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  • Problem Tenants

    When to send the Section 8 for rent arrears

    Hi,

    I am confused as to when I can send a tenant S8 for rent arrears.The tenant rent is due on the 5th of the month.

    1st Feb tenant didn't pay his rent
    1st March tenant didn't pay his rent

    Therefore, can we send the S8 on 2nd March, because 2 months rent is now overdue?
    Or do we need to wait until the end of the second month, so send the S8 on the 2nd April?

    Thanks!

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    I believe 2nd March (i.e. 1 month and 1 day = 2 months in arrears)

    obviously this is assuming your AST says that rent is paid in advance and not in arrears

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    The first thing you've stated is "the tenant rent is due on the 5th of the month".

    Assuming that is the rent due date on the tenancy agreement, that is the date you need to work to.

    So, the first missing month's rent was due on the 5th February, and the next will be due on the 5th March. If you haven't received anything by the end of the 6th March, there will be 2 months' rent arrears and you can issue a S8 notice. But watch out for the tenant paying a lesser amount before that date, as it would bring the total arrears to less than 2 months and you would not then be able to issue a S8.

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    Well the rent is not due until 5 March. So you can issue the notice on 6 March. As the rent is paid monthly in advance you do not need to wait until the end of the month. If the rent is due on the 5th and its not paid on the 5th then it is overdue for the whole month.

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    David Smith
    Landlord & Tenant Solicitor
    Anthony Gold Solicitors

    Find me on LinkedIn: uk.linkedin.com/in/dsnsmith

    All opinions are my own and do not reflect those of my firm. No comment made should be taken as legal advice and you should consult a solicitor or other legal professional for advice on your specific situation.

    I would take advice on issuing a S21 AND S8 Notice in case the T offers to pay a pittance of rent at the hearing which would reduce the claim to less than 2 months, in which event you would rely on S21, no reason necessary.

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    When exactly did AST begin - as S.21 can only be issued on expiry?

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    Not true a S21 may be served 2 months before expiry of the Fixed Term AST.

    If the S21 is served on the 1st day of the 4th month of a 6 month AST that means a PO may be applied for the day after the 6 month AST has expired.

    However as far as I am aware a S21 must be served before 1600 hrs on a working day.

    This could mean that a PO may not be applied for until 2 full notice months have concluded.

    This as a result of a S21 being served on a non-working day if that day was the 1st day of the 4th month of a 6 month AST.

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