The short version
Ground 8 is the mandatory arrears ground. Since 1 May 2026 it needs 13 weeks' rent unpaid where rent is weekly or fortnightly, or three months' where it is monthly — and the threshold has to be met on the day you serve and again on the day of the hearing. Quarterly and yearly rent no longer have a mandatory ground at all. Universal credit awarded but not yet paid is stripped out before you test.
Ground 8 threshold checker
Nothing is stored or sent anywhere.
The rule it is applying
| Rent frequency | Mandatory ground threshold | Notice |
|---|---|---|
| Weekly or fortnightly | 13 weeks' rent unpaid | 4 weeks |
| Monthly | 3 months' rent unpaid | 4 weeks |
| Quarterly | None — repealed 1 May 2026 | — |
| Yearly | None — repealed 1 May 2026 | — |
Twice, not once. Ground 8 opens with the words "Both at the date of the service of the notice… and at the date of the hearing". A tenant who pays enough to drop below the line before the hearing destroys the mandatory ground — which is exactly why you should plead Grounds 10 and 11 alongside it. All three now carry four weeks' notice, so it costs you nothing.
What the checker cannot tell you
Whether your deposit blocks it
Since 1 May 2026 the court can make a possession order only if the deposit is protected and the prescribed information served — on every ground except 7A and 14. Check this first; it is the most common reason arrears claims fail. Detail here.
What counts as rent
Ground 8 counts "rent lawfully due from the tenant". Unlawfully charged fees, disputed service charges and sums you are not contractually entitled to do not count.
Whether the disregard applies
Only amounts unpaid only because an awarded universal credit payment had not yet arrived are ignored. A shortfall between the housing element and the rent counts in full. This is new law with no reported decisions yet.
Deemed service
The four weeks runs from service, not from posting. Your agreement will usually deem when a posted notice takes effect.
My tenant owes two months. Can I serve Ground 8?
No — the threshold is three months for monthly rent since 1 May 2026. Grounds 10 and 11 have no threshold, but the court decides whether possession is reasonable.
Should I subtract the deposit from the arrears?
Not before the hearing. Applying the deposit reduces the arrears figure and can pull you under the threshold, defeating your own mandatory ground. Apply it after the possession order.
What if the rent changed during the tenancy?
The threshold is measured against the rent currently payable. Where rent has changed, work the arrears out instalment by instalment — the schedule the court wants covers two years anyway.
Does it matter how long the arrears took to build?
Not for Ground 8 — it is a level, not a duration. Persistent late payment that never reaches the threshold is Ground 11 territory.
Know the day you cross the line
The Landlord Alliance tracks rent due against rent paid and flags the day arrears cross the Ground 8 threshold, alongside your notice dates and deposit compliance. £10 a month, cancel anytime.
See what is includedEngland only. Position as at 1 September 2026. General information from a landlord, not legal advice. This tool runs entirely in your browser and stores nothing. Always check the position against Schedule 2 of the Housing Act 1988 before serving.
Sources: Housing Act 1988 Sch 2 Grounds 8, 10 and 11 and s.8(3)(c), (4AA) and (5); Renters' Rights Act 2025 Sch 1 para 24; SI 2026/421; Housing Act 2004 s.215 as substituted.
Related: Rent arrears: the recovery process · Arrears letter pack · Direct payment from universal credit · All calculators