The mandatory rent arrears ground 8 is set to be substantially altered in May 2026, changing when a private landlord can seek possession and what defences a tenant can raise.
Published March 2026.
Possession reforms in the Renters' Rights Act
The Renters' Rights Act 2025 introduces major reforms for private tenancies. It gives tenants stronger protection from eviction by increasing notice periods and removing section 21.
Alongside the abolition of no fault eviction, several possession grounds are set to be introduced or substantially amended.
Grounds for possession are the legal reasons a landlord can provide to the court when asking it to make an order for possession of rented property. For assured tenants, the grounds are set out in Schedule 2, Housing Act 1988.
From 1 May 2026, many more possession claims will be issued on grounds as landlords will no longer have the option to issue a claim under the no-fault section 21 notice.
The rent arrears grounds for assured tenancies
Landlords have a number of grounds available to them once a tenant falls into rent arrears.
Only one of the three rent arrears grounds is altered by the Renters' Rights Act, but it is the ground that tenants find the most difficult to defend.
The mandatory ground 8
Ground 8 allows a landlord of an assured tenancy to issue a notice seeking possession when the rent arrears reach a fixed threshold.
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. The court cannot take into account the reason for the arrears or the tenant's willingness to pay off the debt. The tenant's defences are limited to procedural irregularities, unlawful discrimination, or counterclaims that would reduce the level of arrears below the threshold.
That sum must be outstanding on the day the notice is served, and on the day of the hearing. It does not matter if the tenant paid the arrears off in the intervening period - just the level of arrears on the two dates counts.
The discretionary grounds 10 and 11
A landlord can start proceedings for possession before the tenant reaches a minimum threshold of arrears by using the discretionary grounds 10 and 11.
Ground 10 covers cases where any amount of rent arrears is due. Ground 11 is for cases where the tenant has persistently paid rent late, regardless of whether they have arrears when the notice is served.
These grounds grant the court the discretion to decide what is reasonable on the day. The tenant's health, household circumstances, or willingness to repay their rent debt can all result in a second chance to remain in their home, usually alongside payment terms set by the court.
Grounds 10 and 11 remain unchanged under the Renters' Rights Act.
Table: Rent arrears grounds
| Ground for possession | What it means | When it can be used | Mandatory or discretionary | RRA reforms |
|---|---|---|---|---|
| Ground 8 | Serious rent arrears | Once a minimum amount of rent is owed | Mandatory | Yes |
| Ground 10 | Some rent lawfully due | When any amount of rent is owed | Discretionary | No |
| Ground 11 | Persistent delay in paying rent | No rent need be outstanding | Discretionary | No |
What's changing, and when
Right now, the threshold for arrears in a ground 8 claim is two months' rent for a monthly tenancy or eight weeks' rent for a weekly tenancy.
That threshold is changing. From 1 May 2026 the sum of arrears for a private tenant is three months' rent for a monthly tenancy and thirteen weeks' rent for a weekly tenancy. There are no proposed reforms for quarterly and yearly tenancies because the Renters' Rights Act abolishes them, setting a maximum tenancy period of one month.
The changes are designed to grant tenants in financial difficulty more time to fix temporary problems, including those caused by benefit delays.
Table: Changes to the arrears threshold for ground 8
| Tenancy period | Current threshold | 1 May 2026 threshold |
|---|---|---|
| Weekly | 8 weeks | 13 weeks |
| Monthly | 2 months | 3 months |
| Quarterly | 3 months | n/a |
| Yearly | 3 months | n/a |
Notice period extended
The minimum notice period a landlord can give before issuing a possession claim on ground 8 will increase to 4 weeks, from 2 weeks.
Which cases will follow the old rules
Social tenants and private tenants who were given notice before 1 May 2026 will not benefit from the reforms straight away.
As things stand, advisers will be advising on both versions of ground 8, depending on the landlord's identity, or the date a notice was given.
Commencement delayed for social tenants
Whilst the government has committed to an implementation date for the private sector, social tenants must wait longer to benefit from the reforms.
The government's implementation roadmap states these changes will begin in phase 2, described as 'late 2026'.
Proceedings on notices issued before commencement
Private landlords have until 31 July 2026 to start proceedings on a valid section 8 notice issued before 1 May 2026.
Possession action based on a notice given before 1 May 2026 will proceed under the old rules, so the lower threshold of rent arrears will apply.
Tenants with a valid section 21 notice on commencement
Private assured shorthold tenants who have a valid section 21 served before 1 May 2026 will remain under the old rules until 31 July 2026 or their notice expires (whichever is earliest). Their landlord could still give a section 8 notice on the 'old' ground 8 during that period.
Reform on arrears caused by benefit delays
Solicitors and court duty advisers often face the frustrating task of dealing with ground 8 claims where rent arrears should be settled through welfare benefits, but payment has not yet commenced.
The Court of Appeal ruled on this issue in North British Housing v Matthews, directing that the court cannot adjourn to await the outcome of a benefit claim, even if payment that would clear the arrears is only days away.
New provision for benefit claimants awaiting payment
The new wording of ground 8 could partially overturn the Court of Appeal ruling. It instructs the court that, if the tenant is entitled to receive an amount for housing costs as part of a universal credit award, it should ignore 'any amount that was unpaid only because the tenant had not yet received payment of that award'. The court might need to adjourn to make a finding of fact about the benefit award.
It appears from the precise wording in the Act, the court's instructions to ignore unpaid housing costs could be limited to cases where the benefit claim has already been made and a decision issued.
How judges will approach adjournments where the full facts are not known at the hearing remains to be seen. It is likely to generate enthusiastic arguments from landlord and tenant representatives, and possibly some early appeals.
Tenancy deposit protection defences extended
A private landlord's failure to protect a tenancy deposit and serve prescribed information on the tenant currently invalidates a section 21 notice.
From 1 May 2026, a failure to protect a deposit in line with the rules, and give the tenant prescribed information about it, will be a substantive defence to all claims for possession of private assured tenancies, with the exception of antisocial behaviour grounds.
Rather than cause the notice to be invalid at the point of service, a landlord's breach of the tenancy deposit requirement will instead prevent the court making a possession order. The landlord could remedy this by returning the tenant's deposit shortly before the hearing, and the tenant would presumably lose that defence.
Defences on procedural defects unchanged
A consideration for landlords proceeding with a claim on ground 8 is that the limits on the court's discretion don't only apply to the tenant. Landlords who fail to serve a valid notice can have their claim struck out entirely, as the court has no discretion to dispense with notice in a ground 8 claim. That means the court cannot overlook any mistakes.
The rules on valid notices are strict. Failing to include the full text of the ground (or a very close equivalent) in the notice has led to claims being struck out.
From 1 May 2026 the text of the ground will be substantially altered and extended, so landlords relying on older templates will encounter difficulties.
Discretionary grounds alternative
A landlord who finds they have served a defective notice might be persuaded to proceed on the discretionary grounds 10 and 11 instead, as the court has discretion to dispense with notice on these grounds.
This might be a good outcome for tenants, who can argue for a general adjournment based on what is fair and reasonable, rather than face a new claim on mandatory grounds.
How ground 8 reforms will affect advice to tenants
The changes to ground 8 go some way to acknowledging the reality for tenants in rent arrears. Two months is a very short period to get finances back on track when things go wrong.
The increased arrears threshold, the extended notice period, and the provision allowing the court to take account of benefit delays will help some tenants avoid eviction. Early advice, communicating with the landlord, and engaging with court processes will still be the best way for a tenant to avoid losing their home.
For advisers, familiarity with rules old and new will be essential. Asking the right questions about the landlord's identity and notice dates is key to understanding the tenant's rights under the upcoming period of dual running.
