Section 8 Ground 8: serious rent arrears
Direct answer
Ground 8 is a mandatory possession ground for serious rent arrears under Schedule 2 of the Housing Act 1988. Both the threshold and the notice period depend on the notice date. For notices served on or after 1 May 2026, the post-reform threshold is 3 months' rent for monthly tenancies (13 weeks for weekly or fortnightly rent) and the notice period is 4 weeks. For notices served before 1 May 2026 and still being heard in the transition window, the legacy threshold of 2 months' rent (or 8 weeks for weekly rent) and the legacy 2-week notice period continue to apply. The landlord must show arrears at or above the applicable threshold at both the notice date and the hearing date. Bringing arrears below the threshold before the hearing, even by a small amount, defeats the mandatory ground.
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 Section 21 validity guides.
- For the dates, forms, and evidence behind legacy Section 21 notice rules, see legacy Section 21 checker before you respond.
- If this issue overlaps with section 13 rent increase rules, check rent rise checker to compare the legal tests.
- For a fuller breakdown of landlord repair duties, use landlord repairs checker for the underlying rule set.
- If you need the route-specific rules on legacy Section 21 notice rules, start with Section 21 transition rules so you can check the dates and documents against your own case.
Related articles
- Rent increase rules in England
The split between pre-1 May 2026 and post-1 May 2026 section 13 rules, including Form 4, Form 4A, notice periods, and tribunal rights. - Tenant rights in England: complete guide
The main overview page linking eviction, repairs, deposit protection, rent increases, and illegal eviction rights together. - Renter questions answered
Plain-English answers to the most-asked questions from private renters in England — eviction, deposits, rent increases, repairs, illegal eviction, and pets. - 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 current Ground 8 arrears threshold?
- It depends on rent period and notice date. For monthly rent under the post-1 May 2026 framework, 3 months' rent at both notice and hearing. For weekly or fortnightly rent, 13 weeks. Notices served before 1 May 2026 used a lower threshold (2 months / 8 weeks).
- What happens if I get below the threshold at the hearing?
- Ground 8 fails — the court cannot make a possession order on that ground. The landlord may still succeed on Grounds 10 or 11 (discretionary), but the court has to be satisfied possession is reasonable, and a suspended order is much more likely.
- Does a Ground 8 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.