Ground 11

Persistent Delay in Paying Rent

Explanation

Explanation

Explanation

What is Ground 11 - Persistent Delay in Paying Rent

The landlord must prove that: 

a) The tenant has persistently delayed paying rent during the tenancy.
This does not require a specific amount of arrears to be outstanding on the date of the hearing — the ground can be satisfied even if all arrears are cleared, provided there is a pattern of late payment. 

b) The delay has occurred over time and is not isolated.
A consistent or repeated failure to pay rent on time, even if the full rent has eventually been paid, may be sufficient to establish persistent delay. 

Possession during fixed term 
A possession order on Ground 11 can take effect during the fixed term if the tenancy agreement permits. 

Notice period
The minimum notice period the landlord must give under Ground 11 is two weeks.
The court may dispense with the requirement to serve notice if it considers it just and equitable. 

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

Guide

Guide

Guide

What You Can Do

Follow this step-by-step guide

1

Check Notice Requirements

After Checking the Requirements

The Notice has not been served or is invalid

If notice has not been served or is in valid, then this must be outlined in the defence form or to the court.

The Notice has been served and is valid

Proceed to Step 2

1

Check Notice Requirements

After Checking the Requirements

The Notice has not been served or is invalid

If notice has not been served or is in valid, then this must be outlined in the defence form or to the court.

The Notice has been served and is valid

Proceed to Step 2

1

Check Notice Requirements

After Checking the Requirements

The Notice has not been served or is invalid

If notice has not been served or is in valid, then this must be outlined in the defence form or to the court.

The Notice has been served and is valid

Proceed to Step 2

2

Check the Claim form & Particulars of Claim Requirements

After Checking the Requirements

The requirements for the Claim form & Particulars were not followed

Then this must be outlined in the defence form or to the court.

The requirements for the Claim form & particulars were followed

Proceed to Step 3

2

Check the Claim form & Particulars of Claim Requirements

After Checking the Requirements

The requirements for the Claim form & Particulars were not followed

Then this must be outlined in the defence form or to the court.

The requirements for the Claim form & particulars were followed

Proceed to Step 3

2

Check the Claim form & Particulars of Claim Requirements

After Checking the Requirements

The requirements for the Claim form & Particulars were not followed

Then this must be outlined in the defence form or to the court.

The requirements for the Claim form & particulars were followed

Proceed to Step 3

3

Check if This Ground Can Be Disputed

After Checking the Requirements

The Ground can be disputed

Then this must be outlined in the defence form or to the court.

The Ground cannot be disputed

Proceed to Step 4

3

Check if This Ground Can Be Disputed

After Checking the Requirements

The Ground can be disputed

Then this must be outlined in the defence form or to the court.

The Ground cannot be disputed

Proceed to Step 4

3

Check if This Ground Can Be Disputed

After Checking the Requirements

The Ground can be disputed

Then this must be outlined in the defence form or to the court.

The Ground cannot be disputed

Proceed to Step 4

4

Is it Reasonable to Grant Possession?

After Checking the Requirements

There are factors which would make possession unreasonable

Then this must be outlined in the defence form or to the court.

There are no factors relating to reasonableness

Proceed to FAQ Section Below

4

Is it Reasonable to Grant Possession?

After Checking the Requirements

There are factors which would make possession unreasonable

Then this must be outlined in the defence form or to the court.

There are no factors relating to reasonableness

Proceed to FAQ Section Below

4

Is it Reasonable to Grant Possession?

After Checking the Requirements

There are factors which would make possession unreasonable

Then this must be outlined in the defence form or to the court.

There are no factors relating to reasonableness

Proceed to FAQ Section Below

FAQ

FAQ

FAQ

Frequently Asked Questions

What to do if Possession is Ordered?

Check the Type of Order

  • Outright Order: You must leave by the date (usually 14 days).

  • Suspended/Postponed: You can stay if you meet the conditions (e.g. pay arrears).

  1. Ask for More Time

    • Apply for up to 6 weeks if eviction would cause exceptional hardship.

    • Ask at court or apply within 14 days.

  2. Challenge the Order

    • Appeal if there was a legal mistake.

    • Set aside if you missed the hearing and had a good reason.

  3. Suspend the Eviction Warrant

    • If a bailiff’s warrant is issued, apply to suspend it using Form N244.

    • Show you’ve resolved the issue or need more time.

  4. Get Homelessness Help

    • Apply to the council as homeless before eviction.

    • They must help if you're eligible.

What to do if Possession is Ordered?

What to do if Possession is Ordered?

How to include the challenges of Multiple Different challenges from above in the Defence form?

How to include the challenges of Multiple Different challenges from above in the Defence form?

How to include the challenges of Multiple Different challenges from above in the Defence form?

How to make my arguments relating to the challenges I identified, at Court?

How to make my arguments relating to the challenges I identified, at Court?

How to make my arguments relating to the challenges I identified, at Court?

Can Possession be Delayed?

Can Possession be Delayed?

Can Possession be Delayed?

Where can I get extra support?

Where can I get extra support?

Where can I get extra support?

Achieve effective, efficient and actionable legal support with TenantShield.

Achieve efficient support by using

our Step-by-Step Legal Guides and AI Assistant.

Achieve effective, efficient and actionable legal support with TenantShield.

Achieve efficient support by using

our Step-by-Step Legal Guides and AI Assistant.

Achieve effective, efficient and actionable legal support with TenantShield.

Achieve efficient support by using

our Step-by-Step Legal Guides and AI Assistant.