You owe rent arrears - can you stop a Ground 8 eviction?

What the law says

Schedule 2 Ground 8 of the Housing Act 1988 is the mandatory serious rent arrears ground. The landlord must prove that the required arrears threshold was met when the Section 8 notice was served and is still met at the hearing. The public rule in this project is that the post-reform threshold is higher than the old two-month threshold, while older notices must be checked against the legacy rule.

Schedule 2 Grounds 10 and 11 are discretionary arrears grounds. Ground 10 covers some rent arrears, and Ground 11 covers persistent delay in paying rent. For those grounds, section 7 of the Housing Act 1988 requires the court to decide whether possession is reasonable. Disrepair counterclaims under section 11 of the Landlord and Tenant Act 1985 can reduce arrears for possession purposes.

Step-by-step: what to do

1. Get a full rent statement from the landlord and compare it with bank statements, benefit payments, and receipts.

2. Work out the arrears at the notice date and at today's date. The hearing-date figure is crucial.

3. Pay enough before the hearing to bring arrears below the Ground 8 threshold if you can. Keep proof of payment.

4. Gather evidence of Housing Benefit or Universal Credit delays, direct payments, deductions, and applications for Discretionary Housing Payment.

5. If the home has disrepair, get advice about a counterclaim that can offset arrears.

Common mistakes to avoid

Do not rely only on promises that Universal Credit will pay later. Bring proof and ask for an adjournment where payment is imminent. Do not accept the landlord's rent statement without checking fees, dates, and missing payments. Do not miss the hearing; Ground 8 cases are risky if undefended. Do not raise disrepair vaguely: the court needs dates, photographs, repair reports, and an estimated value of the counterclaim.

• Check arrears at notice and hearing.
• Bring payment proof to court.
• Challenge fees that are not rent.
• Evidence any disrepair counterclaim clearly.

Related guidance

• Section 8 checker
  Check Ground 8, Grounds 10 and 11, and evidence.
• Ground 8 rent arrears
  Mandatory arrears ground and threshold rules.
• Eviction for rent arrears
  How arrears possession claims work.
• Universal Credit and arrears
  How benefit delays affect arrears cases.

Common questions

You owe rent arrears - can you stop a Ground 8 eviction?

You can stop a Ground 8 eviction if you bring the arrears below the statutory threshold by the hearing date, prove the rent calculation is wrong, or use a valid counterclaim such as disrepair that reduces the arrears below the threshold. Ground 8 is mandatory when the threshold is met at both notice and hearing, so timing and evidence are critical. Grounds 10 and 11 are discretionary and give the court more flexibility. Do not ignore the claim: attend the hearing with proof of payments, benefits, disputes, and repair counterclaims.

What is the strongest Ground 8 defence?

The strongest defence is proving arrears are below the Ground 8 threshold at the hearing, either through payment, corrected accounting, or a valid counterclaim.

Do Universal Credit delays defeat Ground 8?

Not by themselves. They help most where payment is imminent or where the arrears will fall below the threshold.

Can disrepair reduce rent arrears?

Yes. A properly pleaded disrepair counterclaim can be set off against arrears and can bring the Ground 8 figure below threshold.

Can the court suspend a Ground 8 order?

Ground 8 is mandatory if proved, so the court's flexibility is limited. Grounds 10 and 11 give more room for suspended or postponed orders.