in the UC system -- which are common -- can push tenants into technical arrears through no fault of their own. Landlords should be aware that a tenant may successfully argue that arrears do not meet the threshold when UC delays are factored in.
How to Calculate and Prove the Arrears
Before serving the notice, prepare a detailed rent account showing every payment due, every payment received, and the running balance. The rent account is the primary evidence for Ground 8. It must be accurate, clear, and cover the full tenancy period.
At the hearing, update the rent account to the hearing date and bring copies for the judge and the tenant. The judge will scrutinise the figures. Any unexplained gaps or inconsistencies will undermine your case. If the tenant disputes the figures, you need documentary evidence -- bank statements showing payments received, receipts if rent was paid in cash.
Notice Period
The notice period for Ground 8 is 4 weeks -- doubled from the previous 2 weeks under the Renters Rights Act 2025. You cannot issue court proceedings until the 4-week period has expired. Count the period carefully from the date of service.
When Ground 8 Fails
Ground 8 fails at the hearing if the arrears have fallen below 3 months since the notice was served. It also fails if the rent account contains errors, if the Universal Credit exclusion applies and brings the arrears below the threshold, or if the notice was defective. Where Ground 8 fails, the court may still consider Grounds 10 and 11 if they were included in the notice. This is why including multiple grounds is almost always the right approach for arrears cases.