Section 8 Ground 10: some rent arrears
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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.
Received a notice citing this ground? Run the free Section 8 notice checker.
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.
Other Section 8 grounds of the same type
- Section 8 Ground 11: persistent late payment of rent
Ground 11, Schedule 2 HA 1988: persistent delay in paying rent, even when not currently in arrears. Discretionary ground, reasonableness test, defences. - Section 8 Ground 12: breach of a tenancy obligation
Ground 12, Schedule 2 HA 1988: breach of any tenancy obligation other than rent. Discretionary ground, 2 weeks notice. Defences and reasonableness. - Section 8 Ground 13: deterioration of the property
Ground 13, Schedule 2 HA 1988: property has deteriorated due to tenant waste or neglect. Discretionary ground, 2 weeks notice, key defences. - Section 8 Ground 14: anti-social behaviour or nuisance
Ground 14, Schedule 2 HA 1988: anti-social behaviour, nuisance, or conviction at or near the dwelling. Discretionary ground, no notice period, defences. - Section 8 Ground 14A: domestic violence in social housing
Ground 14A, Schedule 2 HA 1988: domestic violence cases for specified social and registered landlords only. Discretionary ground, 2 weeks notice. - Section 8 Ground 15: damage to furniture
Ground 15, Schedule 2 HA 1988: deterioration of furniture provided under the tenancy. Discretionary ground, 2 weeks notice. Defences and reasonableness.
Related guidance inside this topic
- If your next step turns on Section 8 grounds and possession procedure, read how to challenge an eviction notice.
- For the dates, forms, and evidence behind Section 8 grounds and possession procedure, see eviction timeline guide before you respond.
- If this issue overlaps with Section 8 grounds and possession procedure, check Eviction court hearing: what tenants should expect to compare the legal tests.
- For a fuller breakdown of Section 8 grounds and possession procedure, use what invalidates a Section 8 notice for the underlying rule set.
- If you need the route-specific rules on Section 8 grounds and possession procedure, start with Section 8 checker so you can check the dates and documents against your own case.
Sources used for this guide
These are primary legislation and public guidance sources that support the legal-information framework used on this page.
- Housing Act 1988
Primary statute for assured tenancies, Section 8 possession notices, Schedule 2 grounds, and legacy Section 21 rules. - Renters' Rights Act 2025
Primary reform statute referenced by these guides for the 2026 private rented sector changes in England. - GOV.UK assured tenancy forms guidance
Official forms guidance for assured tenancy possession notices, including the current Section 8 notice forms used in England. - GOV.UK: grounds for possession tenant guidance
Government guidance for tenants on possession notices, grounds, court, possession order, and enforcement stages. - Shelter Legal: Section 8 notices
Shelter Legal guidance on Section 8 notice validity, Form 3, particulars, service, notice periods, and time limits.
Related articles
- Section 8 eviction grounds in 2026
The main guide to mandatory and discretionary Section 8 grounds, notice periods, evidence, and court reasoning. - Can my landlord evict me in 2026?
A route-selection guide for tenants trying to distinguish valid possession, informal pressure, and unlawful eviction. - Section 8 notice periods by ground in 2026
Section 8 notice periods by ground after 1 May 2026. Compare rent arrears, sale, occupation, breach and anti-social behaviour timings. - Section 8 Form 3A and Form 3: what tenants should check
Received a Section 8 notice in England? Check Form 3A or an older Form 3 for missing details, dates and grounds. Start a free notice check. - Possession order: what happens next?
What happens after a possession order in England: dates, suspended orders, outright orders, warrants, bailiffs, urgent advice, and evidence to keep.
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 it is reasonable. Many landlords plead both grounds in the alternative.
- Can I get a payment plan after the hearing?
- Yes. Even after a possession order is made, the court has powers to suspend or postpone enforcement under section 9 of the Housing Act 1988. Apply to the court if your circumstances change - for example, you start a new job and can resume payments.
- Will my landlord accept a payment plan?
- A written, affordable payment proposal may help negotiation and may be relevant to reasonableness on Grounds 10 or 11. It does not defeat Ground 8 if the mandatory threshold remains met at both statutory dates.
- 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.
