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How Long is ‘3 Months In Rent Arrears’, Really?

Two months Rent Arrears

How long is 3 months rent arrears? Seems like a stupid question because the answer is in the question, right? Well, kinda’

I’ve realised there is apparent confusion over the matter because over a relatively short period of time, I’ve seen multiple people ask how to calculate rent arrears, over in the Landlord Forum (usually because landlords are trying to workout when they can start the eviction process).

Most landlords know that they’re allowed to serve a section 8 eviction notice to a tenant if their tenant is two three months in arrears (the ground for evicting a tenant for rent arrears increased from two to three months with the introduction of the Renters’ Rights Act).

The “three months” is usually calculated in one of two ways, but there is actually only one correct way!

Many people seem to do this the wrong way, and the unfortunate consequence can be both expensive and unnecessarily frustrating. Fortunately, using the wrong method for calculating the arrears timeline does not make a notice invalid – only delayed.

The confusion arises when people misunderstand what constitutes “one month in arrears”. The wrong method is to assume that a tenant is one month in arrears when they are 29–31 days (depending on the month) late in paying rent.

Miscalculating how arrears accrue can therefore lead to incorrectly assuming when that threshold has been reached — or missed entirely.

The Correct Way to Calculate Rent Arrears

  • Rent is usually charged in advance on a fixed date (e.g. the 1st of each month).
  • If rent is not paid on the due date, the tenant immediately falls into arrears.
  • Arrears are calculated based on missed rent payment periods, not simply the number of days that have passed since payment was due.
  • A tenant is 1 month in arrears once they have missed one full rent payment period.
  • A tenant can become 2 months in arrears once they have missed two rent payment periods — which may occur in just over a month depending on the timing of payments and the rent cycle.
  • A tenant becomes 3 months in arrears once they have missed three rent payment periods (the relevant threshold for rent arrears possession grounds).
  • This is why arrears are not calculated purely by counting calendar days since the last payment — they are based on how many contractual rent instalments remain unpaid.

So if you thought the wrong way was the right way, perhaps landlord law got slightly more tolerable.

Landlord out xo

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John Chadwick 13th November, 2012 @ 14:38

My tenant owed me between £400 and £1000 over a period of 18 months, she kept paying extra payments to me to clear off her debt and then one month the payment stopped, she said the DWP had made an error and it would all sort its self out, bollocks!. The bitch had spent the money on a holiday to Spain. but because the amount was never 2 months worth of rent money (£1200) they would not pay me direct.

In the end she served me notice to vacate claiming i was harassing her for the money she had in effect stolen from the DWP, the DWP didn't seem to care about that when i told them.

The whole system is really fucked up, i will never let my house to a DWP tenant again.

She left my house having an electric and gas prepayment meter because she had fallen into arrears with them as well, i knew nothing about it until the day i went to see her go and collect keys etc- and guess what-the fucking bitch had done a runner.

I had to paint the house and put new carpets down as there was dog piss and shit everywhere despite there being a no pets in house in tenancy agreement.

I'm not having a go at other DWP people its just I had such a shitty experience, i hope the bitch gets what she deserves.

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Benji 13th November, 2012 @ 15:30

John,
Sorry you've had a bad time.

A lot of your problems could have been avoided with;

1. Thorough referencing
2. Credit check
3. Home Owning Guarantor (with referencing/credit check)
4. Deposit
5. Rent in advance
6. Rent Guarantee Insurance
7. Section 21
8. Regular inspections
9. Insisting on direct payment if it goes wrong.
10. Getting the council to work with you and having the tenants permission to discuss the claim. (I know, I know! very, very difficult and vexing but it is possible)

I've stopped at 10 for a nice round number, any additions welcome.

Not having a go John but this comes up time and time again. At least you've come out of it better than many.

DWP, DSS, HB, Welfare whatever etc can make excellent tenants but you need to get it right from the start and know exactly what youre getting into.

As for the pre payment meters, the utility companies have to replace with normal contract payment- as long as the next occupant is creditworthy, or if it bothers you that much, get it swapped over when you are the bill payer when its empty.

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Smithy 13th November, 2012 @ 15:38

One of my tenants lost his job last year. Up until then he paid his rent promptly, in advance every month.

As soon as he was relying on Housing Benefit, two things happened.

Firstly there was the inevitable delay while they sorted out his entitlement. Then the fact that his rent is now paid (three weeks) in arrears, although he did sign for it to be paid directly to me.

So I would have been within my rights to have evicted him for arrears as described in your excellent (as always) article. I think some landlords do just that as soon as a tenant becomes unemployed.

It's only because I have a kind, sympathetic* (and modest) nature, and he is generally a good tenant that I let him stay.

* I also wrote him a character reference for the Court when he was up on an assault charge. I do get a bit cross with posters who seem to think every landlord is a money grasping git.

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arpit 22nd November, 2012 @ 08:14

John Chadwick. I have just had to deal with a dss single mum skank who was constantly in 2 to 3 months arrears. I have managed to get her out two weeks ahead of her contract end date as the heating conveniently broke and i refused to fix it. I have to get the house fumigated for fleas and redecorated. I could have got her out sooner, but i was always misinformed by the letting agent as to what constituted arrears. if u want a job done properly, best do it yourself. as for benjis comments: everyone can look good on paper, it until they are in your house that they become a c*nt.

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Benji 22nd November, 2012 @ 20:57

"as for benjis comments: everyone can look good on paper, it until they are in your house that they become a c*nt."-Arpit

I disagree with that but even assuming they managed to look good on paper and your thorough checking came up with nothing, you would still have a home owning guarantor and rent guarantee insurance and deposit to cover your losses.

"the heating conveniently broke and i refused to fix it."-Arpit

Mate, even if you don't watch daytime TV, your ex-tenant probably does and Jeremy Kyle etc is filled with adverts from ClaimFUupGoodLawyers.

They would cream themselves to get a case of an 'evil' landlord refusing to fix the heating and forcing an innocent Mother and her child out of their home just before Christmas.

Even if you managed to convince a mad Judge that the arrears, fumigation and redecoration should offset the compensation, ClaimFUupGoodLawyers aren't bothered because they don't care if the tenant gets to keep every penny of f*ck all of the compensation thats left.
They are licking their lips over the thousands in legal fees you will pay because you own a property and cant hide it from them.

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Tom 12th August, 2014 @ 00:41

Sorry this calculation is WRONG.
Since the new EU regulations he is after 30 days one month in arrear. Even payment upfront does makes him in arrear because he has not received the "service".

@Smithy: Well that problems comes because rent is not paid upfront by the council.

it is nice the discussion of "referencing". The quality of all of this referencing agencies is poor. Data are massivly wrong.
Do your own referencing. Let them bring their own creditscoring, call the employers. AND don't trust agencies. meet your tenants and trust your feeling.

I had properties in different countries in Europe. And have to say here it is easy to kick out a tenant. In other countries you are lucky if you get after a year the first meeting in court. For social reasons they will stay and they will not pay you. or you need a very good reason to take back posession.
The main disadvantage in the UK system are the creepy agents. The agents do not provide any benefit they want to make money on the costs of landlords and tenants.
The life is easier without them.

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Gordon 8th January, 2015 @ 12:15

Thanks for the glowing reference Tom

However if you do use a "creepy agent" these matters are dealt with a lot more efficiently. Tenants take advantage of their relationship with the landlord and in my experience most of these problems lie with landlords who don't use agents. They also tend to be used by rogue tenants that are known to the agents in the area who know that an agent will no longer take them on.

Not all agents are creepy Tom. Surprisingly some of us are quite nice people who try and help the landlords. After all a happy landlord is good for business!

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Lara 21st March, 2016 @ 10:01

So how do you figure out arrears if there was a month I was short paying rent on 6 months ago? And then late paying rent for current month? How would I figure that out if I'm worried about being evicted?
Currently I owe for this month,but was on time and paid in full the other 34 months I've leased. The landlord is threatening me now to evict, even went as far as trying to get in to my condo at 9pm scaring my 1 year old son and myself!

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Craig 6th January, 2017 @ 10:53

Do you think it would be easier to offer an early break option for tenants to vacate, when there`s no reality that they can pay the outstanding rent. I am just looking at damage limitation in the difference with losing £1100 for 2 months rent, but retaining the deposit and offsetting any legal costs. I would rather take a relatively small loss, and move on to something more fruitful. I certainly don`t want part payment as a token gesture just to buy more time and game playing. I find it appalling that so called `advice` organisations actually encourage tenants into delay tactics, when they know who the real problem is.

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Pauline 26th September, 2017 @ 18:15

Always thought I had good judgement of character, recently trusted young couple , didnt get references, silly silly me!! they said they hadn't rented previously, only lived at home with parents. Got a deposit, and usual 1 months rent in advance, then they defaulted. Been playing 'cat & mouse' with me, can't even access the house. Lie Lie Lie, when I manged to approach them in street they accused me of harrassment. Haven't yet issued section 8 notice as like others unsure of getting the arrears date right. Have found these comments very helpful and now the devious couple have defaulted on the 2nd month I shall issue it.
To summarise, it seems that Tenants can sit back, do what they want and are in control when they break the contract and the good landlords don't.

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