Section 8 Ground 10 & 11 - Discretionary Rent Arrears Eviction (England)

Ground 10 and Ground 11 are discretionary grounds for possession under Schedule 2 of the Housing Act 1988. Unlike the mandatory Ground 8, these grounds don't guarantee possession—the court must also decide it's reasonable to evict. However, they're invaluable when Ground 8 conditions aren't met or as a backup strategy.

Overview of Grounds 10 and 11

Both grounds deal with rent arrears but in different ways:

Because both are discretionary, even if you prove the ground applies, the judge must still be satisfied that it's reasonable to order possession. This gives tenants an opportunity to explain their circumstances and potentially keep their home.

Ground 10 Explained

Ground 10 applies when some rent lawfully due from the tenant is unpaid at both:

• The date the Section 8 notice was served, AND
• The date of the court hearing

Key Features

• No minimum amount: Unlike Ground 8, there's no threshold. Even £1 of arrears qualifies
• Must exist at both dates: Arrears must be present when you serve notice AND at the hearing
• Lawfully due: The rent must be legally owed under the tenancy agreement
• Discretionary: Judge decides if eviction is reasonable

Notice Period

Ground 10 requires a minimum of 2 weeks' notice on the Section 8 notice (the same as Ground 8). The notice period starts from the date of service.

Ground 11 Explained

Ground 11 is unique among arrears grounds. It applies when the tenant has persistently delayed paying rent, regardless of whether any rent is currently owed.

Key Features

• No current arrears required: Tenant may be fully paid up at the hearing
• Pattern of behaviour: Focuses on history of late payments
• Persistent delay: Must show a pattern, not just occasional lateness
• Discretionary: Judge considers whether eviction is reasonable

What Counts as Persistent Delay?

There's no strict legal definition, but courts typically look for:

• Regular pattern of late payments over multiple months
• Rent repeatedly paid days or weeks after due date
• History of chasing payments, reminders, or threats of action
• Previous arrears that were cleared only under pressure

Notice Period

Ground 11 also requires a minimum of 2 weeks' notice.

Grounds 10/11 vs Ground 8

Understanding the differences helps you decide which grounds to use:

The Reasonableness Test

For discretionary grounds, the judge must consider whether it's reasonable to order possession. This involves weighing various factors:

Factors the Court Considers

In Favour of the Landlord:

• History of non-payment despite reminders
• Amount of arrears and how they accumulated
• Impact on the landlord (mortgage, expenses, financial hardship)
• Previous court orders or agreements breached
• Lack of communication from tenant
• No realistic prospect of tenant catching up

In Favour of the Tenant:

• Temporary circumstances (job loss, illness, relationship breakdown)
• Benefits claim pending or in process
• Vulnerable tenant or household members (children, elderly, disabled)
• Realistic payment plan proposed
• Recent improvement in payment behaviour
• Long tenancy with good history before issues

When to Use These Grounds

Use Grounds 10 and 11 in these situations:

Backup for Ground 8

Always include them with Ground 8. If the tenant pays down arrears below 2 months before the hearing, Ground 8 fails but you can still pursue possession on Grounds 10/11.

When Arrears Are Below 2 Months

If arrears haven't reached 2 months (8 weeks for weekly rent), Ground 8 isn't available. Ground 10 works with any amount owed.

Chronic Late Payers

For tenants who always pay eventually but always late—creating constant stress and cash flow problems— Ground 11 is specifically designed for this scenario.

After Arrears Cleared Under Pressure

If a tenant repeatedly builds up arrears then clears them when threatened with eviction, Ground 11 captures this pattern. The payment history tells the story even if current arrears are zero.

Evidence You Need

Strong evidence is essential for discretionary grounds because you need to persuade the judge that possession is reasonable:

For Ground 10:

• Rent ledger: Showing arrears at notice date and current balance
• Tenancy agreement: Confirming rent amount and due date
• Bank statements: Corroborating payment records
• Chasing correspondence: Letters, emails, texts about non-payment
• Notice and proof of service: Your Section 8 notice with delivery evidence

For Ground 11:

• Complete payment history: Full record from tenancy start showing payment dates
• Due dates vs payment dates: Highlight the pattern of late payment
• Reminders sent: Evidence of chasing payments
• Previous agreements: Any payment plans agreed and then breached
• Impact statement: How persistent delays have affected you

Demonstrating Reasonableness

• Your financial position: Mortgage statements, income reliance
• Communication attempts: Efforts to resolve the issue
• Length of problem: How long this has been going on
• Tenant's proposals: Whether they've offered solutions (and whether those are realistic)

Likely Court Outcomes

For discretionary grounds, the court has more options than simply granting or refusing possession:

Outright Possession Order

Granted when the judge concludes the tenant is unlikely to maintain payments and eviction is reasonable. Tenant must leave by a specified date (typically 14 days, up to 42 days for hardship).

Suspended Possession Order

Most common outcome for rent arrears. Possession is granted but suspended as long as the tenant pays:

• Current rent on time, PLUS
• An agreed amount toward arrears (e.g., £50-100/month)

If the tenant defaults on these terms, the landlord can apply for a warrant without returning to court for a new hearing. This gives the tenant a chance while protecting the landlord.

Adjournment

The judge may adjourn (postpone) the case to see if the tenant's circumstances improve—for example, if a benefits claim is pending or they've just started a new job.

Claim Dismissed

If the judge finds eviction unreasonable despite the ground being proven—perhaps the tenant has vulnerable circumstances and a realistic plan to pay—the claim may be dismissed.

Ground 10/11 FAQ