Eviction Help!

preable

Hi

My landlord just came around this morning and said because i have not paid m rent (2months because of HB) That he is evicting me.

He said he is going to contact his solicitor and take me to court as soon as possible.

But he has not searved me with any letters giving me my 2 weeks notice i think that is section 8 not to sure. But what i want to know is will his solicitor tell him to searve it because surley he cant take me to court withut giving me the eviction notice??

any help would be great

sooz

What did the housing officer say when you saw him/her?

http://forums.moneysavingexpert.com/showthread.html?t=2268775&highlight=

preable

All they said was to ring the private sector which they did and they told the landlord they cant evict me without a court order and the landlord didnt come arounf for about a week.

Now i have been told by a freind he has to give me a eviction notice in writing before we go to court. Is this right?

sooz

Yes, you do need to have notices in writing before you can be taken to court.
But what did the housing officer say about why your housing benefit/LHA had been stopped?

preable

They said i Have been reported by someone for doing some work i didnt declare which is compleate lies. She said i will recive a letter in the next few weeks for another interveiw.

Jowo_2

"i have not paid m rent (2months because of HB) ". The reason for the arrears are not taken into account when a judgement is made.

When does your fixed term contract end or do you have a periodic tenancy (informally known as a rolling contract)?

The Shelter website provides excellent information on how a private landlord can evict a tenant, the legal process.

Your landlord has to serve you notice (either and S8 and/or S21) and if you don't leave, he then has to take you to court to get a possession order. If you then don't leave, the landlord sends bailiffs in.

Note that if at the time of serving the S8 and at the date of the court hearing, the tenant owes 2 months rent (if paid monthly), the judge will automatically award possession back to the landlord.

If a landlord serves an S21, so long as it is validly served, the judgement will always be made in the landlords favour. No reason requires to be given. Some tenants are issued this at the start of their tenancy. Were you?

preable

No i just had a 6 month shorthold tenancy agrement I moved in on nov 4

Jowo_2

Your current contract expires on 3rd May if it commenced then. What is your rental period? Do you pay monthly or 4 weekly, for example?

If you do not pay off the arrears to under 2 months owed (if rent is paid monthly) by the time the case reaches court (if S8 route), then the judgement will automatically be given in the landlords favour.

Lots of landlords do a belt and braces thing of serving an S21 one with it in case the S8 fails (some tenants pay off to just below 2 months arrears to thwart possession)

If the landlords had enough of you and decides to issue you with an S21, then he can serve 2 months notice on you in the near future and then apply to the court for a possession order at the end of the fixed term.

BitterAndTwisted

You need to get right down to your Housing Office today and sort out their queries about them suspending your housing benefit. There is still time to get this sorted before they apply to the court. It all depends on how busy the courts are when the landlord applies but as you haven't received your Section 8 yet you might have a few weeks. Here's hoping

Pepzofio

Hang on, in your original thread you said

preable wrote: »

Hi

To cut a long story short housing benift have not paid me for 3 months and now the landlord want there money or they will evict me.

I have a shorthold Tenancy agreement which is 6 months and i have lived in the flat for 4 months.

So is it 2 months or 3 months that they have not paid?

Then in your second thread you said

preable wrote: »

Am only in this mess because HB are investigating my claim saying they have paid £22 too much one month.

and in this thread you say

preable wrote: »

They said i Have been reported by someone for doing some work i didnt declare which is compleate lies. She said i will recive a letter in the next few weeks for another interveiw.

Both of these suggest that they are investigating a short, fixed period which has now ended - in which case I find it hard to believe that they have suspended your ongoing benefit. (Or do they believe that you are still working?)

HB have to notify you in writing if they are suspending or stopping your benefit, normally they will ask you to clarify the details that are in question and you have 30 days to provide the information. If you do not provide it within 30 days they would normally cancel your claim altogether. I cannot understand how it would have got to three months without either being resolved or cancelled...

Have they actually paid anything towards your claim at all? As you say you moved into property in November 09, yet on 9th Feb stated HB stopped 3 months ago. That only leaves one month of tenancy prior to it stopping, and your original thread suggests you lost your job after moving in.

I don't blame LL for getting a bit antsy if he's been 3 months without rent only 4 months into a tenancy (although I'm not condoning any illegal behaviour on his part) - you certainly don't sound as though you've been particularly pro-active in sorting out the HB. Three months on and you still don't seem to know why HB is not in payment, and your posts seem more concerned with what action LL can/cannot take, rather than how you can get your HB sorted out/rent paid.

Then again, maybe this (from original thread) explains it:

preable wrote: »

I have talked to my previous landlord has a room to rent in the next few weeks.

I just need to keep my flat until then