Section 8. Two months arrears, when?

[Duck]

Hello all,

My query is, how is the term "two months in arrears" defined in relation to serving a Section 8 Notice ?

The rental period runs from the 1st of the month to the last day of that month and the AST document states that the rent is due, in advance, on the first day of the month and also the AST states that the T is in breach of the terms if he pays after the 14th day of the month.

So if the last rent was paid on 1st December for December, would the tenants be 2 months in arrears on:

2nd Feb or 15th Feb or 1st March ?

I read a post on this forum recently and the poster wrote of LL's misconceptions but didn't explain.

Thanks in anticipation.

[TKL]

Hi Duck,

Because the rent is paid in advance, the tenant is officially one month in arrears one day after the due date - in your example, 2nd January.

The tenant would be in breach of the AST terms on 15th January, and two months in arrears on 2nd February.

If you intend to issue a Section 8, be aware that the tenant must be in arrears by that amount on both the date the notice is served and the date of the court hearing. It is a good idea to try to prove one or two additional breaches if you are seeking repossession; a detailed guide on Section 8 notices can be found here.

I hope that this information helps.

Regards,

A

[Duck]

Thank you for clarifying that for me TKL. I'm off to read your link now on Section 8s.

Best regards S.