Ground 10

The landlord must prove that:

a) Some rent was lawfully due from the tenant at the time the notice was served.
This means rent was genuinely unpaid at the time the landlord served notice. It does not include rent that was simply late but paid before the notice was issued. 

b) Rent remained lawfully due from the tenant at the time the possession proceedings were issued.
The rent arrears must still exist at the time the court claim is made. If the tenant cleared the debt before the claim was issued, the ground is not made out. 

c) The arrears relate to the current tenancy and tenant.
Arrears must be connected to the specific tenancy agreement under which the claim is made. Arrears from a different tenancy or tenant are not relevant. 

d) Any additional charges (e.g., service charges or utilities) can only count as rent if the tenancy agreement explicitly includes them as part of the rent. The landlord cannot rely on unpaid amounts that fall outside the definition of “rent” unless the agreement clearly includes them in the rent clause. 

Possession during fixed term
A possession order can take effect during the fixed term if the tenancy agreement allows for it. 

Notice period
The minimum notice period the landlord must give under Ground 10 is two weeks.
The court may dispense with the notice requirement if it considers it just and equitable. 

Reasonable to order possession
Even if the landlord proves the ground, the court must be satisfied that it is reasonable to make a possession order.