Confirmation that I can serve section 8

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    #16
    Originally posted by KTC View Post
    A two month worth advance payment at the start of the tenancy where the second month is for some unspecificed point in the future is a deposit and need to be protected
    Agreed.

    But if the second months worth is stated to be for month 2 and the payment in month 2 is stated to be for month 3, etc, then there is no payment for "some unspecificed point in the future".

    However, I would not go there because of the issues it raises.

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      #17
      What a can of worms all because I thought I was protecting myself as I could not get a rent guarantee scheme for this particular tenant. I was very clear when they moved in the arrangement and also explained how at the end of the term that the advance payment would mean they would not have to pay that month. The actual deposit I took I provided both the prescribed information and T&C's and also the how to rent guide. Obviously lesson learnt.

      Notwithstanding what I done, when issuing a section 8 under "normal" circumstance can it being issued at the start of the 2nd month in arrears i.e. Tenant moved in on 16th of the month in Jan paid Feb rent on 15th then in March did not pay (rental period March to April) can a section 8 be issued on say the 17th April?

      Thanks

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        #18
        Your question on "section 8" in general, then obviously yes, because you can always give a notice under ground 10.

        If you mean specifically ground 8, then as I have already stated, here assuming rent is payable monthly, then two months worth of rent that has been due and is as yet unpaid filful the criteria.
        I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

        I do not answer questions through private messages which should be posted publicly on the forum.

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          #19
          Thanks KTC I think I am going to try the ground 8 and 10 I would hope a judge would see the side of the LL here. Only other time I have took someone to court then the judge seemed very fair. What I got slightly confused with is that on a document I read it said you have to be 2 months rent unpaid but guess that as rent is in advance once month one has passed and the 2nd month started then that the 2 months?

          Lesson learnt for sure, could be that the tenant is going to go by the 15th of this month as I offered an incentive but want to be sure that I understand what I need to do after the 15th.

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            #20
            Originally posted by scoobydo View Post
            on a document I read it said you have to be 2 months rent unpaid but guess that as rent is in advance once month one has passed and the 2nd month started then that the 2 months?
            Yes.

            It is "rent due has not been paid", not "the period for which rent not paid has completed".

            So, for example, rent payable monthly on 1st month, rent paid for December, rent not paid for January, rent not paid 1 February: 2 months' rent is overdue on 2 February.

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              #21
              Thanks for the further clarification. Will keep you all posted of outcome

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