How many months of rent arrears for Ground 8?

Three months of rent, or 13 weeks if rent is paid weekly or fortnightly. The arrears must exist when the notice is served and at the court hearing.

What notice period does Ground 8 have?

Four weeks, counted from the day the notice is served. The earliest date to apply to court is the day after the period ends.

Is Ground 8 mandatory?

Yes. If the landlord proves it, the court must order possession, although it can delay the date by up to six weeks in cases of exceptional hardship.

Can a tenant stop a Ground 8 claim by paying?

If the arrears fall below the threshold by the hearing, Ground 8 no longer applies. A landlord may still rely on discretionary arrears grounds.

Ground 8: rent arrears and the notice period

How much rent has to be owed, how much notice is needed, and what happens at court, for Ground 8 notices in England from 1 May 2026.

By Charles Worth · Last checked 29 October 2026

Ground 8 is the main mandatory ground for rent arrears. If a landlord proves it, the court must order possession. The rules changed on 1 May 2026.

How much rent must be owed

GOV.UK says the threshold is now three months of rent, or 13 weeks if rent is paid weekly or fortnightly. Before the change it was two months. The arrears have to exist both when the notice is served and at the court hearing. If the tenant has paid enough to bring the arrears under the threshold by the hearing, Ground 8 no longer works.

How much notice

Ground 8 needs four weeks' notice, which is 28 days counted from the day of service. The earliest day to apply to court is the day after the period ends. A notice served on 1 December 2026 gives an earliest date of 29 December 2026. The Section 8 notice calculator works this out for any date.

If the notice also relies on a ground with a longer period, such as Ground 7 (two months), the longer period applies.

What the court can do

Ground 8 is mandatory, so the court must order possession if the ground is proved. Under the Form 3A guidance the court can delay the date by up to six weeks in cases of exceptional hardship. A landlord can also rely on the discretionary arrears grounds (10 and 11). They have four weeks' notice as well, but the court only orders possession on them if it is reasonable.

Things that can stop a Ground 8 claim

Debt breathing space. GOV.UK says an arrears notice cannot be served while the tenant is in a breathing space, and a notice affected by one can be extended by up to eight weeks.
Deposit not protected. A landlord who has not protected the deposit properly cannot get possession, except on antisocial behaviour grounds. They can usually fix this first. See the deposit rules guide.
Landlord not registered on the landlord database, where that requirement applies.
12-month limit. Court proceedings normally have to start within 12 months of the date of service.

If you are the tenant

Do not ignore the notice. Check the arrears figure, because the amount owed at the hearing is what counts. Pay what you can, tell the landlord, and get advice early from Shelter, Citizens Advice or a debt adviser. This site cannot give advice on your case.

Common questions

How many months of rent arrears for Ground 8?: Three months of rent, or 13 weeks if rent is paid weekly or fortnightly. The arrears must exist when the notice is served and at the court hearing.
What notice period does Ground 8 have?: Four weeks, counted from the day the notice is served. The earliest date to apply to court is the day after the period ends.
Is Ground 8 mandatory?: Yes. If the landlord proves it, the court must order possession, although it can delay the date by up to six weeks in cases of exceptional hardship.
Can a tenant stop a Ground 8 claim by paying?: If the arrears fall below the threshold by the hearing, Ground 8 no longer applies. A landlord may still rely on discretionary arrears grounds.