Article Information
Last reviewed: August 2026
Reading time: 7 minutes
Applies to: England
Legislation: Renters’ Rights Act 2025
Category: Rent Arrears
Ground 10 Rent Arrears Explained describes the statutory grounds for possession available under Schedule 2 to the Housing Act 1988, as amended by the Renters’ Rights Act 2025. It may be relied upon where rent lawfully due from the tenant remains unpaid both when the Section 8 Notice is served and at the date of the possession hearing.
Ground 10 allows landlords to seek possession where a tenant owes rent both when a Section 8 Notice is served and at the date of the court hearing.
Unlike Ground 8, Ground 10 does not require a minimum level of rent arrears. However, because it is a discretionary ground, the court will consider all the circumstances when deciding whether it is reasonable to grant possession.
This guide explains:
- When Ground 10 can be used
- How Ground 10 differs from Ground 8
- The evidence landlords should prepare
- Common mistakes to avoid
- Frequently asked questions
Whether you’re considering serving a Section 8 Notice or simply want to understand your legal options, this guide explains how Ground 10 operates under the Renters’ Rights Act 2025.
Ground 10 Rent Arrears Explained – Key Points
- Ground 10 is discretionary.
- No minimum level of arrears is required.
- Rent must still be outstanding when the notice is served and at the hearing.
- Landlords commonly rely on Grounds 8, 10 and 11 together where appropriate.
Ground 10 Rent Arrears Explained
What Is Ground 10 Rent Arrears?
Ground 10 Rent Arrears Explained describes one of the statutory possession grounds available to landlords under Schedule 2 of the Housing Act 1988, as amended by the Renters’ Rights Act 2025 It applies where a tenant owes some rent both when a Section 8 Notice is served and at the date of the court hearing.
Unlike Ground 8, there is no minimum amount of rent arrears required. Even relatively small arrears may satisfy Ground 10, although the court has discretion to decide whether it is reasonable to make a possession order.
Ground 10 Rent Arrears Explained details this discretionary ground, and how the court will consider all the circumstances of the case, including the amount of arrears, the tenant’s payment history, any attempts to reduce the debt and whether granting possession would be reasonable.
Practice Tip: Landlords commonly rely on Grounds 8, 10 and 11 together where appropriate. If the arrears reduce below the Ground 8 threshold before the hearing, the court may still consider Grounds 10 and 11, although possession is not guaranteed because both are discretionary grounds.
Ground 10 Rent Arrears Explained –
When Can Ground 10 Be Used?
Ground 10 Rent Arrears Explained describes how a landlord may rely on Ground 10 where the tenant owes any amount of rent both:
- When the Section 8 Notice is served.
- On the date of the court hearing.
Unlike Ground 8, there is no minimum arrears threshold. However, because Ground 10 Rent Arrears Explained confirms this is a discretionary ground, the court must be satisfied that it is reasonable to grant possession.
The landlord should ensure that the rent account is accurate and includes all payments received, including Housing Benefit or Universal Credit payments where applicable. Any errors in the rent schedule could weaken the possession claim.
Practice Tip: Before serving a Section 8 Notice, check the rent account carefully. If recent payments have not yet been credited, waiting a few days may avoid inaccuracies that could be challenged in court.
Ground 10 Rent Arrears Explained –
Ground 10 vs Ground 8: What’s the Difference?
| Feature | Ground 8 | Ground 10 | Ground 11 |
|---|---|---|---|
| Type of ground | Mandatory | Discretionary | Discretionary |
| Minimum arrears required | Yes | No | No |
| Court must grant possession if requirements are met? | Yes, if the statutory requirements are met | No – the court decides whether it is reasonable | No – the court decides whether it is reasonable |
| Must arrears exist when the notice is served? | Yes | Yes | No – the focus is on persistent late payment |
| Must arrears still exist at the court hearing? | Yes | Yes | No – the court considers the tenant’s payment history, even if arrears have been cleared |
| Main focus | Serious rent arrears | Any rent arrears outstanding | Persistent delay in paying rent |
| Commonly used with other grounds | Yes | Yes | Yes |
Key Takeaway: Many landlords rely on Grounds 8, 10 and 11 together. If the tenant reduces the arrears below the Ground 8 threshold before the hearing, the court may still consider Grounds 10 and 11, although possession is not guaranteed because they are discretionary grounds.
Ground 10 Rent Arrears Explained –
What Evidence Should Landlords Keep?
A successful possession claim relies not only on the existence of rent arrears but also on the quality of the landlord’s evidence. Before serving a Section 8 Notice, landlords should ensure they have accurate, up-to-date records that clearly demonstrate the tenant’s rent account and any steps taken to recover the arrears.
Depending on the circumstances, landlords should consider retaining:
- A signed copy of the tenancy agreement.
- A complete and up-to-date rent statement.
- Records of all rent payments received.
- Copies of rent reminders and correspondence with the tenant.
- Records of any Housing Benefit or Universal Credit payments.
- Proof that the Section 8 Notice was served correctly.
- Copies of any repayment agreements or payment plans.
- Copies of any correspondence relating to agreed repayment arrangements.
Practice Tip: A well-prepared rent statement is often one of the most important documents in a possession claim. Before serving a Section 8 Notice, double-check that every payment has been correctly recorded and that the balance is accurate.
Ground 10 Rent Arrears Explained –
Common Mistakes to Avoid
Introduction
Even where rent arrears exist, mistakes in the possession process can delay proceedings or reduce the likelihood of a successful outcome. Before serving a Section 8 Notice, landlords should ensure they understand how Ground 10 operates and prepare their evidence carefully.
Assuming Ground 10 Guarantees Possession
Unlike Ground 8, Ground 10 is a discretionary ground. This means the court will consider whether it is reasonable to grant possession based on all the circumstances of the case. Simply proving that rent is owed does not automatically result in a possession order.
Relying on Ground 10 Alone
Where appropriate, landlords should consider whether additional possession grounds are available. Relying on more than one ground may provide greater flexibility if circumstances change before the court hearing.
Poor Record Keeping
Courts expect landlords to provide clear evidence of the tenancy, rent arrears and service of the Section 8 Notice. Keeping organised records from the outset can reduce delays and strengthen a possession claim.
Ignoring Tenant Defences
Sometimes tenants dispute the rent account or argue that disrepair, benefit delays or other issues have contributed to the arrears. Landlords should ensure their records are complete and consider taking advice before commencing possession proceedings.
Practice Tip: Before serving a Section 8 Notice, review the tenancy agreement, rent account and supporting documents together. Taking time to identify any errors at this stage may prevent costly delays later.
Ground 10 Rent Arrears Explained – Frequently Asked Questions
Can I use Ground 10 if the tenant only owes a small amount of rent?
Yes. Unlike Ground 8, Ground 10 does not require a minimum level of rent arrears. However, because it is a discretionary ground, the court must still be satisfied that it is reasonable to grant possession.
Can I rely on Ground 8 and Ground 10 together?
Yes. Where appropriate, landlords often rely on multiple possession grounds in the same Section 8 Notice. This can provide greater flexibility if the circumstances change before the court hearing.
Does the tenant have to owe rent at the court hearing?
Yes. Ground 10 requires that some rent is outstanding both when the Section 8 Notice is served and at the date of the court hearing.
Can Landlord Assist UK help me prepare a Section 8 Notice?
Yes. We provide fixed-fee support to help landlords prepare Section 8 Notices, understand the possession process and avoid common procedural mistakes.
Does Ground 10 end the tenancy?
No.
Serving a Section 8 Notice does not end the tenancy. If the tenant does not leave voluntarily, the landlord will usually need to obtain a possession order from the court before possession can lawfully be recovered.
Need Help Serving a Section 8 Notice?
Preparing a Section 8 Notice correctly is essential. Errors in the notice, rent account or supporting documents can lead to unnecessary delays and additional costs.
At Landlord Assist UK, we provide fixed-fee support to help landlords prepare legally compliant Section 8 Notices and understand the possession process under the Renters’ Rights Act 2025.
Whether you need a notice prepared, checked or reviewed before service, we can help landlords understand the possession process, prepare compliant notices and avoid common procedural mistakes.
Our services include:
- Preparation of Section 8 Notices
- Guidance on possession grounds
- Review of tenancy documentation
- Advice on supporting evidence
- Fixed-fee landlord support
Contact Landlord Assist UK for a free initial discussion.
Ground 10 Rent Arrears Explained – Related Guides
Section 8 Notice Essential Guide (2026)
Ground 8 Rent Arrears Explained (2026)
Ground 11 Persistent Delay in Paying Rent Explained (Coming Soon)
How to Complete Form 3 Correctly (Coming Soon)
Disclaimer
The information in this Ground 10 Rent Arrears Explained guide is provided for general guidance only and reflects our understanding of the law at the date of publication. It should not be relied upon as legal advice for any individual case.
Housing law and possession procedures can change, and every tenancy is different. If you are unsure how the law applies to your circumstances, you should seek independent legal advice before taking action.