England Form 3A full guide
How to Evict a Tenant Using Ground 10 - Any Rent Arrears
Use this landlord guide to check what Ground 10 means, the current post-May 2026 notice period, the evidence to gather, the mistakes to avoid, and the safest next document step before serving Form 3A.
Ground meaning
Ground 10 is the discretionary rent arrears ground. It can apply where some rent is unpaid, even if the arrears do not meet the Ground 8 threshold.
Mandatory or discretionary status
Ground 10 is discretionary.
Current notice period
The current post-May 2026 notice period is 4 weeks.
What Ground 10 means for landlords
Ground 10 is the discretionary rent arrears ground. It can apply where some rent is unpaid, even if the arrears do not meet the Ground 8 threshold.
Ground 10 is discretionary, so the court must decide whether it is reasonable to make a possession order. Evidence of arrears, payment history, and landlord conduct all matter.
When this ground fits and when it does not
Use this ground when
- The tenant owes rent but the arrears are not necessarily high enough for Ground 8.
- You want an arrears ground that can support Ground 8 if arrears change.
- You can show a clean rent ledger and attempts to resolve payment.
Do not rely on it when
- There are no rent arrears at service or hearing.
- The debt is only damages, bills, or fees rather than rent.
- The arrears record is too unclear to prove.
What the landlord must prove
The notice must set out the substance of the ground and the reasons relied on. If the tenant does not leave, the landlord must prove the same facts at court with documents, service records, and witness evidence.
- Rent due and unpaid at the relevant dates.
- A rent account that separates rent from other debts.
- Arrears correspondence and any repayment proposals.
- Why possession is reasonable despite the discretionary nature of the ground.
Step-by-step landlord workflow before serving Form 3A
- Reconcile rent arrears and remove non-rent charges from the schedule.
- Decide whether Grounds 8 or 11 should also be included.
- Prepare Form 3A with a clear arrears explanation.
- Serve the 4-week notice and preserve proof.
- Keep updating the rent account until hearing.
Post-May 2026 compliance note
For post-May 2026 England cases, use Form 3A or a form substantially to the same effect, give the right notice period, and write out the ground and reasons clearly. Keep deposit compliance, prescribed information, notice service, and court proof ready unless a ground-specific exception applies.
Current GOV.UK guidance says the court can dismiss or delay a claim if the notice is incomplete, inaccurate, or unsupported by evidence. Treat the notice, checklist, and evidence bundle as one consistent file from the start.
Ground 10 evidence checklist
Ground 10 evidence should show what rent is unpaid and why the arrears justify possession.
- Rent schedule showing each rent period, amount due, payments, and arrears.
- Tenancy agreement rent clause.
- Bank statements, rent ledger, or accounting export.
- Arrears letters, emails, texts, and repayment-plan history.
- Evidence of current arrears at the time of hearing.
Common mistakes with Ground 10
- Treating Ground 10 as mandatory.
- Mixing rent arrears with damages or utility debts.
- Failing to explain why possession is reasonable.
- Leaving Ground 11 out where late payment is persistent.
- Serving without a schedule that can be updated.
Court progression and Complete Pack next step
If the tenant does not leave after the notice, the court stage needs a claim form, particulars of claim, a copy of the notice, proof of service, and evidence proving the ground.
- The court may make possession, adjourn, suspend, or dismiss depending on reasonableness.
- A consistent payment history helps the judge understand the seriousness of the arrears.
- Use Complete Pack where you need to argue discretion with a clear evidence bundle.
Related grounds
Ground 10 FAQs
Answers to common landlord questions about using Ground 10 in England.