How to Handle Tenant Arrears in the UK Under RRA 2025 (Ground 8)

The Renters’ Rights Act 2025 (“RRA 2025”) fundamentally rewrote the framework governing residential tenancies in England, abolishing Section 21 “no-fault” evictions and converting all assured shorthold tenancies (ASTs) into periodic assured tenancies. For landlords facing rent arrears, the post-RRA path runs almost exclusively through Ground 8 (and Grounds 10 and 11) of the Housing Act 1988, as amended. This article, from a Gyoseishoshi (行政書士) document-preparation perspective, explains the post-RRA arrears procedure step by step under the Housing Act 1988 framework as amended in 2025, with all the source URLs.

1. The post-RRA framework

Under the RRA 2025:

• All assured shorthold tenancies in England converted to periodic assured tenancies on the implementation date
• Section 21 of the Housing Act 1988 was abolished — landlords cannot evict without a statutory ground
• Grounds 8, 10, 11 for rent arrears were retained but with material amendments
• Possession through Ground 8 is now subject to a higher threshold and longer notice period

The general rule: a landlord seeking possession must serve a Section 8 notice specifying one or more grounds, then apply to the County Court if the tenant does not vacate.

Primary source — Renters’ Rights Act 2025: https://www.legislation.gov.uk/ukpga/2025/contents Primary source — Housing Act 1988 (as amended): https://www.legislation.gov.uk/ukpga/1988/50/contents

2. Ground 8 — mandatory rent arrears ground (post-RRA)

Ground 8 of Schedule 2, Housing Act 1988, as amended by RRA 2025, is the mandatory ground for rent arrears. If proven, the court must grant possession.

Post-RRA, Ground 8 requires:

The tenant who pays the arrears down below 3 months before the hearing defeats Ground 8 — the landlord must rely on Grounds 10 and 11 instead.

Primary source — GOV.UK Section 8 guidance (post-RRA): https://www.gov.uk/private-renting-evictions/section-8-evictions

3. Grounds 10 and 11 — discretionary rent arrears grounds

When Ground 8 is unavailable (because arrears are below 3 months), landlords may rely on:

• Ground 10 — some rent is unpaid at the date of the Section 8 notice and at the date the proceedings begin (discretionary)
• Ground 11 — the tenant has persistently delayed paying rent that is owed (discretionary)

Both grounds are discretionary — the court considers whether granting possession is reasonable in all the circumstances, factoring in:

• Tenant’s ability to pay
• History of payment
• Reason for arrears (illness, job loss, benefits delay)
• Length of tenancy
• Effect of eviction on the tenant

In practice, courts are reluctant to grant possession under Grounds 10 / 11 alone unless the arrears history is materially poor. Landlords typically combine Ground 8 with Grounds 10 and 11 in a single Section 8 notice.

4. Step 1 — Calculate arrears precisely

Before serving any notice, calculate:

• Total rent owed (per the tenancy agreement)
• Total rent paid (from bank statements / payment records)
• Arrears = owed minus paid
• Arrears in months (or weeks for weekly tenancies)

For Ground 8 to apply, the arrears must equal at least 3 months of rent at the notice date and the hearing date. Errors in the calculation are fatal — the court will dismiss a Ground 8 claim if the tenant proves the arrears were below 3 months at either date.

5. Step 2 — Serve Section 8 notice on the prescribed form

Under Housing Act 1988 s.8 and the Assured Tenancies and Agricultural Occupancies (Forms) (England) Regulations, the Section 8 notice must:

• Be on the prescribed Form 3 (Notice seeking possession of a property let on an assured tenancy or assured agricultural occupancy)
• Specify the grounds relied upon (Ground 8, Ground 10, Ground 11 or any combination)
• Specify the earliest date proceedings may begin (4 weeks from the day after service, post-RRA)
• Include the statutory text of each ground specified
• Be served by personal delivery, first-class post, or by leaving at the property

Primary source — Form 3 download: https://www.gov.uk/government/publications/form-3-notice-seeking-possession-of-a-property-let-on-an-assured-tenancy

A defective Section 8 notice is fatal — the court will dismiss the possession claim if the form is wrong, the grounds are mis-stated, or the dates are wrong.

6. Step 3 — Wait the 4-week notice period

Under the post-RRA amendments, the minimum notice period for Ground 8 is 4 weeks (lengthened from 2 weeks pre-RRA). The notice may specify a longer period if the landlord wishes.

During the 4 weeks:

• Tenant may pay the arrears down (below 3 months defeats Ground 8)
• Tenant may apply for benefits to address arrears
• Landlord may negotiate a payment plan to avoid court

If the arrears remain at 3+ months at the end of the notice period, the landlord may proceed to court.

7. Step 4 — Issue possession proceedings (Form N5B / N5)

The landlord files possession proceedings in the County Court for the property’s location:

• Form N5 — claim form for possession of property
• Form N5B — accelerated possession procedure (post-RRA: only available for non-arrears grounds)

For arrears claims under Ground 8, the standard Form N5 procedure applies, with hearing required.

Filing fee: approximately GBP 391 for possession claims (online filing) or GBP 410 (paper).

Primary source — UK Court forms portal: https://www.gov.uk/court-and-tribunal-forms

8. Step 5 — Court hearing

The court schedules a hearing typically 8–10 weeks after filing. At the hearing:

If Ground 8 is satisfied, the court must grant possession (mandatory ground).

If Ground 8 is not satisfied but Grounds 10 / 11 are, the court has discretion and considers reasonableness.

9. Step 6 — Possession order and enforcement

If the landlord wins, the court issues a possession order typically requiring the tenant to vacate within 14 days (with discretion to extend up to 6 weeks for hardship under s.89 Housing Act 1980).

If the tenant does not vacate by the order date, the landlord must apply for a warrant of possession (Form N325). The County Court Bailiff or, for higher-value cases, a High Court Enforcement Officer (HCEO) executes the warrant.

10. The deposit protection trap

Under the Housing Act 2004 as amended, before a landlord can serve any Section 8 notice (including for arrears), the deposit must:

1. Be protected in an authorized scheme (Deposit Protection Service, mydeposits, or TDS)
2. Be registered within 30 days of receipt
3. The tenant must have received the prescribed information

Failure to protect the deposit allows the tenant to:

• Block the Section 8 possession claim
• Counter-claim for 1 to 3 times the deposit amount as statutory damages

This is the single most common reason landlord arrears claims fail in 2026 — the deposit was not properly protected, and the tenant’s solicitor raises the deposit issue as a defense.

Primary source — GOV.UK Deposit Protection: https://www.gov.uk/tenancy-deposit-protection

11. Pre-RRA Section 21 — abolished

Pre-RRA, a landlord could often avoid Ground 8 entirely by serving a Section 21 “no-fault” notice with 2 months’ notice and using the accelerated possession procedure under Form N5B. The RRA 2025 abolished Section 21. Possession in 2026 requires a substantive ground from Schedule 2 of the Housing Act 1988.

For landlords still relying on Section 21 templates, the entire workflow must be replaced — no Section 21 notice served after the RRA 2025 implementation date is enforceable.

12. Repayment plans — the practical alternative

Many landlords prefer to negotiate a repayment plan rather than litigate:

A signed plan with clear default consequences is enforceable as a contract. If the tenant defaults on the plan, the landlord can serve a fresh Section 8 notice; the plan provides leverage but does not extinguish the underlying tenancy obligations.

13. Common landlord errors

A clean Section 8 package, prepared with Scrib🐮 with verified deposit protection and accurate arrears calculation, is the path that survives contested possession proceedings under the post-RRA regime.

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Disclaimer

Legal information, not legal advice. MmowW Scrib🐮 is operated by a licensed Gyoseishoshi (行政書士) office in Japan. We are not UK solicitors.

Sources

1. Renters’ Rights Act 2025 — https://www.legislation.gov.uk/ukpga/2025/contents
2. Housing Act 1988 — https://www.legislation.gov.uk/ukpga/1988/50/contents
3. Housing Act 1988 Schedule 2 (grounds) — https://www.legislation.gov.uk/ukpga/1988/50/schedule/2
4. GOV.UK Private renting evictions — https://www.gov.uk/private-renting-evictions
5. GOV.UK Section 8 evictions — https://www.gov.uk/private-renting-evictions/section-8-evictions
6. Form 3 (Notice seeking possession) — https://www.gov.uk/government/publications/form-3-notice-seeking-possession-of-a-property-let-on-an-assured-tenancy
7. GOV.UK Deposit Protection — https://www.gov.uk/tenancy-deposit-protection
8. Court forms portal — https://www.gov.uk/court-and-tribunal-forms