Can I stop an eviction by paying off my rent arrears?
Short answer
Often, yes. If your landlord relies on the mandatory arrears ground (Ground 8), clearing the arrears before the court hearing means the ground cannot be proved and the claim should fail. The Renters’ Rights Act 2025 raised that mandatory threshold to three months’ arrears, giving you more time.
Rent arrears are the most common reason landlords seek possession — and also the situation where tenants have the most power to change the outcome before the hearing.
How the arrears grounds work
A Section 8 notice must state which grounds the landlord relies on:
- Ground 8 (mandatory): under the Renters' Rights Act 2025, at least three months' arrears (for monthly tenancies) both when the notice is served and at the court hearing. If it is proved at both points, the court must grant possession. But that double requirement is your opening: pay the arrears below the threshold before the hearing and the mandatory ground fails. Where arrears are between one and three months, the landlord must also give four weeks' notice before applying to court — time you can use.
- Grounds 10 and 11 (discretionary): any arrears, or persistent late payment. Here the court weighs whether possession is reasonable — clearing or substantially reducing the arrears, showing the cause (such as a benefit delay) and a realistic repayment plan all strengthen your case. The court can refuse possession or suspend an order on terms you can afford.
Practical steps before the hearing
- Prioritise the arrears — as a debt that can cost you your home, rent comes before credit cards and loans.
- Check your income: if Universal Credit housing element or Housing Benefit is delayed or underpaid, sort it urgently, and consider a Discretionary Housing Payment from the council.
- Check the notice itself: wrong form, wrong notice period, or failures such as unprotected deposits can make a claim defective. Our Section 8 validity checker walks through the tests.
- Attend the hearing — free advice is often available from a duty adviser at court, and Shelter (0808 800 4444) can help you prepare. If you are at risk of losing your home, apply to the council for homelessness help now rather than after any order.
Related guides
Section 8 Notice and Grounds for Possession
A Section 8 notice is used when a landlord wants to evict a tenant on specific legal grounds set out in the Housing Act 1988. Unlike a Section 21 notice, the landlord must prove a ground for possession. Some grounds are mandatory — meaning the court must grant possession if proved — while others are discretionary.
8 min read
Rent Arrears: What to Do
Falling behind on rent is a serious situation, but there are steps you can take to protect yourself and, in many cases, avoid eviction. Acting quickly — contacting your landlord, seeking benefits advice, and getting help from a debt charity — makes a significant difference to the outcome.
6 min read
Section 8 Grounds for Possession in Detail
A Section 8 notice is a notice to quit served by a landlord relying on specific grounds under Schedule 2 to the Housing Act 1988. Unlike Section 21 (no-fault possession), each ground must be justified by facts specific to the tenancy. Some grounds are mandatory — meaning the court must grant possession if the ground is proved — while others are discretionary, meaning the court weighs whether it is reasonable to grant possession. Understanding the grounds is essential for both landlords and tenants.
12 min
Possession Proceedings: What to Expect
If your landlord is seeking to evict you, understanding the legal process and timeline is essential. Possession proceedings follow a defined sequence of steps, and at each stage there are actions you can take to defend yourself, seek more time, or negotiate a resolution. This guide covers the full timeline from receipt of a notice through to the enforcement of a possession order by a bailiff.
11 min
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