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England Form 3A ground guide

Section 8 Ground 10: Any rent arrears

Is your tenant behind with rent, but the arrears may not meet the Ground 8 threshold? Check the current Form 3A notice requirements, evidence to keep and what to do if your tenant does not leave.

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A clearer route from ground to possession

What to prepare for Ground 10: Any rent arrears

Keep the reason for possession, the notice, proof of service and later court evidence consistent from the outset. Choose the route that matches what you need to do next.

Match the facts

Use the ground only where your evidence supports the reason you will give.

Prepare and serve

Check the notice details, timing and service record before you send anything.

Keep the file joined up

Store the notice, service proof and supporting documents for any court stage.

Choose your document route

Start at the stage your case is actually in

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Waterbrush illustration of a Section 8 notice, service record and delivery checklist

Stage 1: serve the Section 8 notice

£39.99

Choose this route when your immediate job is preparing Form 3A and a clear service record before anything is sent to the tenant.

Problem it solves: It keeps the ground, tenant details, notice date and service evidence in one notice-stage file.
Risk if this is not the right stage: If the tenant stays, you will still need to prepare the court claim file at the next stage.
Landlord outcome: You have a structured notice and service route ready to review, approve and serve yourself.

See the notice route

Waterbrush illustration of a possession claim bundle, court forms and property keys

Stage 2: build the full possession file

£69.99

Choose this route when you want the Section 8 notice and the court-stage forms, evidence structure and hearing prompts planned together.

Problem it solves: It avoids building the notice file first and then trying to reconstruct the same facts for court later.
Risk if this is not the right stage: If you only need to serve notice now, this may be more preparation than your case needs today.
Landlord outcome: You can prepare one joined-up file for notice, N5, N119, evidence and the court stage.

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Section 8 notice assistance

For landlords who need the Form 3A notice, service plan and evidence prompts checked before serving.

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Full Eviction Assistance artwork labelled with Form 3A, N5, N119, service record, evidence checklist and court bundle

Full eviction case assistance

For landlords who want the Section 8 notice plus N5, N119, service record, evidence bundle and court-stage file prepared together.

Book a free consultation · £399.00

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.

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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.

Assisted prep

Want us to prepare the Section 8 notice with you?

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What Ground 10 means for you

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.

See a real Form 3A notice with sample Ground 10 evidence.

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 you need to show

Your notice needs to explain the ground and the reasons you rely on. If your tenant does not leave, you will need to prove those same facts at court with documents, service records and a witness statement.

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.

What to do before you serve 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.

Download the ungated Ground 10 PDF checklist.

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.

If your tenant does not leave

For the court stage, you need a claim form, particulars of claim, a copy of the notice, proof of service and evidence that proves this 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.

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Ground 10 FAQs

Answers to common landlord questions about using Ground 10 in England.

Yes, Ground 10 can apply where rent is unpaid, but because it is discretionary the court decides whether possession is reasonable.

It is not mandatory, but it can support a case where Ground 8 arrears may fall below the threshold before hearing.

Courts do not pre-approve notices. A current Form 3A helps present the arrears clearly, but the court decides the outcome.

Add Ground 11 if the tenant has persistently paid late, even if arrears vary. The grounds answer different arrears behaviours.

Update the schedule. Payment may affect reasonableness, but the full history can still matter.