Advising a social tenant with a rent arrears notice
Guide for professionals
Assured tenants are usually tenants of a housing association.
There are three different grounds that a landlord can use for rent arrears on an assured tenant. A landlord can issue a notice containing multiple grounds.
Ground 8
A tenant is at high risk of eviction if the notice mentions ground 8. This is because it is a mandatory ground for possession.
Ground 8 applies if the tenant owes at least:
eight weeks' rent if they pay weekly or fortnightly
two months' rent if they pay monthly
three months' rent if they pay quarterly or yearly
Check if:
the tenant owes the amount of arrears required
if there are any benefit issues or payments that could reduce the arrears
A tenant paying monthly must reduce the arrears below two month's rent to avoid a possession order.
Read more about ground 8 on Shelter Legal.
Ground 10
Ground 10 is a discretionary ground for some rent owed. A landlord must show that rent is outstanding. A court has discretion to decide if a possession order is reasonable.
Check if:
any rent is lawfully due
the tenant has engaged with the landlord
this is a new issue
Identify any issues that could evidence that a possession order unreasonable. For example health conditions or financial hardship.
Read more about ground 10 at Shelter Legal.
Ground 11
Ground 11 is a discretionary ground for rent paid persistently late. A landlord must show that there is a pattern of late payments. A court has discretion to decide if a possession order is reasonable.
Check if:
the tenant has paid rent late and how often
benefit delays or health conditions have caused late payment
Identify if the landlord has offered the tenant any support or reasonable adjustments.
Read more about ground 11 at Shelter Legal.
Check the grounds
A landlord can list more than one ground on a notice. Read the notice and highlight the grounds that the landlord has listed.
The notice could include grounds for breaching a tenancy agreement that do not relate to the rent arrears. This could affect whether the landlord could get a possession order to evict the tenant.
Read more about grounds for possession at Shelter Legal.
Assess the risk
Mandatory ground 8 is the priority to resolve as a court must order possession if the amount of arrears meets the requirement of the ground.
Calculate the rent arrears
Make your own calculation of the rent arrears, do not rely on the landlord's figure.
Check the landlord's rent statement against the tenant's:
bank statements
universal credit statements
receipts for cash payments
Check for any discrepancies. Rent arrears only applies to rent lawfully due. Check that there are no other charges recorded as rent arrears. For example repair charges or council tax.
Check if the ground is made out
If the landlord has used ground 8, check the rent meets the level. For example, if a tenant pays their rent monthly, ground 8 applies when the tenant is two months in arrears.
Ground 8
If the arrears meets the minimum sum at the time of the hearing, the court must award possession.
The tenant must reduce the arrears if they want to remain in the home.
For example, a tenant paying monthly must reduce the arrears below two months rent before the court hearing.
Case study
Amira is a social tenant with two children. She falls into rent arrears after her universal credit is paid late following a change in her working hours. Amira's monthly rent is £550 and she owes £1650, three months’ rent.
Amira's landlord, the housing association, has served a section 8 notice seeking possession.
At the hearing, Amira explains that the arrears were caused by a benefits delay and provides evidence that her Universal Credit is now in payment. She can also show that she can afford the ongoing rent and proposes a realistic repayment plan.
Outcome
Despite Amira’s circumstances and her ability to clear the arrears over time, the court is satisfied that the rent arrears threshold for the mandatory ground 8 is met on the day of the hearing. As a result, the judge must make a possession order.
The court has no discretion to consider Amira’s personal circumstances, the reason for the arrears, or the impact of eviction on her children.
To avoid a possession order, Amira would need to, at minimum, reduce the arrears below two months before the hearing.
Grounds 10 and 11
There is no minimum amount of rent arrears for ground 10 and 11. If rent is still outstanding at the hearing the court can consider if a possession order would be reasonable.
Last updated: 27 January 2026