Ground 10 targets persistent late payment. Show a pattern of arrears even if now paid up.
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Ground 10 is a discretionary possession ground for persistent rent arrears. Unlike Ground 8 (mandatory, requires 3 months at hearing), Ground 10 covers situations where the tenant has a history of arrears but may have cleared them before the hearing. The tribunal has discretion to grant possession if they consider it reasonable. From May 2026, you should consider using Ground 7A (mandatory, repeated arrears) instead if the new pattern test is met. Ground 10 is useful when arrears are frequent but don't meet Ground 7A or Ground 8 thresholds. Notice period is 4 weeks.
Complete rent ledger showing all payments for entire tenancy
Evidence of repeated arrears (dates, amounts, frequency)
Communication about arrears (emails, letters, texts)
Notice of seeking possession (minimum 4 weeks)
Payment pattern analysis showing persistent late payment
Current arrears amount (if any)
Why this matters: Missing or incomplete evidence can lead to case dismissal, costing months of unpaid rent and legal fees. Tribunals require clear, organized documentation that proves all requirements are met.
4 weeks
Minimum required
Section 8 Notice
Notice of Seeking Possession
Hand delivered or first-class post
Proof of service required
Use Locastica to gather and organize the evidence typically needed for Ground 10: Persistent Rent Arrears:
All information is for informational purposes only and does not constitute legal advice. Consult a qualified solicitor for specific legal guidance.
Ground 10 is a discretionary possession ground for tenants who persistently fail to pay rent on time. Unlike Ground 8 (mandatory), the tribunal can consider circumstances and decide if possession is reasonable. Ground 10 applies even if arrears are cleared before the hearing. It covers frequent late payments, partial payments, or repeated arrears throughout the tenancy.
If the arrears pattern meets Ground 7A requirements (specific pattern defined in regulations), use Ground 7A because it's mandatory - tribunals must grant possession if proven. Use Ground 10 if: (1) arrears don't meet Ground 7A pattern, (2) you want tribunal discretion considered, or (3) Ground 7A regulations aren't yet finalized. Ground 10 remains valid after May 2026.
Yes. Ground 10 looks at the pattern of rent payment throughout the tenancy, not just current arrears. If the tenant has repeatedly fallen behind but catches up before the hearing, Ground 10 can still apply. You need to show persistent failure to pay on time, not just a one-off issue.
There's no fixed definition. Tribunals consider: frequency (how often late), duration (over how many months), amounts (how much arrears), and pattern (occasional or systematic). Example: rent late 8 times in 12 months with arrears of 1-2 months each time would likely qualify. One or two late payments would not.
Mandatory possession ground for 3+ months rent arrears
Mandatory possession for persistent rent arrears pattern
Discretionary ground for consistently late rent payments
Discretionary ground for persistent late rent (Assured Shorthold only)
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