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  • FIRST POST
    • juno-eclipse
    • By juno-eclipse 15th Jun 17, 5:39 PM
    • 50Posts
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    juno-eclipse
    Eviction - Sub-Metering?
    • #1
    • 15th Jun 17, 5:39 PM
    Eviction - Sub-Metering? 15th Jun 17 at 5:39 PM
    Hello,My friend has received a letter last week from her landlord asking her to be out within 7 days, she has a tendency agreement and pays monthly so I expected 2 months notice, but he's using Ground 8, rent arrears, however I thought under ground 8 it ment you had to be 2 months In arrears? On the eviction papers he's actually wrote "1 month in arrears which will be 2 months on the 19th" I didn't think you could predict ahead? It states he is taking her to court 2 weeks from the date of the letter if she isn't gone, yes she's missed a month but she's had some financial problems, it's the 3rd owner of her home (plus the empty shop below) in less than 3 years because of the multitude of problems with the building, she's not even met this owner, and her electricity doesn't work on the bottom floor which she's asked to be fixed several times, at the moment it's extension cords and lamps going down the stairs. She's gone to a housing association and told them everything and they accept the issues and are taking her to look at a house today, bit she won't be able to move for at least a week, I've advised her to just stay in her current place till she gets another letter, shes terrified to contact him so we're waiting untill someone can contact him on her behalf tomorrow and explain the situation and hope he will be understanding, I just wanted some advice first.

    There's also the problem of electric arrears, it turns out shes sub-metered to the shops meter downstairs, he said in the notice she owes around £400 which he won't pay so the company he is with are apparently coming around Monday to cut the power off, he's owned the building about 10 months now and has never asked for electricity money, assuming it was still included in rent, though this isn't in the tenancy agreement. can they cut the power to the shop if there is also a domestic property connected upstairs? She has tried to contact them her self but they won't discuss the account with her for obvious reason, she asked for her own bills but she doesn't understand how meters work, so it's only now she's asked for help when it's gotten to much to handle.

    Can anyone offer any help on what I should do or advise for her?

    Regards
    Juno
Page 1
    • G_M
    • By G_M 15th Jun 17, 6:24 PM
    • 41,061 Posts
    • 47,176 Thanks
    G_M
    • #2
    • 15th Jun 17, 6:24 PM
    • #2
    • 15th Jun 17, 6:24 PM
    For a S8 Ground 8 notice to be valid the tenant must owe 2 months rent (eg be 1 day late on the 2nd payment) both when the notice is served and on the court date.

    After serving the notice, the landlord must still go to court.

    See


    * Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?
    • juno-eclipse
    • By juno-eclipse 16th Jun 17, 1:19 AM
    • 50 Posts
    • 8 Thanks
    juno-eclipse
    • #3
    • 16th Jun 17, 1:19 AM
    • #3
    • 16th Jun 17, 1:19 AM
    That's great thank you so much for the information.

    Does anyone have any idea on the electricity problem or should I post that in a different section?

    Regards
    Juno
    • AdrianC
    • By AdrianC 16th Jun 17, 8:12 AM
    • 15,048 Posts
    • 13,370 Thanks
    AdrianC
    • #4
    • 16th Jun 17, 8:12 AM
    • #4
    • 16th Jun 17, 8:12 AM
    He's given notice which expires in a week.
    That doesn't mean he can turn up and shift all her stuff out, changing the locks behind her, on that date.
    It means that's the date he can START a court hearing for possession.

    As it stands, he will lose that hearing. She has as much time as she wants.

    Whether she wants to stay in a property with that many problems and such a poor landlord - that's another question.
    • harshitguptaiitr
    • By harshitguptaiitr 16th Jun 17, 8:20 AM
    • 55 Posts
    • 7 Thanks
    harshitguptaiitr
    • #5
    • 16th Jun 17, 8:20 AM
    • #5
    • 16th Jun 17, 8:20 AM
    She needs to pay her outstanding rent asap.
    So that when he does go to the court, there is no rent outstanding.
    • agrinnall
    • By agrinnall 16th Jun 17, 8:46 AM
    • 18,413 Posts
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    agrinnall
    • #6
    • 16th Jun 17, 8:46 AM
    • #6
    • 16th Jun 17, 8:46 AM
    Whether she wants to stay in a property with that many problems and such a poor landlord - that's another question.
    Originally posted by AdrianC
    This is the key issue, why isn't she looking hard for a new place to stay and taking advantage of the LL's (invalid) request for her to leave in 7 days?
    • juno-eclipse
    • By juno-eclipse 16th Jun 17, 10:08 AM
    • 50 Posts
    • 8 Thanks
    juno-eclipse
    • #7
    • 16th Jun 17, 10:08 AM
    • #7
    • 16th Jun 17, 10:08 AM
    She does want to be out asap, She had been to see somewhere but someone higher up on the list won the bid, it's only a small town all three housing associations combined only have 6 properties available, and with the financial troubles last month she would be unlikely to get a private rent, needing to pay the last 2 months rent here and the 6 weeks deposit plus one month in advanced on a private let it's too much in one go, and with him asking for 400 for the electric she's panicking. She just needs 2 more weeks, but preferably with electricity.

    AdrianC, Yeah I've said he can't do that but he actually printed out a time table of events and cellotaped it do the door, including changing the locks on Sunday and a viewing for the new tennents, he's never even seen the inside of the flat so good luck with that, I've never heard of such a landlord here, the few other occasions other friends have had troubles and haven't paid rent they have been contacted, asked to pay but have always worked out a way to split the arrears over the following 2 months, perhaps he wants it for a friend or himself and jumped at the chance to get a tennant out quickly, he has just bought a few places and he's from the city.
    • AdrianC
    • By AdrianC 16th Jun 17, 10:09 AM
    • 15,048 Posts
    • 13,370 Thanks
    AdrianC
    • #8
    • 16th Jun 17, 10:09 AM
    • #8
    • 16th Jun 17, 10:09 AM
    Yeah I've said he can't do that but he actually printed out a time table of events and cellotaped it do the door, including changing the locks on Sunday and a viewing for the new tennents
    Originally posted by juno-eclipse
    He can tape a piece of paper up saying that the second coming will be 9am Monday, if it floats his boat. It doesn't make it legal. If he tries anything, get the police involved.
    • Pixie5740
    • By Pixie5740 16th Jun 17, 10:11 AM
    • 10,819 Posts
    • 14,944 Thanks
    Pixie5740
    • #9
    • 16th Jun 17, 10:11 AM
    • #9
    • 16th Jun 17, 10:11 AM
    Tell your friend to phone Shelter immediately. 0808 800 4444
    Annual income twenty pounds, annual expenditure nineteen pounds nineteen and six, result happiness. Annual income twenty pounds, annual expenditure twenty pounds nought and six, result misery.
    • Cakeguts
    • By Cakeguts 16th Jun 17, 12:34 PM
    • 2,722 Posts
    • 3,722 Thanks
    Cakeguts
    Does she know that housing associations evict people who don't pay their rent as well as private landlords? If she continues to be in arrears she might not get offered social housing at all.
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