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Property licensing intelligence for England.

Discretionary Ground

Tenant always paying rent late?

Ground 7 targets persistent delay. Prove rent is consistently late even if eventually paid.

Notice period:4 weeks minimum
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What Changed in May 2026

Ground 7 is a discretionary possession ground for persistent delay in paying rent (note: this is different from Ground 7A which is the new mandatory repeated arrears ground). Ground 7 applies when rent is consistently paid late but eventually paid in full. From May 2026, consider whether Ground 7A (mandatory repeated arrears) or Ground 10 (persistent arrears) might be more appropriate. Ground 7 is useful when the tenant pays eventually but always late, causing cash flow issues. Tribunal has discretion. Notice period is 4 weeks.

Evidence Required

Complete rent ledger showing all payments and dates

Evidence of rent due dates vs actual payment dates

Communication about late payments (reminders, warnings)

Tenancy agreement showing rent due date

Notice of seeking possession (minimum 4 weeks)

Pattern analysis showing consistent lateness

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.

Notice Requirements

Notice Period

4 weeks

Minimum required

Form of Notice

Section 8 Notice

Notice of Seeking Possession

Service

Hand delivered or first-class post

Proof of service required

What a possession-ready output should include

Use Locastica to gather and organize the evidence typically needed for Ground 7: Persistent Delay in Paying Rent:

  • Ground 7 vs Ground 7A vs Ground 10 comparison chart
  • Payment delay analyzer (showing pattern over time)
  • Rent ledger template optimized for date tracking
  • Reasonableness factors for tribunal
  • Notice requirements specific to Ground 7
  • Trust metadata: case law, confidence scoring
Learn more about possession readiness →

Trust & Verification

Updated for May 2026 Ground 7A distinction
Housing Act 1988 Ground 7 compliance
Tribunal discretion considerations
Based on Housing Act 1988 Ground 7 case law

All information is for informational purposes only and does not constitute legal advice. Consult a qualified solicitor for specific legal guidance.

Frequently Asked Questions

What is Ground 7 persistent delay in paying rent?

Ground 7 is a discretionary possession ground for tenants who consistently pay rent late, even if they eventually pay in full. It's different from Ground 8 (arrears) and the new Ground 7A (repeated arrears pattern). Ground 7 covers situations where rent is always a few days or weeks late but ultimately paid. Tribunals decide if possession is reasonable.

How is Ground 7 different from Ground 7A and Ground 10?

Ground 7 (discretionary): consistent lateness but full payment. Ground 7A (mandatory from May 2026): repeated arrears pattern at specific points, even if cleared. Ground 10 (discretionary): persistent arrears of any pattern. If arrears meet Ground 7A requirements, use that (mandatory). If no arrears but always late, use Ground 7. If frequent arrears, use Ground 10 or Ground 7A.

What pattern of delay do I need for Ground 7?

There's no fixed number, but you need to show a persistent pattern. Example: rent due 1st of month, tenant pays on 10th-15th every month for 6+ months. Occasional lateness (e.g., twice in a year) is unlikely to succeed. The delay must be consistent enough to be considered "persistent" and cause genuine issues.

Can tenant avoid Ground 7 by starting to pay on time?

Possibly. Because Ground 7 is discretionary, tribunals consider recent conduct. If the tenant has a long history of late payment but recently started paying on time (e.g., last 3 months on time), tribunals may find possession unreasonable. You need to show the pattern is ongoing or very recent.

Other Rent-Related Grounds

Mandatory

Ground 8: Rent Arrears

Mandatory possession ground for 3+ months rent arrears

Mandatory

Ground 7A: Repeated Rent Arrears

Mandatory possession for persistent rent arrears pattern

Discretionary

Ground 10: Persistent Rent Arrears

Discretionary ground for persistent late or non-payment of rent

Discretionary

Ground 11: Persistent Delay (Assured Shorthold)

Discretionary ground for persistent late rent (Assured Shorthold only)

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