Ground 8 mandatory rent arrears: 3 months or 13 weeks at notice and at hearing

A private landlord seeks possession for rent arrears.

Use Ground 8 only if, at both the date of service and the hearing, at least 13 weeks' rent is unpaid (weekly or fortnightly rent) or 3 months' rent (monthly rent). Ignore arrears that exist only because a Universal Credit housing payment awarded to the tenant has not yet been received. Give at least 4 weeks' notice on Form 3A. For lower arrears or persistent late payment use discretionary Grounds 10 or 11 (4 weeks' notice). Do not serve a rent-arrears notice while the tenant is in a debt breathing space.

Deadline

Within 28 days of serving notice

Four weeks beginning with service before proceedings can start.

• Rent statement at date of service
• Updated rent statement for the hearing
• Form 3A

Other consequences

If arrears fall below the threshold by the hearing, Ground 8 fails (court may still consider discretionary grounds). The court cannot dispense with the notice for Ground 8 (s.8(5)).

• Housing Act 1988, Schedule 2 Ground 8, as amendedlegislation.gov.uk
• Housing Act 1988, s.8(4AA) and (5)legislation.gov.uk
• Renters' Rights Act 2025 (Commencement No. 2 and Transitional and Saving Provisions) Regulations 2026 (SI 2026/421)legislation.gov.uk

Official guidance

Before 1 May 2026 the Ground 8 threshold was 2 months / 8 weeks with 2 weeks' notice; those figures are now out of date for private tenancies in England. The quarterly and yearly limbs (paragraphs (c) and (d)) are repealed by the Renters' Rights Act 2025; rent payable quarterly or yearly has no Ground 8 threshold (legislation.gov.uk marks both as repealed, checked 14 October 2026).

• Section 21 is abolished: never serve a section 21, notice to quit or informal eviction noticeIn force since 1 May 2026Fine up to £7,000

  Section 21 'no fault' evictions ended for private tenancies on 1 May 2026. The only route is a section 8 notice on Form 3A with a valid ground. Serving anything else that purports to end the tenancy is a breach.

• Seek possession only by a section 8 notice on Form 3A with the correct notice periodIn force since 1 May 2026Fine up to £7,000

  To end a tenancy you need a statutory ground, a section 8 notice on the current Form 3A giving at least the minimum notice for each ground, and then a court order. Court proceedings must start within 12 months of serving the notice.

• Offence: knowingly or recklessly using a possession ground that cannot succeedIn force since 1 May 2026Fine up to £40,000

  If you rely on a possession ground knowing it would not succeed, or reckless as to that, and the tenant leaves within 4 months without a court order, you commit an offence.

• Give prior written notice before the tenancy for grounds that require itIn force since 1 May 2026Fine up to £7,000

  Some possession grounds can only be used if you told the tenant in writing before the tenancy began that you might rely on them.

• Grounds 1 and 1A (move in or sell): not in the first 12 months, 4 months' noticeIn force since 1 May 2026

  You can recover possession to live in the property (or house close family) or to sell it, but the date in the notice must be at least a year after the tenancy began and you must give 4 months' notice.

• Do not re-let or re-market for 12 months after using Ground 1 or 1AIn force since 1 May 2026Fine up to £40,000

  After serving notice (or claiming) on Ground 1 or 1A, you cannot let the property, license it for money, or advertise it to let until 12 months after the earliest court date in the notice.

• Anti-social behaviour: Grounds 7A and 14 allow immediate court proceedingsIn force since 1 May 2026

  For serious anti-social or criminal behaviour you can use mandatory Ground 7A or discretionary Ground 14 and apply to court as soon as the notice is served.

• Ground 4A: student HMOs need prior written notice and 4 months' notice ending 1 June to 30 SeptemberIn force since 1 May 2026

  If you let an HMO to full-time students and want it back for the next academic year, you must have told them in writing before signing and give 4 months' notice dated between 1 June and 30 September.

• Never evict without a court order or harass a tenantIn forceFine up to £40,000

  Evicting a tenant without a court order and enforcement, or harassing them to leave or stop exercising their rights, is a criminal offence. Councils can now fine up to £40,000.