Removal of ASTs consultation para 3.30

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    Removal of ASTs consultation para 3.30

    I'm just responding to the survey and noticed that this para proposes that "The landlord can serve a two-week notice seeking possession once the tenant has accrued two months of rent arrears." I was struck by the use of the word accrued. With rent payable in advance, at the moment s8g8 is satisfied on the day the second month's rent is due and remains unpaid. Does anyone think this could signify a change so that a full two months where no rent was paid would now have to pass before the ground was satisfied, ie the start of the third month? It may of course be sloppy consultation language or me reading too much into it.

    #2
    Rent being payable in advance means that it is paid before it is accrued. The wording doesn't affect the current two month rule, except if rent is paid in arrears.

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      #3
      Originally posted by leaseholder64 View Post
      Rent being payable in advance means that it is paid before it is accrued. The wording doesn't affect the current two month rule, except if rent is paid in arrears.
      I agree with the first part of of your reply, that it is paid before it is accrued. However, s8g8 is currently satisfied when "at least 2 months rent is unpaid", which when rent is payable in advance and the tenant stops paying happens at the start of month 2 when the second months rent is due. If the legislation changed such that that tenant has to accrue 2 months rent then this condition would only be satisfied at the start of month 3 in that scenario.

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