Can you use Ground 8 against a secure tenant?
No. Ground 8 does not exist against a secure tenant, at any arrears level.
No. Ground 8 sits in Schedule 2 to the Housing Act 1988 and applies only to assured tenancies. A secure tenancy is governed by the Housing Act 1985, which contains no mandatory ground for rent arrears at all. However high the balance, Ground 8 is not available against a secure tenant.
| Ground 8 applies to | Assured tenancies — Housing Act 1988, Sch 2, Ground 8 |
|---|---|
| Secure tenancies | Housing Act 1985. Arrears fall under Sch 2 Ground 1, which is discretionary |
| Ground 8 threshold | At least 8 weeks (weekly rent), 2 months (monthly), one quarter more than 3 months in arrears (quarterly), or 3 months (yearly) |
| When the threshold must be met | Both at the date the notice is served and at the date of the hearing |
| Effect | Mandatory. If the ground is proved the court must order possession |
| Discretionary alternatives | Housing Act 1988 Sch 2 Grounds 10 and 11 |