Rent arrears management practices in the housing association sector

5.5 Use of Ground 8
A key factor underlying the commissioning of the
current research was the ongoing debate over the
use and legitimacy of claims for possession, issued
by HAs, based on Ground 8 of Schedule 2 to the
Housing Act 1988 . The controversy derives from
the fact that this is a “mandatory ground” where
possession must be granted if the tenant is more
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than two months in arrears at the date of service
of the NSP and the court hearing . Hence, where
Ground 8 is correctly invoked the courts have no
discretion in the matter .
The survey indicates that 56 associations identified
themselves as recent Ground 8 users . In practice,
the actual figure is certain to be somewhat greater .
This reflects the fact that – notwithstanding the
Table 5.10 – Associations having made recent use of Ground 8 powers
HAs having sought possession using Ground 8
powers during previous three years
No of HAs % of all HAs in category
Association status
Transfer 14 11 .5%
Non-transfer
Association region
42 40 .4%
London 22 56 .4%
South East 6 18 .2%
South West 1 4 .0%
Central 14 22 .2%
North 13 19 .7%
All HAs 56 24 .8%
Source: Online survey
Note: Region is classified here in relation to the regional office from which the former Housing Corporation regulated the relevant association . In a
few instances (eg housing association groups where the head quarters is in one region but subsidiaries are in others) this may not be the region in
which an association itself operates .