Section 8 Ground 10: Some Rent Arrears — Complete Landlord Guide

Section 8 Ground 10 — some rent arrears is the most flexible rent-based possession ground available to private landlords in England. Unlike Ground 8, it applies to any amount of unpaid rent — no minimum threshold. Our Section 8 notice generator produces a court-ready Form 3Aciting Ground 10 (and Ground 8 where applicable) in minutes. Fully updated for the Renters' Rights Act 2025, in force from 1 May 2026.

✓ Updated June 2026

Renters' Rights Act 2025

Form 3A compliant

Any arrears level

England only

✓ No minimum arrears threshold✓ Form 3A (old Form 3 invalid from May 2026)✓ 4-week notice period✓ Combine with Ground 8 on one notice✓ Section 21 abolished — Section 8 only

Section 8 Notice Generator — Ground 10 (Some Rent Arrears)

Any arrears level · Combine with Ground 8 & 11 · Form 3A format · 4-week notice period calculated · England only

Select possession ground

Choose the legal reason you are seeking possession.

MANDATORY

Court must grant possession if ground is proven

DISCRETIONARY

Court decides whether to grant possession

What Is Section 8 Ground 10?

Section 8 Ground 10 is a discretionary possession ground contained in Schedule 2 of the Housing Act 1988. It applies where some rent lawfully due from the tenant is unpaid at the date the Section 8 notice is served, and remains unpaid at the date of the court hearing.

The defining characteristic of Ground 10 is that it has no minimum arrears threshold. Any amount of rent that is lawfully due and genuinely unpaid satisfies the ground — whether that is one week's rent or six months' arrears. This distinguishes it from Ground 8, which requires at least two months' arrears, and from Ground 8A (introduced May 2026), which requires three months.

Because Ground 10 is discretionary, the court is not obliged to grant possession if it is proved. The judge weighs all the circumstances — the amount of arrears, how long they have been outstanding, the tenant's personal situation, and the landlord's conduct — to decide whether granting possession is reasonable. This is the key practical difference from mandatory Ground 8, where the court has no discretion once the ground is proved.

⚖️ Legal basis

Ground 10 is set out in Schedule 2 of the Housing Act 1988: “Some rent lawfully due from the tenant — (a) is unpaid on the date on which the proceedings for possession are begun; and (b) except where subsection (1)(b) of section 8 of this Act applies, was in arrears at the date of the service of the notice under that section relating to those proceedings.” The ground applies to all assured and assured shorthold tenancies in England only. Wales uses separate legislation under the Renting Homes (Wales) Act 2016.

⚠ Why Ground 10 matters more than ever in 2026

Section 21 “no-fault” eviction was abolished across England from 1 May 2026 under the Renters' Rights Act 2025. Landlords can no longer use Section 21 to recover possession without a legal reason. Every possession claim now requires a valid Section 8 ground — making Ground 10 one of the most important tools available to landlords facing non-payment of rent at any level.

Ground 8, Ground 10, and Ground 11 — What Is the Difference?

Rent arrears cases can involve up to four separate grounds. Understanding the differences between them determines which grounds to cite on the Form 3A — and whether you are protected if the tenant makes a partial payment before the court hearing.

⚠️Ground 8MandatoryNotice: 4 weeks

Threshold

≥ 2 months' arrears (monthly tenancy)

Court's power

Must grant possession if proved

Key consideration

Fails if tenant reduces arrears below threshold before the hearing. Always cite alongside Ground 10.

🆕Ground 8AMandatoryNotice: 4 weeks

Threshold

≥ 3 months' arrears — new from May 2026

Court's power

Must grant possession if proved

Key consideration

Introduced by the Renters' Rights Act 2025. Provides a mandatory fallback if tenant makes partial payments to avoid the Ground 8 threshold.

✅Ground 10DiscretionaryNotice: 4 weeks

Threshold

Any unpaid rent — no minimum

Court's power

May grant possession if reasonable

Key consideration

The most flexible rent arrears ground. Valid for any amount of arrears, but the court weighs reasonableness. Always cite alongside Ground 8.

🕐Ground 11DiscretionaryNotice: 4 weeks

Threshold

Persistent late payment — no arrears needed

Court's power

May grant possession if reasonable

Key consideration

Applies even when the account is currently clear. Requires payment history evidence — rent ledger and bank statements. Cite alongside Grounds 8 and 10.

✓ Best practice — always cite Ground 8 + Ground 10 together

Because both grounds carry the same 4-week notice period and fit on a single Form 3A, there is no cost to citing them together. If arrears are two months or more, add Ground 8 (mandatory) alongside Ground 10 (discretionary). If arrears reach three months, add Ground 8A. If there is any pattern of late payment even when the account is currently clear, add Ground 11. This multi-ground approach protects the claim against tactical partial payments.

→ Ground 8 Rent Arrears Guide→ Ground 8A Guide (new 2026)→ Ground 11 Persistent Late Payment Guide

Source: Housing Act 1988 Schedule 2 as amended by the Renters' Rights Act 2025. View Housing Act 1988 Schedule 2 — legislation.gov.uk ↗

When Should a Landlord Use Section 8 Ground 10?

Ground 10 is the appropriate ground whenever a tenant owes any amount of rent at the date of service. It is almost always cited alongside Ground 8 where the arrears are substantial, but there are specific situations where Ground 10 plays a critical protective role.

📉

Small or early-stage arrears

The tenant has fallen behind for the first time and owes less than two months' rent. Ground 8 does not apply, but Ground 10 does. Serving at this stage puts the tenant on formal notice and starts the legal process before arrears grow further.

Ground 10 alone (or with 11)
💷

Arrears at 2+ months — standard arrears case

The tenant owes two months or more. Ground 8 (mandatory) and Ground 10 (discretionary) should both be cited on the same Form 3A. If the tenant reduces arrears below two months before the hearing, Ground 8 fails — but Ground 10 survives as long as any rent remains unpaid.

Ground 8 + Ground 10 + Ground 11
⚠️

Tenant makes tactical partial payments

The tenant consistently pays just enough before each hearing to keep arrears below the Ground 8 two-month threshold. Ground 10 protects the claim — it applies to any unpaid rent remaining. Ground 8A (three months, introduced 2026) provides additional mandatory protection.

Ground 8 + Ground 8A + Ground 10 + Ground 11
📋

Dispute about service charges or other sums

If only service charges or other contractual sums — not base rent — are unpaid, Ground 10 may not apply. The ground requires "rent lawfully due" to be unpaid. Seek legal advice if the amount in dispute is not pure rent.

Seek legal advice
🏛

Housing benefit or universal credit delays

Where arrears exist because housing benefit or universal credit payments have been delayed through no fault of the tenant, the court will consider this under the discretionary Ground 10. The landlord must still prove the rent is lawfully due and unpaid, but the judge may adjourn rather than grant immediate possession.

Ground 10 + Ground 8 (cite both)
📬

Pre-proceedings as a prompt to engage

Some landlords use a Section 8 notice citing Ground 10 as a formal prompt to a tenant who has fallen slightly behind. The notice triggers a mandatory response in many cases. However, the landlord must be prepared to follow through with court proceedings if the tenant does not pay or engage.

Ground 10 alone or with Ground 8

⚠ Tenancy type check

Ground 10 applies only to assured and assured shorthold tenancies under the Housing Act 1988. It does not apply to company lets, licences to occupy, common law tenancies, or regulated tenancies created before 15 January 1989. If you are unsure which type of tenancy you hold, confirm with a housing solicitor before serving any notice.

How to Generate a Section 8 Ground 10 Notice in 5 Steps

01

Confirm some rent is unpaid

Check your rent ledger against the tenancy agreement. Any amount of lawfully due rent that remains unpaid satisfies the Ground 10 threshold. Calculate the exact arrears figure — this goes on the Form 3A.

02

Select Ground 10 — and add Ground 8

In the generator, select Ground 10. If arrears reach two months, also select Ground 8. If arrears reach three months, add Ground 8A. Cite Ground 11 too if there is a history of late payment. Multiple grounds on one Form 3A at no extra cost.

03

Enter property and tenant details

Full property address, all tenant names exactly as on the tenancy agreement, landlord or letting agent contact details, and the total arrears figure as of the service date.

04

Notice expiry auto-calculated

Enter your planned service date. The generator calculates the earliest legally valid expiry date — a minimum of 4 weeks from tenant receipt for Ground 10.

05

Download Form 3A and serve

Receive a court-ready PDF. Serve on the tenant by hand delivery or first-class post. Complete a certificate of service immediately. Retain both for your court file.

✓ What landlords receive

→ Completed Form 3A PDF — the only valid form from May 2026

→ Ground 10 (and any other cited grounds) formatted in the prescribed layout

→ Correct notice expiry date — 4 weeks from your stated service date

→ Court-ready document accepted for county court possession claims

→ Section 8 Notice Generator→ Form 3A Complete Guide→ Section 8 Rent Arrears Notice Guide→ Rent Arrears Demand Letter Generator→ Certificate of Service

Step-by-Step: Serving a Section 8 Ground 10 Notice

Step 1 — Confirm the tenancy is assured or assured shorthold

Ground 10 applies only to assured tenancies under the Housing Act 1988. For most privately rented properties in England let after 15 January 1989 with annual rent between £1,000 and £100,000, the tenancy will be an assured shorthold tenancy. Check the tenancy agreement. If in doubt, seek legal advice before serving.

Step 2 — Prepare an accurate rent ledger

Calculate the total arrears precisely using your rent ledger. The figure entered on the Form 3A must be accurate as of the date of service. Courts frequently see possession claims undermined by a mismatch between the arrears stated on the notice and the ledger produced at the hearing. Corroborate the ledger with your bank statements.

Step 3 — Send a formal rent arrears demand letter first

Before serving the Section 8 notice, it is good practice — and strengthens your court position — to issue a formal rent arrears demand letter giving the tenant a short deadline to pay or engage. This demonstrates to the court that you acted reasonably before commencing possession proceedings — a relevant factor for the discretionary Ground 10.

Step 4 — Select the right grounds on the Form 3A

Use our Section 8 notice generator to select Ground 10. If arrears are two months or more, also select Ground 8. If three months or more, add Ground 8A. If there is a pattern of late payment even when the account is sometimes cleared, add Ground 11. All four grounds can be cited on a single Form 3A.

Step 5 — Enter all required details accurately

Every field must be precise. Tenant names must appear exactly as on the tenancy agreement. The property address must include the full postcode. The arrears figure must be accurate as of the planned service date — not an estimate or a rounded figure. The generator formats the Ground 10 reason for possession in the prescribed Form 3A layout automatically.

Step 6 — Enter the service date and check the expiry

Enter your planned service date. The generator calculates the earliest valid expiry date — a minimum of 4 weeks from the date the tenant receives the notice. For first-class post, add two working days; for second-class post, add four working days. Do not serve the notice with an expiry date that is earlier than 4 weeks from receipt — a short notice period renders the entire notice defective.

Step 7 — Serve the notice and complete a certificate of service

Serve the Form 3A by hand delivery to the tenant personally or through the letterbox, by first-class post, or by email only if the tenancy agreement expressly permits electronic service. Immediately after serving, complete a certificate of service recording the date, method, and who served it. Keep this with a copy of the Form 3A.

Step 8 — Apply to court if the tenant does not leave or pay

If the tenant remains and arrears are still outstanding after the expiry date, file Form N5 (possession claim) and Form N119 (particulars of claim for rent arrears) at the county court. The court will set a hearing — typically 4–8 weeks from filing. At the hearing, bring an up-to-date rent ledger showing the current arrears position. See our possession claim guide →

Section 8 Ground 10 Notice Period Requirements — 2026

The minimum notice period for Ground 10 is 4 weeks from the date the tenant receives the notice. This is consistent with all rent-related Section 8 grounds (Ground 8, Ground 8A, Ground 10, and Ground 11). Getting the notice period right is one of the most common sources of procedural error — a notice with too short a period is defective and cannot support a court claim.

Rent arrears groundsTypeMinimum notice
Ground 10 — some rent unpaid (any amount)Discretionary4 weeks
Ground 8 — 2 months' rent arrearsMandatory4 weeks
Ground 8A — 3 months' rent arrears (new May 2026)Mandatory4 weeks
Ground 11 — persistent late paymentDiscretionary4 weeks

📌 How the 4-week notice period is counted

Hand delivery: Service is immediate — the 4 weeks runs from the date of hand delivery.

First-class post: Add 2 working days to the posting date to get the deemed date of service. The 4 weeks runs from that deemed service date.

Second-class post: Add 4 working days to the posting date for the deemed service date.

Email: Only valid if the tenancy agreement expressly permits electronic service. If permitted, service is immediate on sending (unless a different time is agreed).

Source: Housing Act 1988 s.8 and Schedule 2, as amended by the Renters' Rights Act 2025. Housing Act 1988 s.8 — legislation.gov.uk ↗

Evidence Required for a Ground 10 Possession Claim

Because Ground 10 is discretionary, the quality of your evidence is especially important. The judge weighs all the circumstances to decide whether granting possession is reasonable. Well-organised, contemporaneous documentation significantly improves the outcome.

1

Tenancy agreement

Essential

A copy of the signed tenancy agreement confirming the rent amount, payment frequency, and due dates. This establishes the rent obligation and the court's jurisdiction to hear the claim.

2

Accurate rent ledger

Essential

A complete payment record showing every rent payment due and every payment received from the start of the tenancy. The arrears figure stated on the Form 3A must precisely match the ledger — discrepancies between the notice and the ledger will weaken or undermine the claim.

3

Bank statements

Essential

Your own bank statements showing that the rent credited to your account matches the ledger. These corroborate the ledger and demonstrate the arrears are genuine.

4

Prior written demands

Copies of any rent demand letters, emails, or messages sent to the tenant asking for the overdue rent. Courts view evidence that the landlord made reasonable efforts to recover arrears before serving a notice favourably.

5

Correspondence about the arrears

Any responses from the tenant about the arrears — promises to pay, payment plans agreed but not kept, or explanations given. This contextual evidence helps the judge assess reasonableness under Ground 10.

6

Proof of notice service

Essential

A signed certificate of service recording the date, method, and server. For postal service, keep the Royal Mail proof of posting. Without proof of service, the county court will not process the possession claim.

7

Updated arrears figure at the hearing

Essential

Ground 10 requires rent to remain unpaid at the court hearing — not just at the date of service. Bring an up-to-date ledger to the hearing. If all arrears have been cleared, Ground 10 fails (though Ground 11 may still apply if there is a pattern of late payment).

⚠ Ground 10 at the court hearing — the key test

Ground 10 requires rent to be unpaid at two points in time: at the date of service of the notice, and at the date of the court hearing. If the tenant clears all arrears before the hearing, Ground 10 fails — no matter how large the arrears were when the notice was served. Always bring an up-to-date rent ledger to the hearing, and always cite Ground 11 if there is any pattern of late payment, as it can succeed even when arrears are cleared.

Ground 10 Practical Examples — How Landlords Use This Ground

📋

Example 1 — Early intervention: 6 weeks' arrears

Situation

A tenant pays monthly rent of £1,200. They miss one month's payment and pay the following month only partly, resulting in £1,800 arrears — less than two months. Ground 8 does not yet apply.

Approach

The landlord serves a Section 8 notice citing Ground 10 and Ground 11 (there has been a pattern of late payment). This puts the tenant on formal notice and creates legal pressure without waiting for arrears to escalate.

Outcome

The tenant pays in full before the notice expires. No court claim needed. But the landlord now has a formal record that enables a faster claim if the pattern continues.

💷

Example 2 — Standard arrears case: 3 months' arrears

Situation

A tenant owes £3,600 (3 months at £1,200/month). Ground 8 (2 months), Ground 8A (3 months), and Ground 10 (any amount) all apply.

Approach

The landlord cites Ground 8 + Ground 8A + Ground 10 + Ground 11 on a single Form 3A. This is the strongest multi-ground position. If the tenant makes tactical payments before the hearing, Ground 8 or 8A may fall away — but Ground 10 remains as long as any rent is still owed.

Outcome

The tenant pays down to £600 before the hearing, taking arrears below both the Ground 8 and 8A thresholds. Ground 8 and 8A fail. Ground 10 succeeds — £600 remains unpaid. The court grants a suspended possession order requiring full payment within 28 days.

🏛

Example 3 — Housing benefit delay

Situation

A tenant's housing benefit payment was delayed due to an administrative error, creating £2,400 in arrears. The arrears arose through no fault of the tenant.

Approach

The landlord still cites Ground 8 and Ground 10 on the Form 3A — the rent is lawfully due and unpaid regardless of the reason. However, the landlord provides a covering letter to the court acknowledging the housing benefit context.

Outcome

At the hearing, the judge notes the housing benefit delay and adjourns the claim for 4 weeks to allow payment. The arrears are cleared by the housing benefit department. The claim is dismissed. No possession is granted — but the landlord has a court record and can quickly re-file if arrears recur.

What to Expect at a Ground 10 Court Hearing

If the tenant does not leave after the Section 8 notice expires, the landlord must apply to the county court for a possession order. For Ground 10 claims, the hearing is an important stage — unlike mandatory Ground 8, the outcome is not automatic.

📁 Before the hearing — what to prepare

  • ✓Up-to-date rent ledger showing arrears as of the hearing date
  • ✓Copy of the tenancy agreement
  • ✓The served Form 3A and certificate of service
  • ✓Bank statements corroborating the ledger
  • ✓Copies of any rent demand letters sent to the tenant
  • ✓Evidence of any responses or promises made by the tenant

⚖️ At the hearing — what the judge considers

  • ✓Is some rent still unpaid at the date of the hearing?
  • ✓How long have arrears been outstanding?
  • ✓Has the landlord followed the correct process?
  • ✓Is granting possession reasonable in all circumstances?
  • ✓Has the tenant provided a credible reason for the arrears?
  • ✓Is there a realistic prospect of the arrears being paid?

📋 Possible court outcomes for Ground 10

Outright possession order

The court grants possession, usually with 14–28 days for the tenant to vacate. More likely where arrears are substantial and longstanding.

Suspended possession order

Possession is granted but suspended on conditions — typically requiring the tenant to pay current rent plus an instalment off the arrears. If the tenant complies, they remain in the property.

Adjournment

The court adjourns the hearing to give the tenant time to pay or obtain legal advice. Common where housing benefit delays are involved or the arrears are relatively small.

Claim dismissed

If all arrears have been cleared before the hearing, Ground 10 fails. The claim is dismissed. A fresh Section 8 notice would need to be served if arrears recur.

→ Possession Claim Guide (Form N5)→ Rent Arrears Calculator→ GOV.UK Evicting tenants guide ↗→ Possession Claim Online — GOV.UK ↗

6 Mistakes That Invalidate a Section 8 Ground 10 Notice

A defective notice or poorly prepared claim means the possession claim fails at court — costing months of additional non-payment and significant legal costs. These are the most common errors landlords make with Ground 10 notices.

1.

Citing only Ground 8 and omitting Ground 10

If the tenant makes a partial payment that reduces arrears below the two-month threshold before the court hearing, Ground 8 fails. Without Ground 10 on the same Form 3A, the entire possession claim collapses — even if rent is still owed. Always cite both on the same notice.

2.

Inaccurate arrears figure on the notice

The arrears stated on the Form 3A must match your rent ledger precisely. If the judge finds a discrepancy — even a small one — it undermines credibility and the court may decline to grant possession under the discretionary Ground 10.

3.

Using old Form 3 after May 2026

Form 3 has been invalid since 1 May 2026. Every Section 8 notice in England must now use Form 3A. A notice on the wrong form is automatically defective and the county court will reject the possession claim based on it.

4.

Short notice period — less than 4 weeks

Ground 10 requires a minimum of 4 weeks' notice from tenant receipt. The notice period starts from when the tenant receives the notice — not when you post it. A notice with too short a period is defective and cannot be used to support a court claim.

5.

Failing to prove arrears still exist at the hearing

Ground 10 requires rent to remain unpaid at the court hearing date — not just at the date the notice was served. Bring an up-to-date rent ledger to every hearing. If all arrears have been cleared, Ground 10 fails at the hearing.

6.

No proof of service

The county court requires evidence that the tenant received the notice. A signed certificate of service or tracked delivery confirmation is mandatory. Without it, the possession claim can fail on procedural grounds regardless of the strength of the arrears evidence.

Why Landlords Use Our Section 8 Ground 10 Notice Generator

⚡

Always Form 3A

The generator always produces the current Form 3A — the only legally valid form since 1 May 2026. No risk of using the invalidated Form 3, which has caused possession claims to be struck out across England since the change.

⚖️

Ground 10 + Ground 8 on one notice

Cite Ground 10, Ground 8, Ground 8A, and Ground 11 all on the same Form 3A. The generator formats each ground in the prescribed layout. No need to serve multiple notices for the same arrears situation.

🗓

4-week expiry auto-calculated

Enter your service date and the generator calculates the earliest valid expiry date for Ground 10 — 4 weeks from tenant receipt. No manual date arithmetic. No risk of a short-notice defect.

📄

Court-ready PDF

Download a PDF formatted for county court possession proceedings. All prescribed Form 3A sections completed. Ready to file alongside Form N5 and Form N119 when commencing the possession claim.

🔄

Updated for 2026 law

The generator reflects the Renters' Rights Act 2025 in full — including the Form 3A requirement, new Ground 8A (3 months' arrears, mandatory from May 2026), and the abolition of Section 21.

💷

Fraction of solicitor cost

A solicitor-prepared Section 8 notice for a straightforward rent arrears case typically costs £200–£500. Our generator produces the same court-ready Form 3A from £19.99.

About This Guide

🔄

Updated June 2026

This guide reflects the Renters' Rights Act 2025 as implemented from 1 May 2026, including the new Ground 8A (3 months' arrears), Form 3A requirement, and the abolition of Section 21 across England.

🇬🇧

England only

Ground 10 is a Schedule 2 ground under the Housing Act 1988, which applies to assured tenancies in England only. Wales uses the Renting Homes (Wales) Act 2016. Scotland and Northern Ireland have separate legislation.

⚠️

Not legal advice

This guide provides general legal information for landlords and letting agents only. It is not independent legal advice. Before commencing court proceedings, consult a qualified housing solicitor — particularly for complex arrears disputes, retaliatory possession risk, or defended claims.

External references: Housing Act 1988 Schedule 2 — legislation.gov.uk · Housing Act 1988 Section 8 — legislation.gov.uk · Renters' Rights Act 2025 — legislation.gov.uk · GOV.UK — Evicting tenants · GOV.UK — Possession Claim Online · Find a housing solicitor — Law Society
OD

OfficeDraft Property Documentation Team

Our team monitors UK housing legislation and updates all notice generators and guides to reflect current prescribed forms, legal requirements, and case law. This guide was published in June 2026 and reviewed to incorporate changes under the Renters' Rights Act 2025, including the new Ground 8A and Form 3A requirements.

About OfficeDraft →

Frequently Asked Questions — Section 8 Ground 10

What is Section 8 Ground 10?▾
Ground 10 is a discretionary possession ground under Schedule 2 of the Housing Act 1988. It applies where some rent that is lawfully due from the tenant is unpaid at the date of service of the Section 8 notice, and remains unpaid at the date of the court hearing. Unlike Ground 8, there is no minimum arrears threshold — any amount of rent that is due and unpaid satisfies the ground. However, because it is discretionary, the court decides whether granting possession is reasonable in all the circumstances.
What is the difference between Ground 8, Ground 10, and Ground 11?▾
Ground 8 is mandatory and requires at least two months' rent arrears to exist both at notice service and at the court hearing — if proved, the court must grant possession. Ground 10 is discretionary and applies to any level of unpaid rent — the court may grant possession but is not obliged to. Ground 11 is also discretionary but covers persistent late payment of rent even where no arrears are currently outstanding. In practice, landlords should cite all three grounds together on a single Form 3A for maximum protection of the claim.
Can I cite Ground 10 even if the arrears are very small?▾
Yes. Ground 10 has no minimum arrears threshold — it applies to any unpaid rent that is lawfully due. However, for very small or technical arrears, the court will consider whether granting possession is reasonable. Courts are unlikely to evict a long-standing tenant over a trivial amount that the tenant disputes in good faith. The strength of Ground 10 is greatest when combined with a clear payment record showing genuine, sustained non-payment.
What notice period applies to Ground 10?▾
Ground 10 requires a minimum of 4 weeks' notice from the date the tenant receives the notice. The same 4-week period applies to Ground 8, Ground 8A, and Ground 11 for rent-related grounds. The notice period begins on the date of receipt — not the date you write or post the notice. For first-class post, the date of receipt is assumed to be two working days after posting. Our generator calculates the correct expiry date automatically.
What happens if the tenant pays off the arrears after I serve the notice?▾
If the tenant clears all arrears before the court hearing, Ground 10 fails — because it requires rent to remain unpaid at the date of the hearing. This is why it is essential to also cite Ground 11 if there has been a pattern of late payment: Ground 11 can still succeed even when there are no current arrears, provided payment history evidence shows persistent lateness. A Section 8 notice citing Ground 10 alone is a weaker position than one that also includes Ground 8 and Ground 11.

Related Section 8 Guides & Tools

→Section 8 Notice Generator — Main Tool→Section 8 Rent Arrears Notice — Ground 8, 8A, 10, 11→Ground 8 Rent Arrears — Two Months' Arrears Guide→Ground 8A — Repeated Rent Arrears (new 2026)→Ground 11 — Persistent Late Payment Guide→Section 8 Multiple Grounds Generator→Form 3A Complete Guide→Form 3A Generator — England→Rent Arrears Demand Letter Generator→Rent Arrears Calculator→Possession Claim Guide (Form N5)→Certificate of Service→Landlord Compliance Checklist→Section 8 Notice Generator — London→Section 8 Notice Generator — Manchester→Section 8 Notice Generator — Birmingham

⚠ Legal disclaimer

OfficeDraft's Section 8 notice generator assists landlords and letting agents in preparing possession notices in the correct Form 3A format. The tool and this guide provide general legal information only and do not constitute independent legal advice. Ground 10 possession claims are discretionary — outcomes vary depending on the specific facts of each case, the level and history of arrears, the tenant's circumstances, and the judge's assessment of reasonableness. Before commencing court proceedings, particularly where the tenant is likely to defend the claim or where a disrepair complaint has been made, you should seek independent advice from a qualified housing solicitor. A directory of solicitors is available at solicitors.lawsociety.org.uk.

Last updated: 17 June 2026 · Editorial review: 17 June 2026 · Author: OfficeDraft Property Documentation Team · About OfficeDraft

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