Timing of Section 8 Notice

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  • Timing of Section 8 Notice

    Have found the only little bit of discussion on the timing of issue of Section 8 notice on the RLA forum ... if a Landlord is considering using Section 8 (rent arrears) to gain possession does s/he have to wait until the end of 3 months?

    The reason for my thinking is as follows:
    1. Tenant pays rent in advance so tenant cannot obviously be 1 months in arrears until that month has ended
    2. Landlord takes 1 months rent as deposit (AST states "You will get your deposit back when this agreement ends and you leave the property as long as you have kept to all the agreements and conditions and you have paid all the rent and bills for the property. If you do not do so we may take from your deposit any rent legally owed to us").

    So as far as any possession proceedings are concerned must the Landlord allow for any monies received as deposit when making his calculations?

    Many thanks folks,

  • #2
    It should say on the contract that the deposit is used against damage to the property and cannot be used in lieu of rent so I do not think you must take the deposit into account when considering possession for rent arrears.

    Someone will correct me if I'm wrong.


    • #3
      I believe I am correct in saying that the deposit is irrelevant, while it can be used to cover unpaid rent, it is mainly there to cover damages. Courts do not ask about deposits, they simply want to see two full calendar month's arrears, the figues calculated on a daily basis. To answer your 3 months question, yes, you could go three months without receiving a payment but the first month has already been paid in advance eg rent due 1st June and paid, rent due 1st July, unpaid, at the 1st August, the tenant would only be one month in arrears because the whole of June was paid in advance.


      • #4
        I asked a similar question here http://www.landlordzone.co.uk/forums...=1293#post1293

        dont think it was ever answered.


        • #5
          David Button has posted quite a bit on this subject but briefly:-

          A Section 8 Notice can be served on the tenant 14 days after the tenant is two months rent in arrears (this is defined on when payment is due, i.e. in advance or in arrears).

          If an AST doesn't say then it's automatically in arrears. You can therefore serve a S.8 Notice 14 days after the tenant has failed to pay rent for two months when due; in other words it could be a month and 14 days if rent is due in advance.

          You should also add on discretionary Grounds 10 & 11, to the mandatory Ground 8 of your S.8 Notice.
          The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.


          • #6
            Stuck record!!
            GOVERNMENT HEALTH WARNING: I am a woman and am therefore prone to episodes of PMT... if you don't like what I have to say you can jolly well put it in your pipe and SMOKE IT!!

            Oh and on a serious note... I am NOT a Legal person and therefore anything I post could be complete and utter drivel... but its what I have learned in the University called Life!


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