Ground 11: persistent late payment of rent

Ground 11 of Section 8 lets you seek possession where the tenant has persistently delayed paying rent that has become lawfully due, even if nothing is owed by the time you go to court. It is discretionary and needs 4 weeks' notice. To succeed you need a clear payment history, and the court must decide that an order is reasonable.

What Ground 11 means in plain English

Some tenants always pay in the end, but never on time. Others build up arrears, then clear them just before the hearing so that Ground 8 and Ground 10 fall away. Ground 11 deals with both. It looks at the pattern of payment rather than the balance on a given day, which is why it belongs in almost every rent arrears notice alongside Grounds 8 and 10.

Ground 11 section 8: what you have to prove

You must show that the tenant has persistently delayed paying rent which has become lawfully due. It does not matter whether any rent is in arrears when proceedings begin.

Two points shape the evidence:

• "Persistently" is not defined. There is no set number of late payments. Show a pattern over a long enough period that the court can see it is not a one-off.
• "Lawfully due" matters. 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), and only payments that are rent under the tenancy agreement count.

A payment history in this form makes the pattern plain (fictional figures, rent £950 due on the 1st):

How much notice does Ground 11 need?

The minimum notice is 4 weeks, beginning with the day of service. The question 2.1 date on Form 3A should be the day after it ends: a notice handed to the tenant on Tuesday 3 November 2026 can give Tuesday 1 December 2026. You must then start proceedings within 12 months of service.

There is no other time bar, but a Breathing Space under the Debt Respite Scheme stops you serving a notice that relies on Grounds 8, 10 or 11, or starting a claim on one, unless the court gives permission. See our Breathing Space guide.

What evidence do you need?

• A full payment history showing the due date and the date each payment arrived, ideally from the start of the tenancy. Bank statements back it up.
• Copies of reminders you sent and any replies or reasons the tenant gave.
• Evidence of the effect on you, such as letters from your mortgage lender, if the late payments caused problems.
• The tenancy agreement, showing the rent and due date.
• Proof you gave your address for service, and your deposit protection documents.

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

Tick "Grounds 10/11" in question 4.1. In question 4.2, copy the full legal wording of Ground 11 from GOV.UK's legal-wording document. In question 4.3, describe the pattern with dates and figures. A short sample for a fictional landlord:

Ground 11. The rent of £950 a month is due on the 1st of each month. In 9 of the 10 months from January to October 2026 the tenant paid between 6 and 21 days late, as shown in the attached schedule of due dates and payment dates. I sent a written reminder each time. The late payments caused me to miss two mortgage payments on the property; copies of my lender's letters are attached.

What will the court consider?

Ground 11 is discretionary. The court must be satisfied that the ground is proved and that ordering possession is reasonable, weighing the interests of you, the tenant and the public. It will usually consider:

• how long the pattern has gone on and what caused it, such as benefit timing, ill health or hardship;
• whether the tenant responded to reminders or offered to change when they pay;
• your conduct, including whether you raised the problem and offered help;
• the effect of an order on the household;
• where Ground 11 is relied on alone with no arrears, the effect of the late payments on you, for example a breach of your mortgage.

The court can adjourn, suspend or postpone an order, and if it does it must set conditions about paying the rent and any arrears unless that would be unreasonable or cause exceptional hardship.

Ground 11 mistakes to avoid

• Months of silence. If you never raised the late payments, it is harder to show they mattered.
• A patchy record. Gaps in the payment history weaken the pattern. Reconstruct it from bank statements before you serve.
• Using Ground 11 alone when there are also arrears. Add Grounds 8 and 10 where the facts fit.
• Serving during a Breathing Space.
• 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. If the tenant is behind as well as late, read what to do when a tenant is not paying rent, and see the full arrears route in our Section 8 rent arrears guide. To compare every ground, use the Section 8 grounds guide.