📋 Article Information
Last updated: August 2026
Reading time: 8 minutes
Applies to: England
Legislation: Renters’ Rights Act 2025
Category: Rent Arrears
Introduction
Ground 11 Persistent Delay in Paying Rent allows landlords to seek possession, even if there are little or no rent arrears outstanding at the date of the court hearing. Because Ground 11 is a discretionary ground, the court will consider the tenant’s payment history and all the circumstances of the case before deciding whether it is reasonable to grant possession.
Ground 11 Persistent Delay in Paying Rent explains:
- What Ground 11 is.
- When it can be used.
- The evidence landlords should keep.
- Common mistakes to avoid.
- Frequently asked questions.
Section 8 Rent Arrears Series:
● Ground 8 – Mandatory Rent Arrears
● Ground 10 – Some Rent Outstanding
● Ground 11 – Persistent Delay in Paying Rent
What Is Ground 11?
Ground 11 is one of the statutory grounds for possession contained in Schedule 2 to the Housing Act 1988, as amended by the Renters’ Rights Act 2025.
It applies where a tenant has persistently delayed paying rent, even if the rent account has been cleared by the time of the possession hearing.
Because Ground 11 is a discretionary ground, the court must decide whether it is reasonable to grant possession after considering all the circumstances of the case.
Practice Tip: Ground 11 is particularly useful where a tenant repeatedly pays rent late, causing ongoing management difficulties, even if they regularly clear the arrears before court proceedings.
When Can Ground 11 Be Used?
A landlord may consider relying on Ground 11 where there is evidence that the tenant has repeatedly failed to pay rent on time. The court will usually look at the tenant’s payment history rather than focusing solely on the amount of arrears outstanding on a particular date.
Evidence of persistent late payment over several months is generally more persuasive than relying on one or two isolated late payments.
As with all possession proceedings, landlords should ensure that their rent account is accurate and that supporting evidence is well organised before serving a Section 8 Notice.
Ground 8 vs Ground 10 vs Ground 11: 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 |
What Evidence Should Landlords Keep?
Unlike Grounds 8 and 10, Ground 11 is concerned with a tenant’s history of paying rent late, rather than the amount of arrears owed on a particular date. The strength of a Ground 11 claim will often depend on the quality of the landlord’s evidence.
Landlords should consider keeping:
- A complete rent statement showing payment dates.
- A copy of the tenancy agreement.
- Records of all rent demands and reminders.
- Copies of emails, letters or text messages relating to late rent payments.
- Records of any agreed repayment plans.
- Housing Benefit or Universal Credit payment information, where relevant.
- Evidence that the Section 8 Notice was served correctly.
Practice Tip: A payment history showing repeated late payments over several months is often more persuasive than focusing on one or two isolated occasions. Keep clear records showing both the rent due date and the date payment was actually received.
Common Mistakes to Avoid
Assuming Ground 11 Requires Large Rent Arrears
Ground 11 can apply even where the tenant owes little or no rent at the court hearing. The court will look at the tenant’s pattern of paying rent late rather than simply the balance outstanding.
Poor Record Keeping
Without an accurate rent statement showing when rent was due and when it was paid, it may be difficult to demonstrate a persistent pattern of late payment.
Relying on Ground 11 Alone
Where appropriate, landlords should consider whether Grounds 8 or 10 are also available. Relying on multiple grounds may provide greater flexibility if the circumstances change before the hearing.
Failing to Consider the Tenant’s Circumstances
As Ground 11 is discretionary, the court will consider all the circumstances of the case, including any explanations for the late payments and whether it is reasonable to grant possession.
Practice Tip: Before serving a Section 8 Notice, review the tenant’s payment history over the entire tenancy. A consistent pattern of late payments is generally more persuasive than relying on a short period of delay.
Frequently Asked Questions
Can I use Ground 11 if the tenant has cleared all the rent arrears?
Yes. Unlike Grounds 8 and 10, Ground 11 focuses on a persistent pattern of late payment rather than the amount of rent outstanding. Even if the tenant has cleared the arrears before the hearing, the court may still consider Ground 11. However, because it is a discretionary ground, the court must be satisfied that it is reasonable to grant possession.
How many late payments are needed before I can rely on Ground 11?
There is no fixed number. The court will consider the tenant’s payment history as a whole, including how often rent has been paid late, the length of the delays and the reasons for those delays.
Can I rely on Ground 11 together with Grounds 8 and 10?
Yes. Where appropriate, landlords often rely on several possession grounds within the same Section 8 Notice. This gives the court different grounds to consider depending on the circumstances at the hearing.
What evidence should I take to court?
Landlords should normally keep:
- A complete rent statement.
- The tenancy agreement.
- Records of payments received.
- Correspondence about rent arrears.
- Proof that the Section 8 Notice was served correctly.
Can Landlord Assist UK help?
Yes. We provide fixed-fee support to help landlords prepare compliant Section 8 Notices, review rent accounts and supporting documentation, and understand the possession process. We can help with Ground 11 Persistent Delay in Paying Rent claims as a stand alone ground or as part of multiple grounds ( recommended)? Scroll down for further details.
Related Guides
- Section 8 Notice Essential Guide (2026)
- Ground 8 Rent Arrears Explained (2026)
- Ground 10 Rent Arrears Explained (2026)
- Understanding the Possession Process (Coming Soon)
Disclaimer
The information in this Ground 11 Persistent Delay in Paying Rent guide is intended as 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.
Ground 11 Persistent Delay in Paying Rent is for guidance only. Housing law and possession procedures can change, and every case depends on its own facts. If you are unsure how the law applies to your circumstances, you should obtain independent legal advice before taking action.