Section 8

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    Section 8

    I have a tenant that is in arrears of one and half months but the rent is due again on 12th. Can I serve the section 8 notice now for the two week period to start on the 12th? Hence no action will begin before 26th. I understand if he is not in two months arrears as at 26th I cannot begin proceedings for two months arrears but what if the I continued on grounds 11?

    #2
    Notice s8

    As I understand it, this type of notice cannot be served until and unless the tenant is in two clear months arrears. Well informed but impecunious tenants stay just under the two months arrears so that the landlord can do nothing precipitate during the term certain of the letting.

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      #3
      Originally posted by barretts View Post
      Can I serve the section 8 notice now for the two week period to start on the 12th?
      I understand that the law changed in 2008 / 9

      Example. if rent due 12 june, and not paid, and on the 12 July if still no rent paid, you can now serve notice on the tenant on the 13th july, thereby after one month and one day you noticed the rent was not in your bank account you can issue your notice.

      Two rent payments have been missed seems to be the criteria.

      Although I cant remember which law site I read this on

      R.a.M.

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        #4
        You read it here, posted by one of our legal experts, Jeffrey!

        P.P.
        Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

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          #5
          Originally posted by ram View Post
          I understand that the law changed in 2008/ 9
          No, it didn't.

          Originally posted by ram View Post
          Example. if rent due 12 june, and not paid, and on the 12 July if still no rent paid, you can now serve notice on the tenant on the 13th july, thereby after one month and one day you noticed the rent was not in your bank account you can issue your notice.

          Two rent payments have been missed seems to be the criteria.
          Yes. Read again the exact wording of ground 8- and the difference between cases a/b on the one hand as against cases c/d on the other.
          See post #51 on http://www.landlordzone.co.uk/forums...123#post226123
          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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