Renters' Rights Act increases ground 8 arrears threshold

From 1 May 2026, a private landlord in England must be owed at least three months' rent before using ground 8 to seek eviction through a section 8 notice, up from two months. The change was made by the Renters' Rights Act, according to Shelter England, which updated its guidance on 13 May 2026¹.

Ground 8 is one of three rent-related grounds a landlord can cite on a section 8 notice. Shelter lists them as: ground 8, where the tenant owes at least three months' rent; ground 10, where the tenant owes some rent; and ground 11, where the tenant often pays rent late¹. The threshold depends on when the notice was received, not when the case reaches court.

Source: Shelter England¹

Shelter states that the old rules continue to apply where a tenant received their notice before 1 May 2026¹. It also sets out how the grounds differ at a hearing: "The judge must order eviction if you still owe this amount on the court date," it says of ground 8, adding that "the court cannot usually stop a ground 8 eviction if you still owe a lot of rent at the hearing"¹. By contrast, "the court can stop an eviction on grounds 10 or 11", though Shelter says a tenant needs to show they can pay full rent and repay arrears over time¹.

Shelter notes that a section 8 notice is a legal form and that a landlord "can't just write you a note or send you a text"¹. Its guidance also points to discretionary housing payments (DHP) on top of benefits, the housing register for those struggling with private rents, and free legal advice, including the housing loss prevention advice service, with more legal help available to people on benefits or a low income¹. It says a court hearing typically involves about 10 minutes with the judge, and that an adviser can speak for a tenant¹.

Why it matters for households

The change affects private tenants in England who fall behind on rent and receive a section 8 notice on or after 1 May 2026. For those tenants, a landlord cannot rely on ground 8 until arrears reach three months' rent rather than two. Where a notice was received before that date, the two-month threshold still applies, so two tenants with identical arrears could face different grounds depending on when the notice arrived¹.

The practical effect is that ground 8, which Shelter describes as the ground a judge must act on if the arrears threshold is still met at the court date, now requires a larger debt before it can be used. Grounds 10 and 11 remain available where any rent is owed or rent is often paid late, and Shelter says eviction on those grounds can be stopped¹. Tenants with rent arrears can find help through the site's guide to rent arrears, and wider support on debt.

What happens next

The three-month threshold applies to section 8 notices received on or after 1 May 2026. Shelter's guidance was last updated on 13 May 2026¹. No further commencement dates or transitional arrangements beyond the treatment of notices received before 1 May 2026 have been reported.