Section 8 Ground 10: Some Rent Arrears (Housing Act 1988, England 2026)

In short:Ground 10 lets a landlord seek possession where some rent lawfully due is unpaid. There is no minimum amount, it is discretionary, and it needs four weeks' notice. Issue the notice on Form 3A, not the old Form 3.

Since Section 21 was abolished on 1 May 2026, a Section 8 notice is the only route to possession in the private rented sector in England. Ground 10 is the most flexible of the rent arrears grounds. This guide explains what it requires, how it differs from Grounds 8 and 11, and how to serve a valid notice, with a worked example citing Grounds 10 and 11.

By OfficeDraft Legal Research Team · Last updated 28 September 2026 · Sources

Generate a Form 3A citing Ground 10

Select Ground 10, add Grounds 8 and 11 where they apply, and the notice period is calculated for you.

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Form 3A is for private-sector assured tenancies in England, notices served on or after 1 May 2026.

You can select more than one ground. If you do, the longest notice period applies.

MANDATORY

Court must grant possession if the ground is proven

DISCRETIONARY

Court decides whether to grant possession

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What Is Ground 10 Under the Housing Act 1988?

Ground 10 is a discretionary ground in Schedule 2 to the Housing Act 1988. It applies where some rent lawfully due from the tenant was unpaid when the Section 8 notice was served, and is unpaid when the possession proceedings begin. Unlike Ground 8, it has no minimum arrears threshold: any amount of rent that is lawfully due and unpaid can meet the ground.

Because it is discretionary, proving the ground does not guarantee possession. The court must also be satisfied that it is reasonable to make an order, and under Section 9 it has powers to adjourn, or to suspend or postpone an order on conditions such as repayment of arrears.

The Renters' Rights Act 2025 amended Schedule 2 with effect from 1 May 2026, so always check the current text of the ground on legislation.gov.uk and use the exact statutory wording on your form. For the bigger picture, read our Renters' Rights Act guide for landlords.

Ground 10 applies to assured tenancies in England, including the periodic assured tenancies that former assured shorthold tenancies became on 1 May 2026. It does not apply to lodgers or to tenants sharing with a resident landlord, or to Wales and Scotland, which have their own frameworks.

What Form Do I Issue for a Section 8 Ground 10 Notice?

You issue Form 3A. Since 1 May 2026, Section 8(3) of the Housing Act 1988 requires private-sector Section 8 notices to be in the prescribed form, which is Form 3A. The old Form 3 is now reserved for social housing providers, and a private-sector notice served on Form 3 is invalid. The blank form and guidance are on the GOV.UK assured tenancy forms page.

On Form 3A you tick the ground or grounds you rely on, set out the exact statutory wording of each in Section 4.2, and give particulars, meaning the facts you rely on, such as the rent, the arrears and the dates. Our guide to filling in Form 3A walks through each section, and the Form 3A generator completes it for you.

After the notice period, a possession claim is started on Form N5 with Form N119 for rent arrears.

Ground 8, Ground 10 and Ground 11: What's the Difference?

Rent arrears cases usually involve up to three grounds. All three carry four weeks' notice and fit on one Form 3A.

Comparison of Grounds 8, 10 and 11
Ground	Type	What you need	When it is tested	Notice	Court's role
Ground 8	Mandatory	Three months’ rent unpaid (13 weeks if rent is weekly or fortnightly)	On the date of service and on the date of the hearing	4 weeks	Court must grant possession if proved
Ground 10	Discretionary	Any amount of rent lawfully due and unpaid	Arrears when the notice is served, and unpaid when proceedings begin	4 weeks	Court decides whether possession is reasonable
Ground 11	Discretionary	Persistent delay in paying rent, even if nothing is owed now	Payment history over the tenancy	4 weeks	Court decides whether possession is reasonable

Citing Ground 8 alone is risky because it fails if arrears fall below three months before the hearing. Read what happens when arrears drop before the hearing and see how the grounds combine in our Section 8 grounds hub.

When to Use Ground 10

Arrears below the Ground 8 threshold. With less than three months owed, Ground 8 is not available. Ground 10, usually with Ground 11, is the arrears route.
Arrears at or above three months. Cite Ground 8 with Grounds 10 and 11, so the claim has a discretionary fallback if the tenant pays down the balance.
Partial payments timed around the threshold. If the tenant pays just enough to stay under three months, Ground 10 still applies while any rent is unpaid.
Benefit delays. Where arrears come from delayed Universal Credit or housing benefit, Ground 10 can still be cited, but expect the court to weigh the cause. See Universal Credit delays and Section 8.
Unpaid sums that are not rent. Ground 10 concerns rent lawfully due. If the shortfall is only a charge that is not reserved as rent, check with a solicitor before relying on it.

If you would rather agree repayments, our rent arrears payment plan template may help. First time landlord? Start with our first-time landlord guide.

Example Section 8 Notice: Grounds 10 and 11

This example is illustrative. The figures and dates are invented, and the statutory wording of each ground (Section 4.2 of Form 3A) is deliberately not reproduced: copy it exactly from the form or let the generator insert it.

The facts. Amir lets a flat at £1,200 a month, due on the 1st. The tenant did not pay the August 2026 rent and paid half of the September rent. There is also a pattern of late payment earlier in the year.

Example rent history
Rent due	Paid	Date paid	Days late
1 Mar 2026	£1,200	12 Mar	11
1 Apr 2026	£1,200	9 Apr	8
1 May 2026	£1,200	15 May	14
1 Jun 2026	£1,200	1 Jun	0
1 Jul 2026	£1,200	20 Jul	19
1 Aug 2026	£0	Unpaid	n/a
1 Sep 2026	£600	Part-paid	n/a

Which grounds.Arrears at service are £1,800 (£1,200 + £600), which is one and a half months, so Ground 8 is not available. Amir cites Ground 10 for the unpaid rent and Ground 11 for the history of late payment. Both carry four weeks' notice, so the notice gives four weeks.

Illustrative particulars

Ground 10."Rent of £1,200 is payable monthly in advance on the 1st. Rent of £1,200 due on 1 August 2026 is unpaid, and £600 of the rent due on 1 September 2026 is unpaid. On the date of this notice, £1,800 is owed, as shown in the attached rent statement."

Ground 11."The tenant has persistently delayed paying rent. The rent due on 1 March, 1 April, 1 May and 1 July 2026 was paid on 12 March, 9 April, 15 May and 20 July 2026 respectively."

If the arrears later reached three months, Ground 8 would become available and Amir could cite Grounds 8, 10 and 11 together. See the Ground 8 guide and the worked example of Grounds 8, 10 and 11.

How to Serve a Ground 10 Notice, Step by Step

Check the tenancy and the rent. Confirm it is an assured tenancy and that the sum you are claiming is rent lawfully due under the agreement.
Update your rent ledger. Work out the exact arrears at the date you will serve and check them against your bank statements.
Confirm deposit compliance. The deposit must be protected and the prescribed information given before you serve. See GOV.UK deposit guidance.
Choose your grounds. Cite Ground 10, add Ground 11 if there is a payment history, and add Ground 8 if arrears reach three months.
Complete Form 3A. Use the current version, the exact ground wording and accurate particulars, or use the generator above.
Serve and keep proof. Serve by hand, first-class post or as the tenancy agreement allows, and record the date and method.
Wait for the notice period to end. Do not issue before the date in the notice.
Apply to court if needed. File Form N5 and Form N119 within 12 months of service. See what to do when a tenant won't leave and plan dates with the possession order timeline.

Ground 10 Notice Period

Ground 10 requires four weeks' notice under Section 8(4AA) of the Housing Act 1988, the same as Grounds 8 and 11. If you cite a ground with a longer period on the same notice, such as Ground 1A at four months, the longest period governs, apart from the immediate-issue exception for Grounds 7A and 14.

Count the period from the date the notice is served. How and when a notice is treated as served depends on the method used and what your tenancy agreement says, so leave a margin and keep proof of service. Email service is only safe if the tenancy agreement permits it. A notice lapses if proceedings are not started within 12 months of service.

See the full table of periods in our Section 8 grounds hub.

Evidence for a Ground 10 Claim

Because Ground 10 is discretionary, clear and consistent documents matter. The court will look at the amount and history of the arrears, the tenant's circumstances and how you have behaved.

Tenancy agreement
Shows the rent, the payment frequency and the due dates. Essential.
Rent ledger
A full record of rent due and payments received. The arrears figure in your notice must match it exactly. Essential.
Bank statements
Corroborate the ledger by showing what was actually received. Essential.
Proof of service
A dated record of how and when you served the notice. Essential.
Deposit protection proof
Deposit certificate and prescribed information, given before you served. Needed for Ground 10.
Rent demands and correspondence
Letters, emails or messages asking for payment, and any replies, promises or payment plans. Helps the court judge reasonableness.
An up-to-date ledger for the hearing
The court will want the current position, not just the position when you served.

What Happens at Court on a Ground 10 Claim

There is no accelerated procedure for Section 8, so a claim under Ground 10 goes to a hearing in the county court. Use Find a court or tribunal to identify the right court, and see CPR Part 55 for the procedure. You can also start a claim online through Possession Claim Online.

The court will typically consider:

whether the ground is made out on the evidence,
how much is owed, for how long, and why,
whether you followed the correct process and gave a valid notice,
the tenant's circumstances and any realistic prospect of repayment.

Possible results include an order for possession, an order suspended on conditions such as paying current rent plus a sum off the arrears, an adjournment, or dismissal of the claim if the ground is not made out or possession is not reasonable. The result turns on the facts of each case.

Mistakes That Undermine a Ground 10 Notice

Citing only Ground 8
If arrears fall below three months, Ground 8 fails and nothing remains. Adding Ground 10 (and Ground 11 where there is a payment history) keeps a fallback on the same notice.
An arrears figure that does not match the ledger
Any mismatch between the notice and the ledger you produce weakens your credibility, which matters most on a discretionary ground.
Using the old Form 3
Notices to private tenants served on or after 1 May 2026 must be on Form 3A. Form 3 is now for social housing providers.
Paraphrasing the ground wording
Section 4.2 of Form 3A needs the exact statutory wording. A summary risks invalidating the notice.
Skipping the deposit check
For Ground 10 the deposit must be protected and the prescribed information given before you serve. Only Grounds 7A and 14 are exempt.
Issuing before the notice period ends
Ground 10 needs four weeks. Issuing early, or serving a shorter period, can make the notice defective.
Citing a ground you cannot support
Section 16E of the Housing Act 1988 penalises landlords who rely on a ground they do not reasonably believe applies.

Read the mistakes that void a Section 8 claim and how to fix an invalid notice.

Frequently Asked Questions About Ground 10

What is Section 8 Ground 10?

Ground 10 is a discretionary ground in Schedule 2 of the Housing Act 1988. It applies where some rent lawfully due from the tenant was unpaid when the notice was served and is unpaid when proceedings begin. There is no minimum amount, but because the ground is discretionary the court decides whether it is reasonable to order possession.

What form do I issue for a Section 8 Ground 10 notice?

Form 3A. Since 1 May 2026, private landlords in England must serve Section 8 notices on Form 3A. The old Form 3 is now for social housing providers, and a private-sector notice on Form 3 is invalid.

Is there a minimum amount of arrears for Ground 10?

No. Any amount of rent lawfully due and unpaid can meet the ground. In practice, the smaller and shorter-lived the arrears, the less likely a court is to think possession is reasonable, so the ground works best with a clear, well-documented record of non-payment.

What is the notice period for Ground 10?

Four weeks, under Section 8(4AA) of the Housing Act 1988. If you also cite a ground with a longer period, such as Ground 1A (four months), the longest period governs the notice.

What is the difference between Ground 8, Ground 10 and Ground 11?

Ground 8 is mandatory and needs three months of arrears (13 weeks for weekly or fortnightly rent). Ground 10 is discretionary and covers any unpaid rent. Ground 11 is discretionary and covers persistent late payment even when nothing is currently owed. Landlords commonly cite all three together on one Form 3A.

Can I serve a notice on Ground 10 alone?

Yes. Where arrears are below the Ground 8 threshold, Ground 10 (usually with Ground 11) is the arrears route. Where arrears reach the threshold, citing Ground 8 alongside Ground 10 means the claim survives if arrears drop below three months.

What happens if the tenant pays off the arrears?

Ground 10 is tested by reference to the arrears when the notice is served and the rent unpaid when proceedings begin, and the court will look closely at the current position when deciding whether possession is reasonable. If the arrears have been cleared by the hearing, a court is unlikely to order possession on Ground 10 alone. Ground 11 may still apply if there is a pattern of late payment.

Do Universal Credit delays affect a Ground 10 claim?

They can. Where arrears stem from a delay in benefit payments, the court is likely to weigh that under its discretion, and may adjourn or suspend an order rather than grant outright possession. Our guide on Universal Credit delays and Section 8 explains the detail.

Sources and Official References

About this page

Written and maintained by OfficeDraft's Legal Research Team from the current text of the Housing Act 1988 as amended by the Renters' Rights Act 2025 and the government's published Form 3A guidance. We review it when the legislation, the form or the guidance changes. Last updated 28 September 2026.

This page is general information, not legal advice. It covers assured tenancies in England only, and Ground 10 outcomes turn on the facts of each case. OfficeDraft is not a law firm. Before starting court proceedings, particularly if the claim is likely to be defended, take advice from a qualified housing solicitor via the Law Society directory. See our Terms and Privacy Policy.

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