Section 8 Ground 10: some rent arrears
Direct answer
Ground 10 is a discretionary rent-arrears ground. There is no minimum threshold, even small arrears can support Ground 10, but the court will only grant possession if it is reasonable to do so. The notice period depends on notice date - 4 weeks for notices served on or after 1 May 2026, and 2 weeks for legacy notices served before 1 May 2026 still being heard in the transition window. Suspended possession orders, payment plans, and small-arrears defences all play out under Ground 10.
This is legal information, not legal advice. If your situation is urgent or already in court, call Shelter on 0808 800 4444 or contact your local Citizens Advice for free expert advice.
Free checkers
- Section 8 checker
Run the free interactive Section 8 checker for a personalised analysis based on your facts. - All Section 8 grounds
Browse the hub of the main Section 8 possession grounds private renters face.
Related guidance inside this topic
- If your next step turns on legacy Section 21 notice rules, read legacy Section 21 checker.
- For the dates, forms, and evidence behind legacy Section 21 notice rules, see Section 21 validity guides before you respond.
- If this issue overlaps with legacy Section 21 notice rules, check overview of tenant rights in England to compare the legal tests.
- For a fuller breakdown of deposit protection and deduction disputes, use deposit prescribed information guide for the underlying rule set.
- If you need the route-specific rules on legacy Section 21 notice rules, start with tenant FAQ hub so you can check the dates and documents against your own case.
Related articles
- Deposit protected late? Section 21 may be invalid
How late deposit protection after the 30-day deadline affects a legacy Section 21 notice. - Deposit amount and address in prescribed information
Why the deposit amount and property address matter in the Section 21 prescribed information checklist. - Section 21 abolished: what happens now?
The transition guide for pre-cutoff notices, the 1 May 2026 changeover, and when possession analysis switches to Section 8. - Old rules vs new rules after May 2026
The side-by-side transition guide for Section 21, Section 8, rent increases, and periodic tenancies after 1 May 2026. - Renters' Rights Act 2026: complete guide
The main reform guide covering Section 21 abolition, Section 8, rent increases, pets, and private rented sector enforcement changes.
Common questions
- What is the difference between Ground 8 and Ground 10?
- Ground 8 is mandatory and requires arrears above the statutory threshold at both notice and hearing - if proved, the court must grant possession. Ground 10 is discretionary, has no minimum threshold, and the court will only grant possession if reasonable.
- Can I get a suspended possession order?
- Yes. Even if the court accepts there are arrears, you can ask for a suspended order on terms - typically 'pay current rent plus an agreed amount towards arrears each month'. As long as you keep up payments, the order does not take effect.
- Does a Ground 10 Section 8 notice mean I have to leave immediately?
- No. A Section 8 notice never gives a landlord the right to evict you on its own. Even after the notice period expires, the landlord must apply to the county court, win a possession order, and then book a court bailiff. Until a bailiff with a warrant attends, you do not have to leave. If anyone tries to remove you without that paperwork, that is illegal eviction.
- Where can I get free, urgent advice?
- Call Shelter on 0808 800 4444 or contact your local Citizens Advice. If you are at immediate risk of being locked out, contact the police and your local council's tenancy relations team. This guide is legal information, not legal advice.
Use the interactive checker on getrentersrights.com for the full step-by-step result.