- Since 1 May 2026, the mandatory rent arrears ground (Ground 8) needs at least three months' rent owed (or 13 weeks on weekly rent), up from two months.
- The arrears must be over the threshold both when the notice is served and at the hearing. Notice is now a minimum of four weeks.
- Arrears caused only by a Universal Credit payment not yet received are ignored when the court counts what is owed.
- Private landlords must use the new Form 3A. Older Form 3 notices are no longer valid for private assured tenancies.
- Court timings are long: the median from claim to repossession was 27.1 weeks in April to June 2026, so early action is the best protection.
The three rent arrears grounds
Section 21 "no-fault" notices ended for private tenancies on 1 May 2026, so arrears cases now rely on three Section 8 grounds. Only Ground 8 is mandatory: if it is proved, the judge must order possession. Grounds 10 and 11 are discretionary, so the court decides what is reasonable and can give the tenant another chance, often with a payment plan.
| Ground | What it needs | Type |
|---|---|---|
| Ground 8 | At least 3 months' rent owed (13 weeks if weekly), at notice and at the hearing | Mandatory |
| Ground 10 | Some rent unpaid when the notice is served and when the claim starts | Discretionary |
| Ground 11 | Rent persistently paid late, even if nothing is owed now | Discretionary |
All three need at least four weeks' notice. Landlords usually rely on them together: if a tenant pays just enough to drop below the Ground 8 threshold before the hearing, Grounds 10 and 11 can still carry the case.
What has changed, and why it matters
- Higher threshold: Ground 8 now needs three months' arrears, not two. On a £2,500 monthly rent, that is £7,500 owed before the mandatory ground is available.
- Longer notice: four weeks minimum instead of two.
- Universal Credit: the court ignores any amount unpaid only because the tenant has not yet received a Universal Credit housing payment.
- Notice lasts 12 months: a valid notice can be used to start a court claim for up to 12 months from service.
- Deposit defence: an unprotected deposit, or missing prescribed information, is now a defence to most private possession claims, so check the paperwork before you serve anything.
What the court figures show
Ministry of Justice figures for April to June 2026, the first quarter to include the new rules, show 23,635 landlord possession claims in England and Wales (up 6% on a year earlier), 9,715 warrants (down 6%) and 6,560 repossessions (down 3%). The median time from claim to repossession was 27.1 weeks. The Ministry says it is too early to tell how much of the change is due to the new Act.
Add the arrears build-up and the notice period to that court time, and a serious arrears case can run for many months. The practical lesson: the earlier a problem is spotted and handled, the smaller it stays.
Key dates
What to do now
- Chase from day one. A friendly reminder the day rent is missed, then a written follow-up within a week. Keep a dated record of every contact.
- Keep a clear rent statement. Courts rely on an accurate, up-to-date schedule of what was due and what was paid.
- Check the tenant's situation. If Universal Credit is involved, you can ask the DWP for a managed payment or arrears deduction; DWP guidance allows deductions once arrears reach two months' rent.
- Check your paperwork first. Deposit protected and prescribed information served, plus gas safety, EPC and the other required documents in place.
- Use the right notice. Serve Form 3A from GOV.UK, citing Grounds 8, 10 and 11 where they apply, and give at least four weeks.
- Take advice before court. A mistake on the notice can mean starting again, and the court cannot waive the notice requirement for Ground 8.
Full management with Morgan Prescott includes rent collection and structured arrears follow-up from day one, with referencing, deposit protection and the compliance file kept in order so the paperwork stands up if it is ever needed. For landlords who want a fixed monthly income instead, guaranteed rent on 2–5 year terms is available for qualifying properties.
Full property management in London →Questions landlords ask
How much rent must be owed before I can use Ground 8?
How much notice do I give for rent arrears?
Can I still use Section 21 if my tenant is in arrears?
What if the arrears are because of Universal Credit?
How long does it take to get possession?
- Ministry of Justice: Mortgage and landlord possession statistics, April to June 2026
- GOV.UK: Assured tenancy forms (Form 3A)
- GOV.UK: Evicting tenants (England)
- NRLA: Section 8, repossessing where your tenant is in arrears
- NRLA: Section 8 notices, a guide for landlords in England
- Shelter: What the Renters' Rights Act means for rent arrears evictions
- Shelter: Universal Credit deductions for rent arrears
Next update: The Ministry of Justice is expected to publish the next quarterly possession figures (July to September 2026) in November 2026.
General information, not legal advice. Rules and figures change, so check GOV.UK or a qualified adviser before acting.