Section 8 notice for rent arrears

A Section 8 notice for rent arrears should normally rely on Grounds 8, 10 and 11 together, each of which needs 4 weeks' notice. Ground 8 is mandatory but only works if at least 3 months' rent (monthly rent) or 13 weeks' rent (weekly or fortnightly rent) is unpaid both when you serve and at the hearing. Grounds 10 and 11 are discretionary back-ups that keep your claim alive if the arrears fall below that line.

Which grounds to use in a Section 8 notice for rent arrears

Ground	Type	What you must show	Notice
Ground 8: serious arrears	Mandatory	At least 3 months' rent (monthly) or 13 weeks' rent (weekly or fortnightly) unpaid at service and at the hearing	4 weeks
Ground 10: some arrears	Discretionary	Some rent in arrears at service and still unpaid when proceedings begin. No minimum amount	4 weeks
Ground 11: persistent late payment	Discretionary	The tenant has persistently delayed paying rent, even if nothing is owed when proceedings begin	4 weeks

Using all three costs you nothing in time, because they share the same 4-week notice period. If the tenant pays the arrears down before the hearing, Ground 8 fails, but the court can still make an order on Ground 10 or 11 if it thinks that reasonable. Remember that the court can't dispense with notice for Ground 8, so the notice itself must be right.

The Ground 8 threshold: how much must be owed?

The threshold is set by how often the rent is due, and it must be met on two dates: the day you serve the notice and the day of the hearing.

Rent	Threshold	Example
Monthly	At least 3 months' rent	£1,200 a month: at least £3,600 unpaid
Weekly	At least 13 weeks' rent	£250 a week: at least £3,250 unpaid
Fortnightly	At least 13 weeks' rent (6.5 fortnights)	£500 a fortnight: at least £3,250 unpaid

Before 1 May 2026 the thresholds were 8 weeks or 2 months, so check any older advice you rely on. Only rent that is lawfully due counts:

• Your address for notices. Rent is treated as not due until you have given the tenant an address in England or Wales where notices can be served on you (Landlord and Tenant Act 1987, section 48). Check the tenancy agreement or send the notice of address before you serve.
• Charges. Service charges or bills count only if the tenancy agreement makes them part of the rent.
• Old debts. Arrears from a previous tenancy, or owed by a previous tenant, don't count.
• Unusual rent periods. Ground 8 sets no threshold for rent paid every 4 weeks, every 3 weeks or daily. To be safe, don't rely on Ground 8 alone in those cases: use Grounds 10 and 11 and speak to a solicitor.

The rent arrears calculator checks the threshold for you.

Universal Credit and benefit delays

The Act says that if the tenant is entitled to a Universal Credit housing amount, any rent unpaid only because they had not yet received that payment must be ignored for Ground 8. The typical example is rent missed while waiting for the first payment after a monthly assessment period.

GOV.UK's guidance describes the rule more broadly, referring to delays in Universal Credit "or other benefits", while the statute mentions Universal Credit only. To be safe, when you check the Ground 8 threshold, leave out any arrears caused by a benefit payment the tenant was waiting for, and note the position in question 4.3. A court weighing Grounds 10 and 11 is also likely to look at whether benefit delays caused the arrears. Our guide to Universal Credit and rent arrears covers managed payments direct to you.

Worked example with real dates

The rent is £950 a month, due on the 1st. The tenant last paid in full for July 2026 and has paid nothing since.

1. Arrears on Monday 2 November 2026: August, September, October and November are unpaid, so £3,800.
2. Ground 8 threshold: 3 × £950 = £2,850. Met.
3. Universal Credit check: the tenant applied for Universal Credit in October and says the November rent is unpaid only because the first payment hasn't arrived. To be safe, leave out £950: £2,850 still meets the threshold, just.
4. Serve by hand on Monday 2 November 2026 relying on Grounds 8, 10 and 11. The earliest date in question 2.1 is Monday 30 November 2026.
5. Issue the claim from 30 November 2026 and, to be safe, by Monday 1 November 2027.
6. At the hearing, the arrears must still be at least £2,850 for Ground 8. If the tenant has paid them down below that, the court decides on Grounds 10 and 11.

Because this case sits right on the threshold, the tenant only has to pay a small amount to defeat Ground 8. That is exactly why Grounds 10 and 11 belong on the notice.

Evidence to prepare before you serve

• Rent schedule: every date rent was due, every amount paid and the running balance. For the court claim you'll need a schedule covering the 2 years before issue (or since the first missed payment), so start it now.
• Tenancy agreement, showing the rent, how often it is due and what it includes.
• Proof of your address for notices under section 48 of the Landlord and Tenant Act 1987.
• Benefit position: whether the tenant receives Universal Credit or another benefit, and any delays you know of.
• Your reminders and any payment plan, with dates. Form N119 asks what steps you took to recover the arrears, and the court weighs them on Grounds 10 and 11.
• Deposit certificate and prescribed information, because the court can't make an order on these grounds without them (or the deposit's return).

Before you serve: breathing space, payment plans and timing

Breathing space. If the tenant is in a debt-respite breathing space, you must not serve a notice relying on Grounds 8, 10 or 11, or start a claim on one, without the court's permission. Anything done in breach is void. If a breathing space starts after you serve, the notice's 12-month life can be extended by 8 weeks from its end. See Breathing Space and rent arrears.

Payment plans. A realistic plan can resolve arrears without court, and a refused or broken plan is useful evidence on Grounds 10 and 11. See agreeing a payment plan.

Timing. Serve as soon as the threshold is met if you intend to use Ground 8. But remember the threshold must still be met at the hearing, which will usually be at least a couple of months after service once you add the 4-week notice period and the court's listing time.

What happens at court for an arrears claim

If the claim is based only on rent arrears, you can issue it through Possession Claim Online, unless you need Help with Fees. Otherwise, use paper forms N5 and N119. The fee is £415 either way.

• Ground 8 proved: the court must make a possession order, normally taking effect within 14 days (up to 6 weeks for exceptional hardship). It can't adjourn or suspend under its discretionary powers.
• Grounds 10 and 11: the court weighs the amount, history and cause of the arrears, the tenant's offers to pay and your conduct. A suspended possession order on payment terms is a common outcome. Where Ground 11 is relied on with no arrears left, the court may consider the impact of late payment on you, such as a breach of your mortgage terms.
• The money: you can ask for the arrears, use and occupation charges and costs in the same claim, with no extra fee. Form N119 has a section for the orders you want, including the unpaid rent.

What to do next

Update your rent schedule, check the threshold, and make sure the tenant isn't in a breathing space. Then create your notice: ValidNotice checks the Ground 8 threshold against your figures, adds Grounds 10 and 11 with their full legal wording, and calculates the dates. For the wider picture, read our rent arrears guide for landlords and how to evict a tenant for rent arrears, or return to the Section 8 notice guide.