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—
    (a)

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

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

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

    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,

    John

    #2
    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.

    Comment


      #3
      Thank you!

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

      Kind regards,

      John

      Comment


        #4
        Section 8 as amended by Housing Act 1996 - Section 101

        Comment


          #5
          Thank you :-)

          Comment


            #6
            Best source for updated legislative text is http://www.statutelaw.gov.uk/Home.aspx.
            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 http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
            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).

            Comment


              #7
              Bookmarked!

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