Grounds 10 and 11 (2026 Legal Guide) — Rules & Requirements
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Sourced from UK Acts of Parliament, statutory instruments, and official guidance. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
Grounds 10 and 11 are the discretionary back-stops behind the mandatory Ground 8. They exist because Parliament knew the rigid 3-month-arrears threshold in Ground 8 would leave gaps:
- Ground 10 — the tenant owes some rent at the date of the notice and at the date of the hearing, but not enough to trigger Ground 8 (less than 3 months).
- Ground 11 — the tenant has been persistently late in paying rent, even if no arrears exist at the hearing date.
Both are discretionary — the court can refuse possession even where the ground is proven, if it is reasonable to do so. The reasonableness test is broad: UC delays, illness, family bereavement, a recent job loss, disputes about repairs, and the tenant's prior payment history all matter.
The court can also suspend a possession order — meaning the order is made but does not take effect as long as the tenant complies with a payment plan. Suspended possession orders are the typical outcome on Grounds 10/11.
When does it apply?
- You are an assured tenant.
- You are in some rent arrears, or have been persistently late.
- The landlord has served Form 3 citing Grounds 10 and/or 11 (usually alongside Ground 8 as a fall-back).
What should you do?
- Get an accurate arrears statement from the landlord. Check it against your bank records.
- Build your reasonableness case. Gather evidence of any context the court should know — medical certificates for illness, UC award letters for benefit delays, school letters for family disruption, copy of repair requests for set-off arguments.
- Propose a written payment plan covering both ongoing rent and arrears reduction. A realistic plan — say, current rent + £100/month off arrears — is the strongest argument for a suspended possession order.
- Make at least one payment between notice and hearing. Even a small payment establishes good faith.
- Attend the hearing. Discretionary grounds depend on the court hearing the tenant's side. Absence often means a non-suspended possession order.
- Use the Housing Possession Court Duty Scheme — a free duty solicitor at court on the day of the hearing.
What should you NOT do?
- Don't skip the hearing. Possession orders in absentia are typically not suspended.
- Don't propose a payment plan you cannot keep. A breach of a suspended order triggers immediate enforcement — and the court is unlikely to suspend a second order.
- Don't dispute arrears amounts without evidence. Bring your bank statements, screenshots of payment confirmations, and any correspondence.
- Don't rely solely on Ground 8 collapse. If your arrears fall below the 3-month line, Ground 8 fails but Grounds 10 and 11 remain available — the landlord can still get a possession order on the discretionary route.
About Housing Rights in United Kingdom
If you rent in England or Wales, your tenancy mostly runs under the Housing Act 1988. The Renters' Rights Act 2025 ends Section 21 'no-fault' evictions from 1 May 2026 and turns every assured shorthold into a rolling periodic tenancy. Repairs sit under the Landlord and Tenant Act 1985 and the Homes (Fitness for Human Habitation) Act 2018, deposits must be protected within 30 days, and discrimination is covered by the Equality Act 2010. Scotland and Northern Ireland have separate rules.
Common Questions
What's the difference between Ground 8 and Grounds 10/11?
Ground 8 is mandatory — at 3+ months arrears at both notice and hearing, the court MUST grant possession. Grounds 10 and 11 are discretionary — even if arrears exist or late payment is proven, the court can refuse possession if it is reasonable to do so. Landlords typically cite all three together to cover every angle.
Can I get a suspended possession order?
Yes — on discretionary grounds the court routinely suspends possession on condition the tenant pays current rent plus an instalment off the arrears. A realistic written plan, paid even partially before the hearing, dramatically improves the prospects.
What counts as 'persistent late payment' for Ground 11?
There is no fixed number — courts look at the pattern. Three or more late payments in 12 months is a typical landlord argument; tenants can rebut by showing UC delays, employer pay-day timing, or other circumstances outside the tenant's control.
If I pay all arrears before the hearing, will the case be dismissed?
Often yes on Grounds 10 — the arrears element is gone, so the court has no basis to grant possession. But on Ground 11 the persistent-late pattern can still support possession even with a zero balance at the hearing. Bring evidence of why the lateness occurred and won't recur.
What is the grounds 10 and 11: discretionary rent arrears and persistent late payment right in United Kingdom?
Grounds 10 and 11 are the discretionary back-stops behind the mandatory Ground 8. They exist because Parliament knew the rigid 3-month-arrears threshold in Ground 8 would leave gaps:Ground 10 — the tenant owes some rent at the date of the notice and at the date of the hearing, but not enough to trigger Ground 8 (less than 3 months).Ground 11 — the tenant has been persistently late in paying rent, even if no arrears exist at the hearing date.Both are discretionary — the court can refuse possession even where the ground is proven, if it is reasonable to do so. The reasonableness test is broad: U...
When does grounds 10 and 11: discretionary rent arrears and persistent late payment apply?
You are an assured tenant.You are in some rent arrears, or have been persistently late.The landlord has served Form 3 citing Grounds 10 and/or 11 (usually alongside Ground 8 as a fall-back).
What should I do about grounds 10 and 11: discretionary rent arrears and persistent late payment?
Get an accurate arrears statement from the landlord. Check it against your bank records.Build your reasonableness case. Gather evidence of any context the court should know — medical certificates for illness, UC award letters for benefit delays, school letters for family disruption, copy of repair requests for set-off arguments.Propose a written payment plan covering both ongoing rent and arrears reduction. A realistic plan — say, current rent + £100/month off arrears — is the strongest argument for a suspended possession order.Make at least one payment between notice and hearing. Even a small...
What mistakes should I avoid with grounds 10 and 11: discretionary rent arrears and persistent late payment?
Don't skip the hearing. Possession orders in absentia are typically not suspended.Don't propose a payment plan you cannot keep. A breach of a suspended order triggers immediate enforcement — and the court is unlikely to suspend a second order.Don't dispute arrears amounts without evidence. Bring your bank statements, screenshots of payment confirmations, and any correspondence.Don't rely solely on Ground 8 collapse. If your arrears fall below the 3-month line, Ground 8 fails but Grounds 10 and 11 remain available — the landlord can still get a possession order on the discretionary route.