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Can a S8 Notice be served on day 32 of arrears?

Started by Teabin, February 11, 2024, 10:27:30 PM

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Hello, I have had a search but I cannot find the answer I seek. I was under the impression that you can serve a section 8 on 32nd day of arrears if the rent is paid monthly in advance, because you have your first month's rent arrears, but because it's paid in advance, on the second month at 32 days you have your second month of arrears. Is this correct? My estate agent said no, it needs to be two full months ie you cannot serve the S8 until 60 days have passed. I would be very grateful for clarification. Many thanks, best wishes


For ground 8 to be made out, if the rent is paid monthly, two month's rent has to be "unpaid" when the notice is served and when there's a court hearing for any subsequent possession claim.

So the day after the second rent due day, if no rent is received and the previous month was also not paid, the notice can be served.

You (and your agent) need to be avoid using numbers of days, though. The unit is months (8 weeks if the rent is paid weekly).

Other grounds have different requirements, so not all section 8 notices have this condition.