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2 months arrears for section 8 ground 8

Started by Jackson, February 14, 2018, 05:15:29 PM

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Jackson

Hi, for the Section 8 ground 8: what is the definition of 'arrears' please – the tenant pays one month in advance, for example if he moved in July 4th and he pays first payment (let's say it's £1000 per month) – due date: July 4th for rental period July 4th-Aug 3rd. Then if for example on Aug 4th he only pays £800 – When would he be 'two months in arrears' as defined in the Section 8 – would it be October 4th because he then still owes £200 from August plus being 30 days late for the September 4th £1000 payment?
The section 8 notice also says 2 months of 'rent unpaid' – is this the same as 2 months 'arrears'? and does it means any amount of the rent that was due, even if only £10 of it is unpaid.


Jackson

In addition to this I've seen some other people say that there is a difference between 'two months in arrears' and 'two months unpaid' in that case they say if rent is due on say 4th July and then it is still not paid by 5th August, that is two months rent unpaid – the full rent of the due date 4th July and then one day after the 5th August becomes late, there are two months unpaid . . . This makes a big difference to be able to serve the section 8 notice 32 days after the first payment was unpaid rather than 60 days (when there are two months 'arrears')

Simon Pambin

This article may (or may not) help: http://www.propertyinvestmentproject.co.uk/blog/how-long-is-2-months-in-arrears-really/

I believe you're entitled to offset any receipts against the oldest period due, so, using your example, your tenant couldn't pay £10 a month for six months and still claim not to be two months in arrears. Conversely, if your tenant has paid £990 per month for two months, you can't claim that he's two months in arrears. You could only make that claim when the total outstanding reaches £2,000.

me-thinks

Hi. My tenant was not 2 months in arrears, but in 6 months only paid twice on time, twice late (full amount) and twice part payments so I used Form 3, Section 8 on Grounds 11. This way you can give them two weeks notice of applying for court action. This way you can also apply for any arrears. We went to Court and I won an order for possession and arrears. HAPPY DAYS