For non-payment of rent the grounds to rely upon are Grounds 8, 10 and 11.
Ground 8 is a mandatory ground and the Court must make a possession order in 14 days (please note that this period has been extended to 6 months or 4 weeks depending on the circumstances of the situation until 31 March 2021) provided it is satisfied that when the notice is served and at the time of the hearing there are:
- at least eight weeks of arrears, where rent is payable weekly or every two weeks
- at least two months of arrears, where rent is payable monthly
- more than three months in arrears, where rent is payable every three months
- more than three months in arrears, where rent is payable yearly
Grounds 10 & 11
Other grounds for rent arrears are Grounds 10 and 11 but the court does not have to grant an order. However, these grounds should always be included as a fall back.
- Ground 10 applies if the rent is unpaid when the section 8 notice is served and has not been paid by the start of the possession proceedings.
- Ground 11 applies if the tenant has regularly been late at paying the rent whether or not the tenant is actually in arrears.
Ground 13 can be used as a ground for repossession if the tenant has damaged the property. . Under Ground 13 damage to property includes damage to any common areas to which the tenant has access in the building of their property. Also, a tenant will be deemed to have damaged the property where they allow someone living with them, eg a sub-tenant to cause damage.
Ground 7B can be used as a ground for repossession in England where only some occupants are disqualified due to their immigration status. For further information on evicting tenants and immigration read Ending a tenancy due to immigration status.