How Much Rent Arrears Before Eviction? The Real Threshold
Ground 8's 3-month/13-week threshold, checked at notice and at hearing, the Universal Credit exception, and the discretionary Grounds 10 and 11 landlords use below it.
The short answer
Under Ground 8, the mandatory arrears ground, a tenant has to owe at least 3 months’ rent (if rent is paid monthly) or 13 weeks’ rent (weekly or fortnightly) — and gov.uk's guidance is explicit that this has to be true both on the day the notice is given and at the date of the court hearing. Below that threshold, a landlord can still seek possession on discretionary grounds, just without the court being obliged to grant it. This page covers assured tenancies in England; Scotland and Wales run separate tenancy law with their own arrears rules.
Ground 8 — the mandatory threshold
gov.uk's landlord guidance sets the figure precisely: “Your tenant will need to owe you 3 months or 13 weeks rent on the day you give them the notice and at the date of the hearing.” Both conditions matter. If a tenant pays down some arrears between the notice and the hearing and drops below the threshold, Ground 8 fails on the day of the hearing even though it was met when the notice was served — which is exactly why landlords relying on arrears commonly plead Ground 8 alongside the discretionary Ground 10, as a fallback. The notice period for Ground 8 is 4 weeks, and because it's mandatory, if the threshold is still met at the hearing the court must order possession.
The Universal Credit exception
There's a specific, named carve-out most explainers miss. gov.uk's guidance states: “If your tenant owes 3 months or 13 weeks rent because they have not received their Universal Credit, you will not be able to evict them” under Ground 8. In other words, arrears that exist specifically because a Universal Credit (or equivalent benefit) payment hasn't come through yet don't count toward the mandatory Ground 8 route — a landlord in that situation would need to rely on a discretionary ground instead, where the court weighs the reason for the arrears as part of deciding whether possession is reasonable.
Below the threshold: Grounds 10 and 11
| Ground | Notice & what it covers |
|---|---|
| Ground 10 — any rent arrears | Discretionary · 4 weeks’ notice · covers arrears of any size, including below the Ground 8 threshold; the court decides whether possession is reasonable on the facts |
| Ground 11 — persistent delay paying rent | Discretionary · 4 weeks’ notice · targets a pattern of repeatedly paying late, even if the tenant isn't in significant arrears at the point of the hearing |
Both are discretionary: proving the ground is necessary but not sufficient — the court also has to be satisfied it's reasonable to grant possession, taking into account the tenant's circumstances, any payment plan in place, and how the arrears arose. A landlord relying only on Ground 10 or 11, without also meeting the Ground 8 threshold, should expect the court to look far more closely at the facts than it would on a mandatory ground.
What tenants facing an arrears notice can do
Paying down arrears below the Ground 8 threshold before the hearing date removes the mandatory route, even if it doesn't guarantee the discretionary grounds fail too. Contacting the council about a Discretionary Housing Payment, checking for a Universal Credit delay that might trigger the exception above, and getting advice from Shelter or a local advice service before the hearing date are the practical steps that actually change the outcome — simply ignoring the notice does not.
What landlords should document
Because arrears grounds turn on precise, date-specific figures, a clear rent ledger matters more here than almost anywhere else in a tenancy: the amount due each period, the amount actually received and when, and a running balance, so the 3-month/13-week position on both the notice date and the hearing date can be shown without dispute. For Ground 11 specifically, a pattern of individual late payments (even small ones) over time is the evidence that matters, not just the current balance. Legal costs of pursuing an arrears possession claim are generally deductible against rental income — see legal fees: deductible? — and unpaid rent itself is only taxable as it's actually received if you use the cash basis, which most individual landlords do.
read 12 September 2026: Grounds for possession: guidance for landlords and letting agents (GOV.UK) · Grounds for possession: guidance for tenants (GOV.UK)
Quick answers
3 months' rent (if paid monthly) or 13 weeks' rent (if paid weekly or fortnightly) triggers the mandatory Ground 8 — but only if that threshold is still met at the court hearing, not just when the notice was served. Below that, possession is never guaranteed; it depends on the court's view of the discretionary Grounds 10 or 11.
Yes. gov.uk's guidance states a landlord cannot evict under Ground 8 if the tenant owes the threshold amount specifically because their Universal Credit hasn't come through yet.
Ground 8 is mandatory and needs 3 months'/13 weeks' arrears at both notice and hearing. Ground 10 is discretionary and covers any level of arrears. Ground 11 is discretionary and targets a pattern of persistently paying rent late, even without large arrears. All three need 4 weeks' notice.
Paying down arrears below the Ground 8 threshold removes the mandatory route, because gov.uk's guidance requires the threshold to be met at the date of the hearing, not just when the notice was served. It doesn't automatically stop a discretionary Ground 10 or 11 claim, where the court weighs the full picture.
4 weeks, for Ground 8, Ground 10 and Ground 11 alike, per gov.uk's guidance.
Sources
The primary documents this page is built from. Links checked 5 September 2026.
- Grounds for possession: guidance for landlords and letting agents — GOV.UK / MHCLG
- Grounds for possession: guidance for tenants — GOV.UK / MHCLG
- Renters' Rights Act 2025 Schedule 1 — grounds for possession — legislation.gov.uk