With Section 21 gone, landlords who need to recover possession from a non-paying tenant have one primary tool — Section 8. And within Section 8, one ground stands above all others.

Ground 8.

Ground 8 is a blunt tool. If the arrears exceed the threshold on the relevant dates, the judge must order possession, regardless of the tenant's financial or household circumstances. St. James’s Place

That's the key distinction. Most possession grounds are discretionary — the court weighs up the circumstances and decides whether eviction is reasonable. Ground 8 is mandatory. If you prove the arrears exist at the right threshold on the right dates, the court has no choice but to grant possession.

This edition covers exactly how it works, what changed on 1 May 2026, and the mistakes that cause landlords to lose cases they should win.

Ground 8 requires the tenant to have at least 3 months' rent arrears — increased from 2 months — both when notice is served and at the court hearing. It requires 4 weeks' notice and is a mandatory ground. Landlord Studio

Two significant changes landlords need to understand:

The threshold increased from 2 months to 3 months. Previously you could serve a Ground 8 notice once a tenant hit 2 months of arrears. From 1 May 2026 you must wait until arrears reach 3 full months before Ground 8 is available.

The notice period increased from 2 weeks to 4 weeks. For Section 8 notices served on a private tenant before 1 May 2026, the notice must give the tenant at least two weeks before possession proceedings can start. From 1 May 2026 that minimum notice period doubled to 4 weeks for rent arrears grounds. Rightmove

Ground 8 covers serious rent arrears where the tenant has at least 3 months' rent arrears both when notice is served and at the court hearing. Ground 10 covers any rent arrears — the tenant is in any amount of arrears. This is a discretionary ground where the court considers whether eviction is reasonable. Ground 11 covers persistent late payment — the tenant has persistently paid rent late. This is also a discretionary ground. Landlord Studio

The critical difference is mandatory versus discretionary. On Ground 8, if the threshold is met the court must grant possession. On Grounds 10 and 11 the court decides whether it is reasonable — and can refuse even if the arrears are proven.

A landlord who serves notice on the mandatory Ground 8 usually includes discretionary Grounds 10 and 11 on the notice and the claim form. Rightmove

This is standard practice for a good reason. If arrears fall below the 3 month threshold before the hearing — which sometimes happens when a tenant makes a partial payment — Ground 8 fails. But Grounds 10 and 11 may still succeed as discretionary grounds.

Serving all three gives you the best chance of success regardless of what happens between serving notice and the hearing date.

For Ground 8 the landlord must show arrears remain above the threshold at the hearing. Shelter England

This is the rule that catches landlords out most often. Ground 8 requires the arrears to be at or above 3 months at two specific points:

Point 1 — The date you serve the Section 8 notice Point 2 — The date of the court hearing

If a tenant makes a payment between those two dates and their arrears drop below 3 months — even by £1 — Ground 8 fails at the hearing.

This happens more often than landlords expect. A tenant who knows eviction proceedings are underway sometimes makes a strategic partial payment specifically to bring arrears below the threshold and defeat the claim.

Your response — serve all three grounds. Grounds 10 and 11 don't have the same threshold requirement.

Step 1 — Calculate arrears precisely Calculate the exact amount owed. Arrears must be at least 3 months of rent — not approximately 3 months. If monthly rent is £800 the arrears must be at least £2,400 before you serve.

Step 2 — Download the correct Section 8 notice Download the current Section 8 notice form from gov.uk. Search "Section 8 notice prescribed form 2026."

Complete the form carefully:

Step 3 — Serve with 4 weeks notice Give at least 4 weeks notice from the date of service before beginning court proceedings.

Keep proof of service — witness statement, recorded post, or email with read receipt. Shelter England

Step 4 — Do not accept rent that brings arrears below threshold If you accept a payment that reduces arrears below 3 months between serving notice and the hearing — Ground 8 fails. You can accept payments but be aware of the impact on your threshold.

Step 5 — Issue court proceedings After the 4 week notice period apply to the County Court for possession. You can do this online via the Ministry of Justice possession claim portal.

Step 6 — Prove arrears at the hearing Bring your rent account — a clear record of every payment received and every payment missed. The judge needs to see that arrears were above 3 months on the date you served notice and remain above 3 months on the hearing date.

The landlord must not serve a notice during a tenant's breathing space or mental health crisis moratorium. A landlord must not serve notice, issue a claim, or apply for an eviction warrant during a moratorium. Rightmove

Breathing Space is a government debt respite scheme. When a tenant registers with a debt adviser they get a 60 day moratorium during which creditors — including landlords — cannot pursue debt recovery action.

Before serving any Section 8 notice check whether your tenant is in a Breathing Space moratorium. Serving notice during a moratorium is unlawful and will result in the notice being set aside.

You can check via the Insolvency Service register — search "breathing space register" on gov.uk.

A clear rent account is the foundation of every successful arrears claim. Your rent account should show:

Without a clear rent account your claim is significantly weaker. Judges want to see a simple, clear record — not a collection of bank statements and emails.

This is exactly the purpose of the Rent Tracker database in the UK Landlord Property Manager template — every payment, every arrear, every month, in one clear view.

Ground 10 — any arrears Ground 10 covers any rent arrears — the tenant is in any amount of arrears at notice service and the hearing. The notice period is 4 weeks and the court considers payment history and circumstances. Banner Jones

Ground 10 is weaker than Ground 8 because it's discretionary — but it acts as a safety net if Ground 8 fails due to a partial payment.

Ground 11 — persistent late payment Ground 11 covers persistent delay in paying rent even if there are no current arrears. Banner Jones

Ground 11 is powerful in a different way — you can use it even if the tenant has caught up on arrears by the hearing date. If a tenant has consistently paid late over many months that pattern is enough for Ground 11 — even with no current arrears. The court still decides whether possession is reasonable, but a persistent pattern of late payment is strong evidence.

Mistake 1 — Serving before arrears reach 3 months If arrears are £2,399 and monthly rent is £800 — Ground 8 is not yet available. Wait until the threshold is clearly met.

Mistake 2 — Vague particulars on the notice State the exact arrears figure and the dates unpaid. "The tenant owes approximately £3,000" is not sufficient. "The tenant owes £3,200 being rent unpaid for March, April and May 2026 at £800 per month plus £800 partial arrears from February 2026" is correct.

Mistake 3 — Not keeping proof of service If the tenant claims they never received the notice and you have no proof of service — your claim fails at the first hurdle.

Mistake 4 — Accepting payments strategically If you accept a payment that drops arrears below 3 months you may need to restart the process. Seek legal advice before accepting partial payments once proceedings are underway.

Mistake 5 — Not checking for Breathing Space Serving notice during a moratorium is unlawful and will result in the notice being invalid.

✅ Know your threshold — Ground 8 requires 3 full months of arrears before you can serve

✅ Always serve Grounds 8, 10 and 11 together on the same notice

✅ Give 4 weeks minimum notice before issuing court proceedings

✅ Keep a clear rent account showing every payment due and received

✅ Check the Breathing Space register before serving any notice

✅ Keep proof of service — recorded post or email with read receipt

✅ Seek legal advice before accepting partial payments once proceedings are underway

✅ Make sure arrears remain above 3 months on the hearing date — not just the notice date

The Rent Tracker database in the UK Landlord Property Manager Notion template gives you a clear month-by-month payment record across your entire portfolio — exactly what you need if arrears proceedings ever become necessary.

£19 one-time, instant access 👉 uklandlordproperty.gumroad.com/l/oahbhl

Coming up next edition — EPC C by 2030: what the upgrade actually costs, which improvements qualify and how to plan without being overcharged.

The Landlords Brief is published regularly for UK landlords. Subscribe free at thelandlordsbrief.co.uk. This newsletter is for general information only and does not constitute legal or financial advice.