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Ground 8 Housing Act 1988: rent arrears possession from 2026

Ground 8 is the mandatory rent arrears ground. Since 1 May 2026 it needs 3 months' rent (monthly) or 13 weeks' rent (weekly or fortnightly) unpaid, and 4 weeks' notice on Form 3A.

Information, not legal advice. Know Your Let is not a law firm and does not act in court cases. We can help with the notice stage (see pricing); court claims and hearings are for you or a solicitor.

Ground 8 rent arrears: the threshold

Rent paid	Unpaid rent needed (at notice and at hearing)	Before 1 May 2026
Weekly or fortnightly	At least 13 weeks' rent	8 weeks
Monthly	At least 3 months' rent	2 months
Quarterly	At least one quarter's rent more than 3 months in arrears	same
Yearly	At least 3 months' rent more than 3 months in arrears	same

"Rent" means rent lawfully due from the tenant – not damage, bills or other charges. Amounts unpaid only because a Universal Credit housing payment has not yet reached the tenant are ignored.

Ground 8 dates and threshold check

1. Which ground(s) will you rely on?

2. Date you will serve the notice

Tenancy start date (needed for Grounds 1/1A)

3. Rent (£)

Paid

Arrears today (£)

4. Court (optional) – not sure? use the postcode check

Runs in your browser; nothing you type is sent to us. Dates are estimates based on the minimum notice periods in the Housing Act 1988, s8(4AA). Leave a margin – a notice that gives too little time can be rejected by the court.

Ground 8 notice: what to put on Form 3A

In box 4.2, copy the full Ground 8 wording from the GOV.UK "legal wording for possession grounds" document. Add Grounds 10 and 11 as well if they apply.
In box 4.3, state the rent, how often it is due, the arrears on the date of the notice and how you worked it out. Attach a rent statement showing each amount due and paid.
In box 2.1, put a date at least 4 weeks after service (use the calculator).

Full Form 3A guide

Ground 8 possession: from notice to order

Rent-only claims can be issued on Possession Claim Online (fee £415); you'll need proof of payments due and received for up to two years. The claim is listed for a hearing – for private landlords the median from claim to order was 8.0 wks in Q2 2026. If Ground 8 is proved, the order usually requires the tenant to leave within 14 days, or up to 6 weeks in cases of exceptional hardship. You can also ask for a money judgment for the arrears in the same claim.

Common reasons Ground 8 claims fail

Arrears drop below the threshold by the hearing (a part-payment or a delayed Universal Credit payment arriving).
Notice defects: missing ground wording, wrong dates, not all tenants named.
Deposit not protected or prescribed information not given.
The tenant counterclaims, for example for disrepair, and the case is adjourned.

Common questions

What is Ground 8?

Ground 8 of Schedule 2 to the Housing Act 1988 is the mandatory rent arrears ground. If the arrears threshold is met both when the notice is served and at the hearing, the judge must make a possession order.

How much rent arrears is needed for Ground 8?

At least 3 months’ rent if rent is paid monthly, or at least 13 weeks’ rent if it is paid weekly or fortnightly. For quarterly rent, one quarter’s rent more than 3 months in arrears; for yearly rent, 3 months’ rent more than 3 months in arrears.

What is the Ground 8 notice period?

4 weeks, beginning with the date the notice is served (since 1 May 2026; it used to be 2 weeks).

What if the tenant is waiting for Universal Credit?

Any amount unpaid only because the tenant has not yet received a Universal Credit housing payment they are entitled to is ignored when working out whether the threshold is met.

What happens if the tenant pays some of the arrears before the hearing?

If the arrears fall below the threshold by the hearing date, Ground 8 fails. That is why landlords usually add Grounds 10 and 11, which the judge can still consider.

Sources

Last checked 28 Sep 2026. Figures and fees change; check the official source before you act.