Fair Rents (Scotland) Bill or Artificial state manipulation of free market rent?10:34 AM, 6th November 2020
About 4 weeks ago 36
How do I work out when a tenant hits the ‘2 months arrears’ threshold that allows for the serving of a section 8 notice citing ground 8 “substantial areas?
Consider an AST requiring a monthly rent payable in advance on the 1st of every month.
Lets say the rent is £800 and up till now the tenant is up-to-date on payments.
If he fails to pay any rent on the 1st of Jan, then he is officially ‘1 month in arrears’ even on the 2nd Jan (i.e. only actually one day late).
If he also misses his payment on the 1st of Feb he’s now two months in arrears and as such a section 8 ground 8 could be served, even if it’s only a month and a day since he missed his first payment.
So whats the situation if he pays £400 on the 1st of Feb (i.e. half the monthly rent) at what point is he now 2 months in arrears?
Does the landlord have to wait until the next rent day 1st March before serving a section 8 or can rent be calculated on a pro-rata basis allowing the section 8 notice to be served in the middle of Feb?
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