s8 on 4-weekly tenancy

[Snorkerz]

I have read a suggestion that it's not possible to use s8 on ASTs that have 4-weekly periods because schedule 2 refers to weekly, fortnightly, monthly, quarterly and yearly but NOT 4 weekly.

Is this right?

If not, how much unpaid would be right to issue the s8 notice?

[tom999]

I have read a suggestion that it's not possible to use s8 on ASTs that have 4-weekly periods because schedule 2 refers to weekly, fortnightly, monthly, quarterly and yearly but NOT 4 weekly.

This is true for s.8 g8.

Many LL's let to HB/LHA claimants on weekly or fortnightly tenancies. It's better to let on tenancies with monthly rental periods, rather than weekly, fortnightly or 4 weekly; these may fit in with HB/LHA payments, but for example, for an AST with a 4 weekly rental period, the LL will not be able to serve mandatory notice under Section 8 Ground 8* (of The Housing Act 1988 (as amended) Schedule 2, Part I). Also, for any weekly based rental period, it may be slightly more trickier to calculate notice periods.

"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 [F9 eight weeks’] rent is unpaid;
(b) if rent is payable monthly, at least [F10 two 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."

F9 & F10; as amended in The Housing Act 1996, s.101.


See: Ground 8 in Schedule 2: two months' rent?

"B. There is no ground 8 if rent is payable four-weekly (because "month" means "calendar month" [s.61 of Law of Property Act 1925]).
C. Similarly, there is no ground 8 if rent is payable two-monthly, half-yearly, University-termly, etc."

[Snorkerz]

Tom999 - you confuse me - did you edit your post?

[tom999]

Snorkerz - the post was edited and the final version is as above in post #2.

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