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rent /service charge overdue or in arrears

marc3
marc3 Posts: 321 Forumite
Part of the Furniture 100 Posts Name Dropper Combo Breaker
edited 21 June 2015 at 12:56AM in House buying, renting & selling
apologies where this will have been dealt with loads of times previously but not good at 'searching'.

After how long does unpaid service charge rent become in arrears as opposed to overdue.

i know there is stuff about in excess of two months before legal notice etc, but my question is more related to the technical/legal defintion between simply overdue and in arrears'.

are you overdue in the month that it is due in, but if it rolls into the following month-are you then 'in arrears ?
i just don't know
question is not related to the action one can cannot take-but simply the definition in lawof overdue and arrears

ie if rent is due on the 1st of the month, and it has not been paid on the 5th of the month-is it 'overdue' or is it 'in arrears'?

is there a legal differentiation of the term overdue and in arrears and how are they differentiated ? ,and is that number of days related ?
ie are you overdue up to 14 days late, and in arrears if more than 15 days late?

sounds a bit pedantic, but it is something bugging me and i like to use the correct teminology.

thanks for help in anticipation

Comments

  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    No difference. If it's due on 1st June, then on 2nd June you are in arrears.

    However, I suspect you are confusing a long lease with a shorthold tenancy agreement. Which do you have?

    Service charge implies a long lease - you bought a lease (80 years, 99, 125 whatever) and pay an annual service charge for building maintenance/services.

    "in excess of 2 months" applies to an AST, and the arrears required for a landlord to serve a S8 ground 8 notice in order to evict via the courts.
  • skintpaul
    skintpaul Posts: 1,510 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker I've been Money Tipped!
    If you need more time to pay, ask for a copy of the annual maintainance budget, which the s/c should be based on, with your share ('apportionment') stated in the lease. some costs may be equally shared, others based on size of your unit.

    others maybe excluded - eg, door entry system, if you have a separate (basement) entrance..

    NB: If no one pays, there is no ££ in the pot to pay any (cleaning, gardening, common way lighting etc) bills, when needed!
    breathe in, breathe out- You're alive! Everything else is a bonus, right? RIGHT??
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