Basic S8 question!

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    Basic S8 question!

    Hi all,

    After a fair bit of reading on this forum, I was under the impression that once a T was owing two months rent, i.e. a month and a day unpaid that a S8 could be issued.

    However, upon reading the G8 requirements, it seems that it is actually three months rent unpaid, i.e. 2 months and a day.

    I have just misunderstood people before, or maybe they misunderstood the G8 rules?!

    The ground is cited below for reference.

    Ground 8

    Both at the date of the service of the notice under section 8 of this Act relating to the proceedings for possession and at the date of the hearing—

    if rent is payable weekly or fortnightly, at least thirteen weeks' rent is unpaid;

    if rent is payable monthly, at least three months' rent is unpaid;

    if rent is payable quarterly, at least one quarter’s rent is more than three months in arrears; and

    if rent is payable yearly, at least three months' rent is more than three months in arrears;

    and for the purpose of this ground “rent” means rent lawfully due from the tenant.

    Kind regards,


    Your reading the old rules, it's been two months rent unpaid for some time.
    The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.


      Thank you!

      Out of interest when did they change? Was it an ammendment to one of the HA's?

      Kind regards,



        Section 8 as amended by Housing Act 1996 - Section 101


          Thank you :-)


            Best source for updated legislative text is
            JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
            1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
            2. Telephone advice: see
            3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
            4. *- Contact info: click on my name (blue-highlight link).




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