Grounds 10 and 11 Rent Arrears Response Letter
Landlord cited Grounds 10 or 11? These are the discretionary rent arrears grounds. Discretionary means even if proven, the court must decide if eviction is reasonable. You can keep your home with a suspended possession order. Respond formally by Royal Mail.
Send an eviction response letter from £2.79What You Need to Know
- ✓Grounds 10 (some arrears) and 11 (persistent late payment) are discretionary. Even if proven, the court must decide if eviction is reasonable.
- ✓The court can grant a suspended possession order: you keep your home as long as you pay current rent plus an agreed amount towards arrears each month.
- ✓Your defence is reasonableness: length of tenancy, dependent children, ill health, cause of arrears, your engagement with the landlord.
- ✓Almost every rent arrears notice cites Grounds 8, 10, and 11 together. Defeating Ground 8 doesn't end the case, but it shifts the fight to the discretionary grounds where you have a wider defence.
About the Notice
Grounds 10 and 11 of Schedule 2 to the Housing Act 1988 are the discretionary rent arrears grounds. Ground 10 covers any unpaid rent at both the date of notice and the date proceedings are issued — there is no minimum threshold. Ground 11 covers persistent delay in paying rent, regardless of whether you are currently in arrears at all. Both are discretionary: even if proven, the court must decide whether granting possession is reasonable in all the circumstances.
The most powerful tool on a discretionary ground is the suspended possession order. Unlike mandatory Ground 8, the court can grant possession on Grounds 10 or 11 and then SUSPEND its enforcement on conditions — typically that you pay current rent plus an agreed amount toward arrears each month. You keep your home as long as you meet the conditions. If you default, the landlord can apply for the warrant. This gives you a structured way to clear the debt without losing the property.
Reasonableness is the heart of your defence. The court considers your length of tenancy, dependent children, ill health or disability, the cause of the arrears (job loss, family crisis, Universal Credit delays), your engagement with the landlord, prior payment history, and the impact eviction would have on you compared with the impact non-payment has on the landlord. A response letter sets these factors out in writing and creates the evidential record for the hearing.
Legal basis
- ·Housing Act 1988, Schedule 2 Ground 10 (some rent in arrears)
- ·Housing Act 1988, Schedule 2 Ground 11 (persistent delay in paying rent)
- ·Renters Rights Act 2025, Schedule 1 (notice period extended to 4 weeks)
- ·Housing Act 1988, s.9 (court's extended discretion on discretionary grounds — suspended possession orders)
- ·Housing Act 2004, ss.213 to 215 (deposit protection applies to Grounds 10 and 11)
- ·Homes (Fitness for Human Habitation) Act 2018 (set-off for disrepair against arrears)
Which scenario applies to you?
Ground 8 failed (or may fail) and the case continues on Grounds 10/11
Almost every rent arrears notice cites Grounds 8, 10, and 11 together. If you defeat Ground 8 (arrears below 3 months, Universal Credit excluded, paid down before hearing), the case doesn't end — it continues on the discretionary grounds. Your defence then becomes reasonableness rather than the calculation.
Arrears or late payment but a strong reasonableness case
There are arrears or a pattern of late payment but mitigating circumstances: dependent children, ill health, recent job loss, benefit delays, long tenancy with otherwise good payment history. Ground 10 or 11 may be proven on the facts, but reasonableness can defeat the claim outright — or, more commonly, lead to a suspended possession order rather than outright eviction.
Procedural defects
Notice period less than 4 weeks. Form 3A not used or incomplete. Deposit not protected in a government-backed scheme before the notice was served (deposit protection applies to Grounds 10 and 11). Any one of these makes the notice invalid for these grounds.
What the Letter Accomplishes
PostRight generates a formal response letter that checks the validity of the notice in writing, cites the relevant legislation, and creates a dated physical record sent by Royal Mail Tracked 24.
- 1Asks the landlord for a full rent statement so the calculation and payment pattern can be checked
- 2Identifies any Universal Credit housing element to flag as a reasonableness factor and (for the Ground 8 part of the same notice) to exclude from the threshold calculation
- 3Sets out the reasonableness factors that apply to your circumstances (length of tenancy, family, health, cause of arrears, engagement with landlord)
- 4Reserves your right to apply for a suspended possession order and reserves all procedural defences (4-week notice, Form 3A, deposit protection)
Your Rights
Ground 10: any arrears at notice AND at issue
Ground 10 covers any rent unpaid at both the date the notice is served AND the date proceedings are issued. There is no minimum threshold — unlike Ground 8's 3-month threshold, even £50 of arrears can technically trigger Ground 10. But Ground 10 is discretionary, so any arrears trigger it but the court still has to decide if possession is reasonable.
Ground 11: persistent delay in payment
Ground 11 covers persistent delay in paying rent, regardless of whether you are in arrears today. If you have a track record of paying late even when you eventually pay, Ground 11 can be made out. Like Ground 10, it is discretionary. The court considers the seriousness and pattern of the delays, the reasons, and your circumstances.
Suspended possession order — the key tool
The court can grant possession on Grounds 10 or 11 and SUSPEND its enforcement on conditions, typically that you pay current rent plus an agreed amount towards arrears each month. You keep your home as long as you meet the conditions. This is unique to discretionary grounds — the court cannot suspend a Ground 8 possession order on payment terms. Asking for a suspended order is a normal and reasonable outcome, not a sign of weakness.
Reasonableness factors
Length of tenancy, dependent children, ill health or disability, cause of the arrears (Universal Credit delays count here even if they don't technically reduce the figure on Grounds 10/11 as they do on Ground 8), your engagement with the landlord, payment history, and the impact of eviction all weigh in your favour. The court balances these against the landlord's legitimate interest in receiving rent. The longer your good history and the more compelling your current circumstances, the stronger the reasonableness case.
Notice period, deposit protection, and Universal Credit
Notice period under the Renters Rights Act 2025 is 4 weeks (extended from 2 weeks). Form 3A must be used. Deposit protection in a government-backed scheme before the notice was served is a prerequisite. Universal Credit delays don't have a separate statutory carve-out for Grounds 10/11 in the same way they do for Ground 8 — but they are a powerful reasonableness factor that the court must consider when deciding if possession is fair.
Common Scenarios
1Ground 8 failed and the landlord is continuing on Grounds 10/11
Arrears dropped below 3 months at the hearing (paid down, or Universal Credit excluded). Ground 8 fails but Grounds 10/11 are still alive. Now reasonableness is the fight.
2Arrears caused by a specific event that has now resolved
Job loss, illness, bereavement, divorce, benefit delay. The cause is identifiable and the underlying issue is past. Strong reasonableness case for a suspended order rather than outright possession.
3Long tenancy with otherwise good payment record
You've been a reliable tenant for years. This is a recent issue, not a pattern. Length of tenancy and prior good history weigh heavily on reasonableness.
4You can pay current rent plus an arrears contribution
You have stable income and can commit to paying current rent plus £X per week or per month towards the arrears. The natural outcome is a suspended possession order on those terms. The letter proposes the arrangement and creates the record.
5Notice period was less than 4 weeks or other procedural defect
From 1 May 2026, Grounds 10 and 11 require 4 weeks notice (extended from 2 weeks). A shorter notice period invalidates the notice. Form 3A must be used. Deposit must have been protected before service.
Send your eviction response letter via Royal Mail
PostRight generates a legally-accurate response letter tailored to your situation. Answer a few guided questions, review your letter, and PostRight prints and posts it via Royal Mail Tracked 24 within one business day. A posted letter creates a dated physical record that is far harder to ignore than an email or an online form.
- ✓Cites the correct legislation for your situation
- ✓Sets a clear deadline for the landlord to respond
- ✓States the escalation path if ignored
- ✓Printed on quality paper and posted by Royal Mail Tracked 24
- ✓From £2.79 -- no subscription required
Frequently Asked Questions
What's the difference between Grounds 8, 10, and 11?
Ground 8 is mandatory — if proven (3+ months arrears at notice and hearing), the court must grant possession. Grounds 10 and 11 are discretionary — even if proven, the court decides if possession is reasonable. Ground 10 needs any arrears at both notice and proceedings (no minimum). Ground 11 needs persistent late payment regardless of current arrears. Almost all rent arrears notices cite all three so the landlord has a fallback if Ground 8 fails.
What is a suspended possession order?
The court grants the landlord a possession order but suspends its enforcement on conditions, typically that you pay current rent plus an agreed amount toward arrears (the amount is what you can afford and the court agrees is reasonable). You keep your home as long as you meet the conditions. If you default, the landlord can apply to have the suspension lifted and a warrant issued. This is unique to discretionary grounds — the court cannot suspend a mandatory Ground 8 order on payment terms.
The landlord cited Grounds 8, 10, and 11 together. What does that mean for me?
Standard belt-and-braces. If Ground 8 succeeds (3+ months arrears at hearing), the court must grant possession on Ground 8 and Grounds 10/11 don't come into play. If Ground 8 fails (arrears below threshold, Universal Credit excluded, paid down), the case continues on Grounds 10/11. Your strategy is two-stage: defeat Ground 8 on the figures, then make the reasonableness case on Grounds 10/11 (with a suspended possession order as a target outcome rather than outright defeat).
Do Universal Credit delays help my defence on Grounds 10/11?
Yes, but in a different way to Ground 8. On Ground 8, Universal Credit delays are excluded from the arrears figure by statute — they literally reduce the number. On Grounds 10/11, there is no separate statutory carve-out, but Universal Credit delays are a powerful reasonableness factor: the court must consider the cause of the arrears, and benefit administration delays beyond your control weigh heavily in your favour.
Does this apply if I live in Scotland, Wales, or Northern Ireland?
No. The Renters Rights Act 2025 and the Grounds 10/11 framework apply to England only. Scotland, Wales, and Northern Ireland have separate housing law. Contact Shelter Scotland, Shelter Cymru, or Housing Rights NI.
Free Advice Resources
If you need free, independent advice about your eviction notice, the following organisations can help. They can explain your options, check the notice for defects, and support you through any court proceedings.
Shelter England
Free housing advice and legal support for tenants facing eviction. Helpline: 0808 800 4444.
Visit website →Citizens Advice
Free, independent advice on housing, benefits, and tenant rights.
Visit website →Renters Reform Coalition
Campaign group providing guidance on the Renters Rights Act 2025 and tenant protections.
Visit website →GOV.UK: Renters Rights Act
Official government guidance on the Renters Rights Act 2025 and what it means for tenants.
Visit website →Related Eviction Letters
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