Length of arrears.

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    Length of arrears.

    Hi All,

    I have a hearing date set for 3rd June for S8 grounds 8, 10 and 11.

    T pays rent on 1st of each month.

    On the hearing date, 3rd June, if T pays rent up to and including 1st April, and still owes rent that is due on 1st May and 1st June, does this mean he is 2 months in arrears or is he 1 month and 3 days in arrears?
    Is ground 8 still valid here or only if he owes rent from the 1st April onwards?

    Any help much appreciated.

    Many thanks.

    #2
    Originally posted by kirsty20 View Post
    I have a hearing date set for 3rd June for S8 grounds 8, 10 and 11.

    T pays rent on 1st of each month.

    On the hearing date, 3rd June, if T pays rent up to and including 1st April, and still owes rent that is due on 1st May and 1st June, does this mean he is 2 months in arrears or is he 1 month and 3 days in arrears?
    Is ground 8 still valid here or only if he owes rent from the 1st April onwards?
    A. "If T pays rent up to and including 1 April", that covers all of April.
    B. Rent next falls due on 1 May.
    C. So, if T does not pay rent of 1 May and 1 June, he is- as at 2 June- owing two months' rent. G8 therefore applies. Note that, for rent payable weekly/monthly, the Act says 'rent unpaid' (not 'in arrears').
    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).

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      #3
      Thank you very much Jeffrey, much appreciated.

      That makes it much clearer.

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