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 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.