s8 on 4-weekly tenancy

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    s8 on 4-weekly tenancy

    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?

    #2
    Originally posted by Snorkerz View Post
    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."
    The information in my posts is provided 'as is'. This is not intended to be legal advice. Legal or other professional advice should be sought before acting or relying on this information or any part of it. I will not be held responsible for loss or damage arising from errors in the information or the way in which a person uses the information on this . For more information on your query use the '' link at the top of this page. Agreements, Forms & Notices can be found .

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      #3
      Tom999 - you confuse me - did you edit your post?

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        #4
        Snorkerz - the post was edited and the final version is as above in post #2.

        Did you rate the thread as 5 stars? If so, why?
        The information in my posts is provided 'as is'. This is not intended to be legal advice. Legal or other professional advice should be sought before acting or relying on this information or any part of it. I will not be held responsible for loss or damage arising from errors in the information or the way in which a person uses the information on this . For more information on your query use the '' link at the top of this page. Agreements, Forms & Notices can be found .

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