Assured Shorthold Tenancy... LL issue!! Help!

Why-oh-Why_3

In a real bad situation....

Lost house in July 2008 and since then been living in Shared Houses!

Last move was in April 2009 where we signed a 12 month contract on a shorthold tenancy.

Had alot of bad luck over the last few years and the last 6 months have seen a tiny improvement, however, I lost my job on the 7th Dec 2009 and have started the ball rolling for Jobseekers and housing Benefits whilst looking for new work.

The landlord is aware of this, rent was all paid up to cover us till yesterday.

Found out our first Jobseekers payment will be a week tomorrow, contacted the Letting agent to advise and he has threatened serving us a notice as we will be in arrears!

Is this even right, as based on us getting money next week, we would be a week in arrears and at present not even 24 hours behind!

Please help

Thanks

scottishblondie

I'm pretty sure you have to be 2 months in arrears before the landlord can serve you notice under "section 8" of the houseing act and begin proceedings to have you evicted.

scottishblondie

PS see here for more information on section 8.

BitterAndTwisted

Threatening something and actually doing it are two entirely different things. The landlord cannot serve you with a Section 8 Notice (I think it's called) until you are 8 weeks in arrears and they also cannot give you a Notice To Quit ( a Section 21) until the end of the AST.

Please be aware that LHA is paid in arrears, so things could get a tiny bit sticky to get back to paying your rent in advance once you are back in work between the time LHA is withdrawn and your first pay-check.

Don't lose any sleep over this just yet.

Why-oh-Why_3

scottishblondie wrote: »

I'm pretty sure you have to be 2 months in arrears before the landlord can serve you notice under "section 8" of the houseing act and begin proceedings to have you evicted.

Thanks for your reply.

Does it make any difference with it being an assured shorthold tenancy?

BitterAndTwisted

No, it doesn't. That's why I told you not to lose any sleep over it just yet.

Why-oh-Why_3

BitterAndTwisted wrote: »

Threatening something and actually doing it are two entirely different things. The landlord cannot serve you with a Section 8 Notice (I think it's called) until you are 8 weeks in arrears and they also cannot give you a Notice To Quit ( a Section 21) until the end of the AST.

Please be aware that LHA is paid in arrears, so things could get a tiny bit sticky to get back to paying your rent in advance once you are back in work between the time LHA is withdrawn and your first pay-check.

Don't lose any sleep over this just yet.

Maybe a silly question, what is LHA? and AST?



But thanks for your responses there great x

clutton_2

""they also cannot give you a Notice To Quit ( a Section 21) until the end of the AST.""

utterly untrue - as a LL of 10 years, i can assure you that a Section 21 notice (notice to quit) can be served on the tenant at any time after the lodgement of the deposit and the giving to the tenant of the Prescribed information. The S21 cannot end before the end of the fixed term, and must be 2 months notice. If this notice is served correctly, then the day after the end of the fixed term, the LL can make application to the court for possession of the property.

princeofpounds

B&T is giving you the right advice, except for clutton's clarification (which is essentially saying that a notice can be given at any time but won't be valid until the times that B&T mentioned). There are two basic ways to end a tenancy.

One is through Section 8, which is what the LL is probably threatening. You need 2 months overdue (not in arrears, subtle but important difference) rent for that to be applicable. The decision only gets taken at court, so you will have probably 1-2 months to get the overdues down below that limit even if it gets that far. And if you can demonstrate to the judge that you are a reliable payer and this is just an administrative delay so the LL will eventually get all his money, they have the discretion to leave you in place.

Section 21 ends the tenancy at the end of the fixed term. This is non-discretionary, so the LL will get the property back but legally can only force you out with a court order in hand.

The LL is probably just scared he won't be getting his money at all, but may calm down once you demonstrate regular payment again.

If you do end up being given a notice, come back here and we can give you advice on if it is valid, and what it means.

Why-oh-Why_3

clutton wrote: »

""they also cannot give you a Notice To Quit ( a Section 21) until the end of the AST.""

utterly untrue - as a LL of 10 years, i can assure you that a Section 21 notice (notice to quit) can be served on the tenant at any time after the lodgement of the deposit and the giving to the tenant of the Prescribed information. The S21 cannot end before the end of the fixed term, and must be 2 months notice. If this notice is served correctly, then the day after the end of the fixed term, the LL can make application to the court for possession of the property.

So in your opinion, with me having a contract running till 30th April 2009 on a Assured Shorthold Tenancy Agreement, am 1 day in arrears and advised should get this sorted within a week or so, can they officially serve notice on me legally?

I know this may all seem quite extreme, but I have never dealt with a firm of which is so incompetant thats its almost laughable but at the same time, there playing with our home, and lives which is why I need to know where I stand.

Thanks Again

Why-oh-Why_3

princeofpounds wrote: »

B&T is giving you the right advice, except for clutton's clarification (which is essentially saying that a notice can be given at any time but won't be valid until the times that B&T mentioned). There are two basic ways to end a tenancy.

One is through Section 8, which is what the LL is probably threatening. You need 2 months overdue (not in arrears, subtle but important difference) rent for that to be applicable. The decision only gets taken at court, so you will have probably 1-2 months to get the overdues down below that limit even if it gets that far. And if you can demonstrate to the judge that you are a reliable payer and this is just an administrative delay so the LL will eventually get all his money, they have the discretion to leave you in place.

Section 21 ends the tenancy at the end of the fixed term. This is non-discretionary, so the LL will get the property back but legally can only force you out with a court order in hand.

The LL is probably just scared he won't be getting his money at all, but may calm down once you demonstrate regular payment again.

If you do end up being given a notice, come back here and we can give you advice on if it is valid, and what it means.

The worst thing is, when we moved into this 'room' we explained that we will pay weekly or fortnightly and this was agreed, we moved in on the understanding we were looking for work (we moved 100 miles for a new start...not running away but kind of a clean slate) and this was no problem, the contract does state to pay monthly but only seems to be an issue now.

We have always paid on time whether we pay 1 week ahead, or 2 weeks or even a month when possible, I got a job in July and lost it in Dec have been absolutely honest with the agent on every single thing.

I do not trust the Letting agent as far as I could flick them, the landlord has never had any involvement at all.

1 month ago, we received a letter about a repossesion order on the 15th December for the landlord regarding 3 months mortgage arrears, and then another letter last week stating is now all ok.

We feel so unsettled and totally unsure on where we stand, I just wanted to explain a little of the issues we have had to give you an idea. Perhaps it wont help but hey ho