Section 8 notice, G8

[Thyrsis]

This lays out the time rent has to be overdue ie:
Rent is paid monthly and at least two months' rent is owed.

The AST agreement we have with our tenant says that the rent is payable in advance on the 1st day of each month ...

I assume from this that if rent is not paid on Feb 1st we can serve a Section 8 notice on March 2nd?

However there is also a clause in the AST that says the tenant will pay 6 months in advance (half yearly)

Does this change anything? Thanks.

[westminster]

This lays out the time rent has to be overdue ie:
Rent is paid monthly and at least two months' rent is owed.

The AST agreement we have with our tenant says that the rent is payable in advance on the 1st day of each month ...

I assume from this that if rent is not paid on Feb 1st we can serve a Section 8 notice on March 2nd?

However there is also a clause in the AST that says the tenant will pay 6 months in advance (half yearly)

Does this change anything? Thanks.

So is the rent payable monthly, or half yearly

If it's monthly, then it works like this: if tenant doesn't pay rent due on 1st January, and then the tenant also doesn't pay the rent on 1st February, then you can issue s.8 notice on 2nd February (because that is two months owing and unpaid.

Don't know what you do if the rent is due half yearly as it is not mentioned in the Act.

Housing Act 1988 Schedule 2, 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 [eight weeks’] rent is unpaid;
(b)
if rent is payable monthly, at least [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.

[Thyrsis]

So is the rent payable monthly, or half yearly

What the agent who drew up the AST led me to believe is that the rent is payable monthly...but the tenant had agreed to pay 6 months in advance. I agree it's confusing!

[jeffrey]

The Agent's comments have no validity unless they reflect the obligations into which T entered.