Show the tribunal exactly what they need. Avoid £40k penalties for missing evidence.
Free plan available
Ground 8 is the most commonly used mandatory possession ground in England. From May 2026, the Renters' Rights Act requires 3 months' rent arrears (up from 2 months) before you can use this ground. Tribunals must grant possession if arrears exceed 3 months at both notice and hearing dates. Missing or incomplete evidence can lead to case dismissal, costing months of unpaid rent and legal fees. The Private Rented Sector Database (late 2026 rollout) will cross-reference your records, making accurate documentation critical.
Signed tenancy agreement showing rent amount and payment terms
Complete rent ledger showing all payments and arrears
Payment records (bank statements, receipts) proving arrears
Notice of seeking possession (minimum 4 weeks' notice from May 2026)
Arrears calculation showing 3+ months at notice date
Current arrears statement showing 3+ months at hearing date
Communication records about arrears (emails, letters)
Section 21 alternative no longer available from May 2026
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 8: Rent Arrears:
All information is for informational purposes only and does not constitute legal advice. Consult a qualified solicitor for specific legal guidance.
Ground 8 is a mandatory possession ground that allows landlords to evict tenants for serious rent arrears. You need at least 3 months' rent arrears at both the notice date and the hearing date (increased from 2 months as of May 2026). If you prove these arrears, the tribunal must grant possession.
You need at least 3 months' rent arrears at the date you serve notice, and at least 3 months' arrears at the hearing date. If rent is paid monthly, that's 3 full months. If rent is paid weekly, it's 12 weeks (approximately 3 months). Both thresholds must be met.
You need: (1) signed tenancy agreement, (2) complete rent ledger showing all payments and arrears, (3) bank statements proving arrears, (4) notice of seeking possession, (5) arrears calculation at notice date, (6) current arrears statement at hearing date, and (7) communication records about arrears. Missing evidence can lead to case dismissal.
From May 2026, you must give at least 4 weeks' notice before applying to court. Previously it was 2 weeks. The notice period starts when you serve the notice of seeking possession, not when the tenant receives it.
Your possession claim will fail. Ground 8 requires 3+ months' arrears at both the notice date AND the hearing date. If the tenant pays enough to reduce arrears below 3 months before the hearing, you cannot use Ground 8. You may need to use Ground 10 (persistent arrears) instead, which is discretionary.
Mandatory possession for persistent rent arrears pattern
Discretionary ground for persistent late or non-payment of rent
Discretionary ground for consistently late rent payments
Discretionary ground for persistent late rent (Assured Shorthold only)
Sign up free to check if you meet the criteria for Ground 8: Rent Arrears. Get instant results from your overview and property workspace.
Sign up free to check your propertyFree plan available, no credit card required