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View Full Version : Best wording for s.8 Notice re unpaid rent?



greengriff
15-09-2008, 14:19 PM
In the past I've used something along the lines of the following:

'As of Xdate the tenant owes £xxx in unpaid rent. This amount equals 2 months X weeks and X days of rent arrears and continues to increase at £x per day'.

Now that's worked just fine but I'd prefer something much simpler, in case a judge takes umbridge over the something small (like the way I've calculated my daily rent amounts). Ideally I'd like to say something like:

'As of Xdate 2 months rent is unpaid'.

That way if I'm a couple of days after the 2 months before I do the notice I don't have to mess about calculating things, or pointing out that the debt is increasing etc. Has anyone used such simple wordinf successfully - or equally as important, UNSUCCESSFULLY? What simple, straightforward wording do you use (examples please) or can it not be made any simpler than my 'ramble' above?

jeffrey
15-09-2008, 14:43 PM
Why not just:
a. rent is £xx per calendar month (equal to £yy per day);
b. as at today, T owes £zz; and
c. T therefore owes more than two months' rent?

Remember: use annual total-rent basis for calculating £yy per day.

greengriff
15-09-2008, 17:10 PM
That is hardly any simpler than my original 'ramble' and still means daily calculations. However if that's the way it has to be then that's the way it has to be. The only problem I can see is if a judge gets funny about what constitutes 'owing 2 months rent'. The wording of the S8 state that '2 months rent is unpaid', meaning you can issue a S8 one day after the tenant misses their second payment in a row, but at that time they are only really 1 month and 1 day in arrears.

mind the gap
15-09-2008, 17:32 PM
That is hardly any simpler than my original 'ramble' and still means daily calculations. However if that's the way it has to be then that's the way it has to be. The only problem I can see is if a judge gets funny about what constitutes 'owing 2 months rent'. The wording of the S8 state that '2 months rent is unpaid', meaning you can issue a S8 one day after the tenant misses their second payment in a row, but at that time they are only really 1 month and 1 day in arrears.

That is immaterial. Unless the tenancy agreement allows for the payment of rent 'in arrears' , i.e. after the tenant has lived in the property each week/month - which is extrememly rare, almost unheard of! - then the point at which you can issue a section 8 is on the day when they owe you two months rent. In the case where rent is paid monthly in advance, that would be on the day after the rent has not been handed over for the second month in a row.

greengriff
15-09-2008, 18:16 PM
Thanks for your help guys.