Ground 11 applies to Assured Shorthold tenancies only. Prove rent is consistently late.
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Ground 11 is similar to Ground 7 (persistent delay) but only applies to Assured Shorthold Tenancies (ASTs). From May 2026, almost all new tenancies will not be ASTs (Renters' Rights Act abolishes fixed terms), so Ground 11 will become obsolete for new tenancies. However, existing ASTs can still use Ground 11 if rent is persistently late. The tribunal has discretion. Notice period is 4 weeks. For new tenancies from May 2026, use Ground 7 or Ground 7A instead.
Proof tenancy is an Assured Shorthold Tenancy
Complete rent ledger showing payment dates
Evidence rent is persistently paid late
Communication about late payments
Notice of seeking possession (minimum 4 weeks)
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 11: Persistent Delay (Assured Shorthold):
All information is for informational purposes only and does not constitute legal advice. Consult a qualified solicitor for specific legal guidance.
Ground 11 is a discretionary possession ground for Assured Shorthold Tenancies (ASTs) where rent is persistently paid late. It's similar to Ground 7, but only for ASTs. From May 2026, new tenancies will not be ASTs (Renters' Rights Act abolishes fixed terms), so Ground 11 will phase out. Existing ASTs can still use it. Tribunals decide if possession is reasonable.
Only for existing ASTs granted before May 2026. New tenancies from May 2026 will be periodic assured tenancies (not shorthold), so Ground 11 won't apply. For those, use Ground 7 (persistent delay) or Ground 7A (repeated arrears) instead. If your tenancy started before May 2026 as an AST, you can still use Ground 11.
For ASTs: Ground 11 if rent is persistently late but paid. For periodic assured tenancies (post-May 2026): use Ground 7 (persistent delay) if always late but paid, or Ground 7A (repeated arrears) if arrears meet the mandatory pattern. Ground 7A is best if applicable (mandatory). Otherwise, Ground 7 or 11 depending on tenancy type.
Mandatory possession ground for 3+ months rent arrears
Mandatory possession for persistent rent arrears pattern
Discretionary ground for persistent late or non-payment of rent
Discretionary ground for consistently late rent payments
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