Defending a Section 8 ground 8 eviction (rent arrears)

Direct answer

Section 8 ground 8 of the Housing Act 1988 lets a private landlord, housing association or council seek an eviction order if a tenant is 8 weeks or more in arrears on weekly rent or 2 months or more in arrears on monthly rent, at the time the notice is served and at the hearing. It is a mandatory ground, meaning if proved the judge has to order possession. There are still defences. Call us free on 0800 030 4669 if disrepair is part of why you fell behind.

Key facts

• Ministry of Justice figures show landlords made 22,733 possession claims in the county courts of England and Wales in January to March 2026, with 6,888 repossessions carried out by county court bailiffs. Mortgage and landlord possession statistics, GOV.UK
• In the same quarter there were 16,848 possession orders and 10,172 warrants, each down on the same period a year earlier. Mortgage and landlord possession statistics, GOV.UK

What ground 8 requires

For ground 8 to succeed, the landlord must show:

1. The tenancy is an assured or assured shorthold tenancy.
2. Rent arrears equal to 8 weeks or 2 months existed when the Section 8 notice was served.
3. The same level of arrears existed at the possession hearing.
4. The landlord followed the right notice procedure.

If any one of these is missing, ground 8 fails. The landlord may still try grounds 10 and 11 (discretionary grounds), where the judge can decide it would not be reasonable to evict you.

Getting the arrears below the threshold by the hearing

The arrears level at the hearing is the key moment. If you can pay enough between the notice and the hearing to bring the arrears under 8 weeks / 2 months, ground 8 cannot succeed. Possible routes:

• Discretionary Housing Payment (DHP) from the council, see DHP explained.
• Universal Credit Alternative Payment Arrangement (APA) to get future rent paid direct to the landlord, see Universal Credit housing element direct to landlord.
• Backdated Housing Benefit if your claim was delayed.
• Charity grants (StepChange, Turn2us, Christians Against Poverty).
• A family loan with a clear repayment plan.
• A DHP top-up plus an agreed repayment plan with the landlord.

Bring proof of every payment, every promise, every benefit application to the hearing.

Procedural defences

Ground 8 fails if the procedure is wrong. Common procedural points worth checking:

• The notice does not give the right notice period (usually 2 weeks for ground 8).
• The notice does not set out the ground correctly or quote the right wording.
• The notice was served before the rent reached 8 weeks / 2 months.
• The notice was not addressed properly or not served properly.
• The deposit was not protected.
• A How to Rent guide, gas safety certificate or EICR was not given.
• For Universal Credit cases, the landlord has not chased the DWP.

Each of these has technical case law. Get focused advice from Shelter 0808 800 4444 or a Law Centre as early as you can.

The disrepair defence and counterclaim

If the home has been in disrepair and the landlord has not fixed it, you may have a counterclaim for damages. The damages can be:

• Set off against the arrears, reducing them below the ground 8 threshold.
• Awarded on top, leaving you with money rather than a possession order.

This is one of the strongest reasons to deal with a possession claim and a disrepair claim at the same time. A disrepair counterclaim has rescued many ground 8 cases. See can I claim disrepair if my landlord is evicting me.

Going to court

If a hearing is set:

• Go. Do not miss it. A "no show" usually means the judge grants possession by default.
• Take all evidence: payment receipts, benefit letters, DHP correspondence, repair reports, photos.
• Ask the court for a "duty solicitor" on the day, free help if available.
• See possession hearing, litigant in person guide.

After the order

Even if the judge grants possession, the eviction itself happens later through bailiffs. You usually have at least 14 days. You can apply to set aside the order in some cases, especially if you were not aware of the hearing or if circumstances have changed sharply.

How we can help

If the home has been in serious disrepair and the landlord pursued you for arrears instead of fixing it, the disrepair claim is your strongest piece of leverage. Call us free on 0800 030 4669.

Free call: 0800 030 4669 | Start your claim

Sources

• Housing Act 1988 (legislation.gov.uk)
• Landlord and Tenant Act 1985, Section 11 (legislation.gov.uk)