Will they evict me and/or will I get a reference?

buttons82

I have been reading around the forum but am a bit confused about section 21 notices, section 8 notices, eviction etc and where I stand with my current property, so really could do with some advice please...

I signed my current tenancy agreement at the beginning of December 2010 and currently owe one month's rent.
I won't go into details as to why as it's long and complicated, but I am now recieving housing benefit so my rent since I missed that month, has been paid - and will be in future.

My tenancy ends beginning of July, but at the start of this month my housing benefit was 4 days late being paid into my account and one day after the rent was due, I recieved a letter from the letting agent stating that I was (2 months rent) in arrears.

I emailed them immediately - literally not enough money for a stamp (as silly as that sounds) but wanted it in writing that I had contacted them - with a payment plan stating dates and amounts for the arrears to be paid, plus saying that this months rent (currently 4 days late) would be paid on the monday as soon as it reached my account. I asked for clarification as to whether presuming the arrears were cleared by the end of April, would I still recieve a reference from them to enable me to get another property when my tenancy expires, they said yes and if they had a suitable house available in july/august I could take it on. All good, or so I thought...

Anyway to enable me to pay more this week and next to clear the arrears, I decided to buy a month's worth of food instead of making a payment towards the rent. This would mean I could pay them £140 on monday, then a further £130 on friday, and £200 for the 2 weeks after that to pay off the arrears on the same date that I originally specified at the end of April.

The la aren't happy with this as I didnt inform them (I didnt realise it was something that had to be stuck to by the letter, as long as the arrears were cleared by the date I specified) and are now saying they want me to put everything in black and white, in a meeting at their office on monday.
I cannot do this, as I have 2 children and some expense usually occurs (for example, my baby daughter having the runs recently and getting through more nappies in a week than I had budgeted for!).

The next rent is due in 2 weeks and I'm assuming that as long as this is paid and I'm therefore not 2 months in arrears that they can only serve me with a section 21 giving me 2 months to get out?
If this is the case, when would the section 21 be valid from/to?

If I got to be 2 months in arrears (not planning on it but want to cover all bases) when would a section 8 (?) be valid from/to?

And finally how do I either guarantee I'll get a decent reference from the letting agent? I'm thinking I won't now, and if I dont then I have absolutely no hope of getting another property as between now and July, if I save up every penny I have; I'll only just have enough money for a months rent/deposit. Just about. And my credit rating is rubbish due to some silly choices as a teenager

I want to avoid going to the council as homeless, as I've heard the only option would be a homeless hostel 20 miles away and with my eldest settled in school that's not a viable option for me, but I've got a strong feeling that even once the arrears are cleared I'll be getting my notice to quit.

Any advice needed asap please

RAS

Your tenancy agreement began in December 2010, when does it end and is there a break clause?

DannyboyMidlands

Sorry to be so blunt but how could you possibly hope to get a decent reference? You've been in arrears, presented a payment plan and then broken it, refuse to meet them..........

Sounds like you've had a tough time but you have to see it from their point of view.

Jowo_2

"Ground 8
The tenant owed at least 2 months rent if the tenancy is on a monthly basis or 8 weeks rent if its is on a weekly basis, both when the landlord gave notice seeking possession and at the date of the court hearing."

http://www.tenancyagreementservice.co.uk/section-8-notice-to-quit.htm

So the S8 can be issued the day after the second month's rent has not been paid (if paid monthly) or 8 weeks and 1 day if paid 4 weekly. If the same or greater sum is still owing at the time of the court hearing (and assuming the notice was correctly served), the judge has no discretion and must award possession to the landlord - it is mandatory.

Timespan depends on the local court waiting times and how speedy the landlord is with issuing the S8, plus if the tenant can pay down the arrears below that threshold.

Why would you expect a good reference if your rent payments have been in arrears, paid late and you have not stuck to your repayment plan?

climbgirl

Why can you attend the meeting next week, you don't really give a reason? If it's childcare costs, just take the kids with you.

You really need to go to that meeting to try and salvage this - you're behind on the rent, have set up a payment plan and not stuck to the terms, you can't afford to skip this meeting as well.

If you turn up and explain and agree a new payment plan (that you can stick to this time), they may be prepared to stick with you or give you the reference you need.

Not going to that meeting is going to make things a lot worse.

buttons82

I'm not expecting a good reference at all it's just that when I emailed the LA the first time with my rough payment plan, I asked about refs and she said one month's arrears wouldn't affect a reference, or my deposit.

And I totally see it from their side...the thing with the payment plan, was I just sent the email giving dates and amounts, yes, but said that I would pay more on those dates if possible; ok so now I've paid less for 2 weeks, but that was to enable me to pay more this week and the following ones until the 18th - the date I gave the letting agent for the arrears to be cleared will still be the same. Does that make any sense at all?

Anyway I'm just trying to work out how soon I'd be given my notice in both circumstances; if the arrears were cleared, and if not. As I say, I'm going to clear the arrears either way but am now thinking that if I'm going to be evicted with no reference anyway, I may as well take longer to clear the arrears (they'd still be paid off by the time I left and I will still continue to pay my monthly rent) - I understand I'll probably get roasted on here for saying that, but for me to pay the money I said I was going to, this was leaving me with no spare cash per week at all - not even 50p - for any unexpected expenses. So I might as well pay, for example £50 per week instead of £200 - as long as the arrears are cleared by the time I go...?

Oh - and I have no clue what a break clause is, can someone enlighten me on that?

Out of interest (again, just covering all bases) a section 8 - is this ONLY if the arrears are more than 2 months (my rent is payable monthly) and how soon can you evict after one of these is served?

Oh and finally (sorry for my ignorance), if a section 21 was served, for example on the 18th april once the arrears have been cleared, I know it's for 2 months but would it be backdated or start on the 18th and end on...when - the 18th May? Or June?

climbgirl

buttons82 wrote: »

And I totally see it from their side...the thing with the payment plan, was I just sent the email giving dates and amounts, yes, but said that I would pay more on those dates if possible; ok so now I've paid less for 2 weeks, but that was to enable me to pay more this week and the following ones until the 18th - the date I gave the letting agent for the arrears to be cleared will still be the same. Does that make any sense at all?

It does make sense - but did you tell them you doing it?! From their point of view, you've underpaid for two weeks (and I'm assuming you didn't tell them) so they've no idea of your plan to now overpay.

So from their point of view, you've undepaid and have broken the terms of the repayment plan.

The best way to handle these types of things is to talk to people upfront. If you explain what's going on and why it's different, they're much more likely to accomodate this.

RAS

We still need to know when the end date of your current contract is?

buttons82

climbgirl wrote: »

It does make sense - but did you tell them you doing it?! From their point of view, you've underpaid for two weeks (and I'm assuming you didn't tell them) so they've no idea of your plan to now overpay.

So from their point of view, you've undepaid and have broken the terms of the repayment plan.

The best way to handle these types of things is to talk to people upfront. If you explain what's going on and why it's different, they're much more likely to accomodate this.

I just honestly didn't think that it would matter, as long as the arrears were still paid by the date I told them originally - stupid I know, but then again things fluctuate when for example an unexpected expense comes up (as they do, we all know that), if I havent budgeted for something like my baby's extra nappies when she had a tummy bug last week, that knocked £5 off what I could have given them anyway so I thought it'd be pointless telling them of every little change like that. Stupidly I thought they'd give me the benefit of the doubt until 18th april and if the arrears hadn't been cleared by then, well then do something about it.
But thinking about it in hindsight, I suppose they were thinking that if I'd had no intention to pay, giving me until 18th april would have given me an extra month in the property and they want me to get out asap I guess.
It's just they kept saying how understanding they were, how one month's arrears wouldn't affect anything so I guess I took what they were saying the wrong way.

RAS - the contract is a 6 month ast (I think that's what it's called?) and so it ends on July 2nd 2011.

digitalphase

RAS wrote: »

We still need to know when the end date of your current contract is?

buttons82 wrote: »

My tenancy ends beginning of July

OP has answered in first post.

digitalphase

I don't think you'd get a break clause with just a 6 month contract. TBH if you only have a 6 month contract, and have already got 2 month's rent behind, then they won't be giving you a good reference.

Definitely go to that meeting and plead with them. Take the kids.