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

Why-oh-Why_3

Why-oh-Why wrote: »

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

Ulfar wrote: »

So while you were in work your payments were to quote you "pretty regular" and now you are unemployed they are going to irregular.

I have been a tenant both while employed and unemployed and have never missed a rent payment even while waiting for housing benefit. If I had behaved as you are and with the attitude you are displaying then I would expect to be evicted sooner rather than later by a land lord.

Clutton has provided you with the correct advice, that you do not appreciate this is your problem.

Your Landlord is providing you with somewhere to live for which he expects to be paid as per your tenancy contract, if you cannot or did not intende to stivk to this contract you should never have eneterd into it.

Firstly, you know nothing about me or my situation other than that of in this thread so dont you dare judge or criticise me.

I have highlighted areas within my first post which clearly shows, my questioning....

I appreciate people have opinions, and yes in some cases people neglect their responsibilitys HOWEVER My payments were 'pretty regular' = 99% of due rent payments were met, I think we had a slight issue back during me starting my job in July but that was a transitional stage - not that you deserve my ins and outs!! but always paid straight away and during the issue in july was paid within 'days' of due dates not weeks nor months.

Now if you have had to claim benefits and have been lucky enough to get your payments from them, rapidly then great, we havent been as lucky plus its christmas meaning, more staff with time off and of course bank holidays and we recieve our first payment a week tomorrow.

What you seem to have ignored is the fact we have advised immediately that we will be 1 week behind but will then pay required amounts a week tomorrow, its hardly like we have said we have no idea when it will be paid or said we need a month we are paying in 8 days

This isnt ideal, if I felt this was perfectly normal, would I be here? of course not, but I did and do feel that to be threatened with serving a notice so quickly is unreasonable and wanted to know where I stood.

Which some of the very helpful and friendly people have done on here.

For people to criticise, judge and insult anyone should be ashamed, this is one of the most difficult times for alot of people and people should support one another.

If you feel that losing your job, paying rent as far as you possibly could, with a gap of 8 days in order to get sorted with financial help via government sources - JSA and Housing is something to take advantage of and insult that person trying to deal with the problem with or without attitude then suit yourself, but until you know the full facts then I suggest you respond to the question in mind and not the person!

I would also like to state, that the LL and LA have breached our contract throughout the 8 months in over 3 ways and we have always been lenient and discussed it with them, to ask for 8 days grace without the threat of eviction is not something I would class as irresponsible!

N79

I don't really want to get involved here but I thought that the OP should be aware that there is no requirement for a T to have 2 months rent unpaid before a LL can issue a S8 notice. In fact a section 8 notice can be issued as soon as rent is 1 day late and can even be issued if a T is up to date on rent but has paid the rent late at least twice. (Section 8 Grounds 10 and 11) While the LL is unlikely to gain possession of the property if they went to court on this notice, you, as T would get a CCJ against you and would have to pay the LL's court costs. If you were my T then your first S8 notice would already be in the post.

The 2 months rent unpaid refers to a Section 8 Ground 8 notice which has a mandatory possession condition - ie the court should evict you no matter how good the sob story. Until then the Ground 10 and 11 notices only provide the possibility for possession.

Either way the best course of action is for you to pay your rent by the rent due date or expect to suffer the consequences of LL requesting payment, issuing notice, eviction, court fees and if you still fail to pay a CCJ and adverse credit rating.

Why-oh-Why_3

N79 wrote: »

I don't really want to get involved here but I thought that the OP should be aware that there is no requirement for a T to have 2 months rent unpaid before a LL can issue a S8 notice. In fact a section 8 notice can be issued as soon as rent is 1 day late and can even be issued if a T is up to date on rent but has paid the rent late at least twice. (Section 8 Grounds 10 and 11) While the LL is unlikely to gain possession of the property if they went to court on this notice, you, as T would get a CCJ against you and would have to pay the LL's court costs. If you were my T then your first S8 notice would already be in the post.

The 2 months rent unpaid refers to a Section 8 Ground 8 notice which has a mandatory possession condition - ie the court should evict you no matter how good the sob story. Until then the Ground 10 and 11 notices only provide the possibility for possession.

Either way the best course of action is for you to pay your rent by the rent due date or expect to suffer the consequences of LL requesting payment, issuing notice, eviction, court fees and if you still fail to pay a CCJ and adverse credit rating.

Thanks thats actually really useful, and do thank you, thats good to know about the Adverse credit effect too, as wasnt aware of this.

and its not a Sob story thankyou, its how it is !!!!!!!!!!!!!!!

franklee

N79 wrote: »

In fact a section 8 notice can be issued as soon as rent is 1 day late and can even be issued if a T is up to date on rent but has paid the rent late at least twice. (Section 8 Grounds 10 and 11) While the LL is unlikely to gain possession of the property if they went to court on this notice, you, as T would get a CCJ against you and would have to pay the LL's court costs. If you were my T then your first S8 notice would already be in the post.

If the rent was paid up to date the tenant wouldn't get a CCJ for past rent arrears as there is no debt outstanding. I do not see the tenant would automatically be ordered to pay the landlord's court costs in the cases you give I've hi lighted above, that would be at the judges discretion and I doubt the tenant would be charged for them in those cases if the rent was only very briefly in arrears.