serving section 8, how much rent will be due?

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  • serving section 8, how much rent will be due?

    if you serve a section 8, to get the tenants out after say 3 months of occupancy but they are on a 6 months AST, how much will they be liable for after they have been removed from the property?

    eg they have paid only for the first month, will have stayed at the property for at least two additional months without paying, and then will have to leave. Will they be liable for the remainder of the 6 months period of the AST (ie 5 months in this instance)?

    thanks in advance

  • #2
    also as tenants are paying in advance, can you serve the section 8 at the point at which they are behind with two months payment or at the point at which the two months for which they are paying the rent have expired?

    In other words do I have to wait for them to consume the full two months, which means by that stage they would start to be late to pay for the 3rd month paid in advance?

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    • #3
      charge them 6 months rent unless there is avery very good reason why not paid rent?? also you have to wait untill 2 full months in arrears so start the CC papers

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      • #4
        They are liable until the day they leave. I think it's called "use and occupation" or something like that. If you get possession after 3 months but stay until a bailiff removes them at, say 4 months, that's all they are liable for.

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        • #5
          sadly timecales seem to be awful for a section 8 (at least in our area which is not a major city) - our tenants got to 2 months overdue, served section 8, papers into court 2 weeks later. They will be 4 months overdue by the hearing date. Depending on how long they are given to get out if we win and whether or not they go or we have to go back to court for baliffs we are looking at 5 months or more to get them out and they have paid us absoultely nothing. Doesn't seem fair does it?
          Unshackled by the chains of idle vanity, A modest manatee, that's me

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          • #6
            However islandgirl, that does have a silver lining in that they are liable for the rent that entire time and you will be awarded it!

            OP - you cannot serve Section 8 until they are physically 2 months in arrears....so only when they have lived there for two months rent free. Even though you rent due date may have passed, they are technically paid up if you see what I mean.
            Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

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            • #7
              thanks for clearing that up, I got it now fantastic =p

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