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Old 23rd April 2007, 01:46   #1 (permalink)
meagain
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Default Rent arrears

Precisely how is the period for arrears determined? Consider the month of April, with rent payable on the first of the month. Does it become in arrears by two months on 1 June (two months after payment date), 30 June (two months after the rent period)? Must it be two clear months, i.e. at that point must the rent for May also have gone unpaid, or is it merely that rent has been behind for two months?

No pressing reason for this (part of an ongoing saga), but this probably needs to be made clear anyway.
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Old 23rd April 2007, 12:41   #2 (permalink)
rosysparkle
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Default Re: Rent arrears

If the rent is due on 1st April, and remains unpaid, and nothing more is paid, then on 1st May* there is two months arrears and on 1st June there is three months arrears.

If some rent is paid, then that should be allocated to the most outstanding, so if no rent is paid on 1st April but on 1st May one month is paid, the rent is back to being one month in arrears.

If the rent has often been late, and is still behind when a s8 is served, then grounds 10 and 11 will still stand, even if the rent is less than two months behind.

I don't think I explained that very well, so do ask more if you need a bit of clarification!

*I originally typed March - thanks to blacksheep for pointing this out!

Last edited by rosysparkle; 23rd April 2007 at 13:52.
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Old 23rd April 2007, 13:25   #3 (permalink)
blacksheep1979
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Default Re: Rent arrears

I would have thought the first of march would have been 12 months or time travel
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Old 23rd April 2007, 13:47   #4 (permalink)
Joa
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Default Re: Rent arrears

Oi, blacksheep, you are naughty
you know that it's just a typo!
besides, if you think you can do better....go on!
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Old 23rd April 2007, 13:51   #5 (permalink)
rosysparkle
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Default Re: Rent arrears

Oops. I'd blame the wine but I didn't have any last night. I will blame the lack of wine for my fingers' inability to distinguish between March and May.

I'll edit it.
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Old 23rd April 2007, 23:29   #6 (permalink)
meagain
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Default Re: Rent arrears

So it's not actually two months, then? Just that by my reckoning, remaining unpaid by May 1st would be one month late. I'm guessing I've probably misunderstood something somewhere in my original reading.
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Old 24th April 2007, 09:42   #7 (permalink)
MrShed
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Default Re: Rent arrears

I actually agree with meagain on this - they are not actually in 1 months arrears until 1 month after the pay date, IMO.
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Old 24th April 2007, 11:27   #8 (permalink)
rosysparkle
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Default Re: Rent arrears

Quote:
Originally Posted by meagain View Post
So it's not actually two months, then? Just that by my reckoning, remaining unpaid by May 1st would be one month late. I'm guessing I've probably misunderstood something somewhere in my original reading.
But there's another month rent due on May 1st, isn't there? So if that isn't paid, on May 1st there are two months rent outstanding.
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Old 24th April 2007, 12:06   #9 (permalink)
jampot
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Default Re: Rent arrears

Quote:
Originally Posted by rosysparkle View Post
But there's another month rent due on May 1st, isn't there? So if that isn't paid, on May 1st there are two months rent outstanding.
Outstanding, yes. In arrears? I didn't think so.
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Old 3rd May 2008, 20:31   #10 (permalink)
callumsgran
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Default Re: Rent arrears

LOL i love the way this thread was abandoned cos no-one knew the answer!!!
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Old 4th May 2008, 11:49   #11 (permalink)
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Default Re: Rent arrears

Rent, whether paid in arrear or in advance, has a date on which it is due. If that date passes without the rent being paid it is "in arrears". Rent continues to be in arrears until all rent that is outstanding has been paid. The period by which it is described to be in arrears is the period to which the amount outstanding is attributable.
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Old 4th May 2008, 12:01   #12 (permalink)
djgordyp
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Default Re: Rent arrears

Let me have a stab at explaining it
You move into the property on 1st March. The first payment is due on 1st April but you don't pay it. You now owe one months rent and are therefore in arrears because you didn't pay on the due date.

See, that wasn't hard now was it
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