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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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Never give in ... Never yield to force; never yield to the apparently overwhelming might of the enemy. Churchill, 1941

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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!

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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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Never give in ... Never yield to force; never yield to the apparently overwhelming might of the enemy. Churchill, 1941

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I actually agree with meagain on this - they are not actually in 1 months arrears until 1 month after the pay date, IMO.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

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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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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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  • 1 year later...

LOL i love the way this thread was abandoned cos no-one knew the answer!!!:D

I QUESTION THEREFORE I AM!! [sIGPIC][/sIGPIC]

 

Unfortunately i'm not an expert in any given field legally and my advice and that of the Consumer Action Group and the Bank Action Group is given without prejudice and without liability so please if in any doubt whatsoever seek help from an insured qualified professional. Contents of my posts are purely my own personal opinions and not condoned or endorsed in any way, shape or form by CAG. Thank you! :p

 

 

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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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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:p :D

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  • 9 months later...

She is in 2 months arrears when she is past her due date on 2 months (VALUE, not time) in rent.

 

In other words, your tenant will be 2 months in arrears on the 12th March if she pays you nothing on the 12th of Feb or 12th of March, at this point she will go from 1.5 months arrears to 2.5 months arrears.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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After they are two months in arrears.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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No, as stated, it will be the 12th of March. IF they pay nothing more.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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  • 1 year later...

Hi i'm new to these forums so forgive me if i'm in the wrong place. I have a problem concerning rent arrears that is a little complicated. In March 2008 I took over a lease from a friend who had to leave her tenancy early. There was another occupant in the property who I carried on living with for about 2 months but she decided to leave which would've left me to repay the rent, however her friend (not known to me) decided to continue with the remainder of her lease. The lease subsequently expired and the landlord did not rcreate any tenancy agreement but informally allowed us to live there. In or around september 2008 the landlord advised that there were significant rent arrears and he wanted us out, what then followed was constant visits from the landlord and his 'agents' to the point I had to contact the local police as he had entered the property without notice etc and even threatened me over the phone. I had no rent arrears with the landlord and retained receipts to prove it (I lost some of them in moving recently) however the second tenant had not paid a single penny of rent during his tenancy. This obviously went to the local court in Feb 2009 where I responded advising that I would repay any owed amounts, but I was not responsible for the second tenants arrears. I had heard nothing further and assumed that this had been accepted and dealt with, however I received a visit from a sheriff officer 2 weeks ago with a demand for all!! the arrears and charges as they couldn't find the other occupant, and now they've arrested my wages. Recently I tracked down the second occupant who has spoken with the landlord solicitor and has advised him in writing that he accepts full responsibility for all the arrears, but I am being advised that I am not released from the proceedings as the second tenant may not stick to his agreement.

 

I understand that in scottish tenancy laws under a joint agreement the landlord is entitled to claim from either tenant any arrears owed, but I would question the validity of it being a joint agreement seeing as I moved in before the second tenant and there has never been a formal agreement signed or documented between myself my landlord or the second tenant. Basically i'm restricted from joining the local police force as they will not accept these kind of financial issues which is irritating as they are not mine. Given the 'novelisation :lol:' above can I dispute the arrears claim in any way (i.e. dispute the validity of a joint tenancy) and remove myself from any further proceedings??????

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