Ground 10: some rent arrears

Ground 10 rent arrears is the discretionary Section 8 ground for unpaid rent of any amount: some rent must have been in arrears on the day you served the notice and still be unpaid on the day you start court proceedings. It needs 4 weeks' notice. Because it is discretionary, the court only orders possession if it considers it reasonable, and it often suspends the order on payment terms.

What Ground 10 means in plain English

Ground 10 does two jobs. It is the safety net behind Ground 8: if the tenant pays the arrears down below the Ground 8 threshold before the hearing, the claim can carry on under Ground 10. And it is the main arrears ground when the debt has never reached 3 months' or 13 weeks' rent, or when the rent is paid every 4 weeks, a cycle Ground 8 does not cover.

Use all three together in a rent arrears notice. Our rent arrears calculator shows which thresholds you meet.

Ground 10 rent arrears conditions

You must prove that:

1. some rent lawfully due is unpaid on the date proceedings are begun (the date the claim is issued); and
2. some rent was in arrears on the date you served the notice.

"Lawfully due" has the same meaning as for Ground 8. Rent is not treated as due until you have given the tenant an address in England or Wales for serving notices on you (Landlord and Tenant Act 1987, section 48). Bills and fees count only if the tenancy agreement makes them part of the rent, and arrears from a previous tenancy don't count.

The Universal Credit disregard written into Ground 8 does not appear in Ground 10. But the cause of the arrears, including benefit delays, is one of the main things the court looks at when deciding whether an order is reasonable.

Notice period and Breathing Space

The minimum notice is 4 weeks, beginning with the day of service, and the question 2.1 date on Form 3A should be the day after it ends. A notice handed to the tenant on Wednesday 4 November 2026 can give Wednesday 2 December 2026. You then have 12 months from service to start proceedings.

If you are told the tenant has entered a Breathing Space under the Debt Respite Scheme, you must not serve a notice relying on Grounds 8, 10 or 11, or start a claim on one, while it lasts, unless the court gives permission. Steps taken in breach are void. Read our Breathing Space guide for how it affects an existing notice.

What evidence do you need?

• A rent schedule showing every due date, payment and running balance. The court claim needs a schedule covering the 2 years before issue (or from the first missed payment, if later), and figures updated to the hearing date.
• The tenancy agreement, showing the rent and rent period.
• Proof that you gave the tenant your address for service.
• Copies of reminder letters, and any payment plan you offered or agreed. Our rent arrears letter is a good starting point.
• What you know of the tenant's circumstances, especially benefits and any payments made direct to you.
• Your deposit protection certificate and proof you gave the prescribed information.

How to write the Form 3A explanation (question 4.3)

Tick "Grounds 10/11" in question 4.1 (and "Ground 8" if the arrears reach its threshold). In question 4.2, copy the full legal wording of each ground. In question 4.3, explain each ground under its own heading. A sample for a fictional landlord whose tenant pays every 4 weeks, so Ground 8 is not available:

Ground 10. The rent is £1,100 every 4 weeks, due on Fridays under the tenancy agreement dated 24 January 2025. On the date of service of this notice, 4 November 2026, £1,850 of rent is unpaid: £750 of the rent due on 2 October 2026 and all of the rent due on 30 October 2026. I wrote to the tenant about the arrears on 9 October and 2 November 2026 and offered a payment plan. The tenant paid £350 on 2 October 2026 and nothing since. A rent statement is attached.

What will the court consider?

The court must find the ground proved and that an order is reasonable, weighing the interests of you, the tenant and the public. The factors usually include:

• the amount and history of the arrears, and what caused them (benefit delays, ill health, hardship);
• whether the tenant has engaged with you and made realistic payment offers;
• whether this is a new problem or a long-running one;
• your own conduct and any help you offered;
• the effect of an order on the household;
• any counterclaim, such as disrepair, that could be set off against the arrears.

The court can adjourn, suspend or postpone an order. When it does, it must set conditions for paying the arrears and the rent unless that would cause exceptional hardship or be unreasonable. The most common outcome is a suspended order on payment terms, often with a money order for the arrears. See possession orders for what each type means.

Ground 10 mistakes to avoid

• Waiting for the tenant to pay everything off. If no rent is unpaid on the day you issue the claim, Ground 10 fails, though Ground 11 may still apply.
• Leaving out Grounds 8 and 11 when the facts support them.
• Serving during a Breathing Space.
• No paper trail. A landlord who never chased the arrears or offered a plan is in a weaker position on reasonableness. See our guide to payment plans.
• An unprotected deposit, which stops the court making the order.

This page covers England only. Wales (Renting Homes (Wales) Act 2016), Scotland and Northern Ireland have different law.

What to do next

Our Section 8 notice builder adds the legal wording for Grounds 8, 10 and 11 and works out the earliest date. Read our Section 8 rent arrears guide for the full route, or compare every ground in the Section 8 grounds guide. If the tenant raises disrepair or disputes the arrears, speak to a solicitor before the hearing.