How is rent unpaid calculated for a sec 8 notice?

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    How is rent unpaid calculated for a sec 8 notice?

    {Mod - this post moved from another active thread}

    I to am in a similar situation and need to serve a Sec 8 notice on my tenant for non-payment of rent. A question that I don't think has been answered yet is do we need some sort of proof that the Sec 8 notice was served? Either recorded delivery or signature from the tenant and what if they refuse to sign?

    #2
    How is rent unpaid calculated for a sec 8 notice?

    Hi all.

    For Ground 8 on a Section 8 notice to be met a tenant has to be two months rent in arrears (but i'm sure you already know that )

    The rent on my property is £550pcm a proportion of which is paid directly to my by the local housing benefits department. The tenant hasn't paid the remainder of the monthly rent for two months now and owes a total of £674.72.

    Can I submit a Sec 8 notice because the tenant has failed to top up two months rent, or do I have to wait for the arrears to total two months rent.

    I hope that all made sense.

    Cheers folks, Anthony

    Comment


      #3
      Seems simple to me. Two months rent is £1100 so you have to wait until £1100 is owing (unpaid - not in arrears). That situation would first arise on the day after a payment is due.

      Comment


        #4
        It must be 2 month's full value of rent, so if they are only missing the top-up portion, then you are a long way off using rent arrears for S8 claim.

        Where are they in the fixed term? I would issue a S21 now, to expire in 2 months, or end of the fixed term (whichever applies), and that may prompt them into catching up.

        Did you take a deposit and protected it correctly? Have you given tenant the PI from the scheme used? If your tenancy agreement allows deposit to cover unpaid rent, you can deduct their arrears when they leave, and claim for any additional amount owed.

        Comment


          #5
          You do need proof of service, but recorded delivery alone is not recommended - if the tenant refuses to sign it gets messy. You will get advice for free from the members on here, or there are companies that will do all the donkey-work for you - mine could have a section 8 notice served on your tenant today, anywhere in England/Wales.

          You can serve a section 8 on grounds 10 & 11 (discretionary grounds) and incorporate ground 8 once that becomes applicable - there are fees to add it but it may be worthwhile if it allows you to commence the whole process earlier.

          In fianancial terms, it usually makes sense to use section 21 for a benefit claimant tenants.


          The advice I give on this forum is for general information only. You are advised to seek specialist advice. I can provide such help on many tenancy matters including eviction, call 0800 270 7747 for details

          Comment


            #6
            Originally posted by noggin View Post
            Seems simple to me. Two months rent is £1100 so you have to wait until £1100 is owing (unpaid - not in arrears). That situation would first arise on the day after a payment is due.
            Can I clarify this as I always get confused? Does this mean, if a tenant pays rent monthly in advance, say on 1st on December he did not make his normal payment, come 1st of January - he did not make that payment either - you could commence proceedings straight away under a S8? (Effectively - it would be a month in arrears, but 2 months unpaid?)

            Comment


              #7
              Originally posted by Claymore View Post
              Can I clarify this as I always get confused? Does this mean, if a tenant pays rent monthly in advance, say on 1st on December he did not make his normal payment, come 1st of January - he did not make that payment either - you could commence proceedings straight away under a S8? (Effectively - it would be a month in arrears, but 2 months unpaid?)
              Yes, if by 'proceedings' you mean serving s.8 notice to tenant.
              For ground 8, 2 months must be unpaid both at the time of service of notice and at time of court hearing.

              Comment


                #8
                Remember it as 2 months "owing", ie 1st December = 1 month owing, 1st January = 2 months owing. The tenant is not strictly in arrears, as they are paying in advance, but if they have missed 2 payments, then S8 can be served. However, the full 2 months must still be owing at the time of going to court,so if tenant even makes a minimal payment to reduce this, the ground of "rent arrears" alone will fail.

                In OP's case, it is only the top-up payment that has been missed, so the full 2 month's value "owing" has not been reached yet.

                Comment


                  #9
                  Thanks. Yes I understand now.

                  Comment


                    #10
                    Last few posts illustrate the difference between 'arrears' - a term often used by landlords - and 'owing' the term used in the legislation for shorter tenancy periods.

                    Comment


                      #11
                      Why does everyone keep referring to two months rent owing when it is eight weeks in arrears at the time of serving the section 8 notice and at the court date

                      Comment


                        #12
                        Originally posted by teeps View Post
                        Why does everyone keep referring to two months rent owing when it is eight weeks in arrears at the time of serving the section 8 notice and at the court date
                        Because it's not 8 weeks arrears, you can serve a S8.g8 when the rent has been unpaid for two months.

                        What that means is that if the rent is not paid for one month, in it's entirety, and then is also not paid on the due date of the following month there is two months unpaid. It only becomes arrears after the period it is supposed to pay for.

                        Since the rent is supposed to be paid in advance, (unless stated otherwise in the agreement) then you are able to issue the S8.g8 the day after the second payment is missed. Be aware though that if anything is paid to bring the sum below the two months owing that a ground 8 will fail. Also, the two months owing can be achieved in dribs and drabs such as if a tenant continually short pays you.

                        The mighty J explained all this to us years ago.
                        I offer no guarantee that anything I say is correct. wysiwyg

                        Comment


                          #13
                          Originally posted by teeps View Post
                          Why does everyone keep referring to two months rent owing when it is eight weeks in arrears at the time of serving the section 8 notice and at the court date
                          Could this be the reason?
                          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

                          Comment


                            #14
                            Thanks for clarifying that for me Snorkerz

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