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

buttons82

digitalphase wrote: »

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.

Not that it makes it any better, but I'm only one month in arrears at the moment

Oh and also, I have no intention of staying in this property after July (the LA knows this) as the neighbours are a nightmare (police raids etc) and the property was in a poor state when I moved in.
Even if I hadn't got into arrears I'd have moved out in July, I'm just trying to work out the best way to go about things - whether I'm going to end up going to the council as homeless anyway, if arrears are paid on time or not...

digitalphase

buttons82 wrote: »

Not that it makes it any better, but I'm only one month in arrears at the moment

Must have got confused, sorry, thought you were two month's in arrears. In which case, it's probably salvageable and they could still give you a good reference. Definitely go to the meeting and see what you can sort out.

DVardysShadow

buttons82 wrote: »

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.

Sorry to say that this is a totally barmy outlook. You now have a larder full of food and a broken repayment plan and you have made yourself vulnerable to section 8 eviction.

You could have had a much less full larder, but still enough to eat, kept to your repayment plan and kept yourself safe from Section 8 eviction.

It has to be put this harshly - your have completely derailed your management of a difficult situation with a quite irrational act. And you seem to be throwing away the good will of the letting agent.

RAS

If they want you out at the "beginning of July", they need to serve a section 21 by the day before "begining of May". I think you should assume that will be served.

Jowo_2

I don't see the point in the OP visiting the letting agency anyway - keeping things in writing is sufficient without the need for personal visits.

buttons82

DVardysShadow wrote: »

Sorry to say that this is a totally barmy outlook. You now have a larder full of food and a broken repayment plan and you have made yourself vulnerable to section 8 eviction.

You could have had a much less full larder, but still enough to eat, kept to your repayment plan and kept yourself safe from Section 8 eviction.

It has to be put this harshly - your have completely derailed your management of a difficult situation with a quite irrational act. And you seem to be throwing away the good will of the letting agent.

I don't want to seem argumentative (I'm not, honest)...but I didn't think I had made myself vulnerable to a section 8, as I thought that was for rent arrears of over 2 months, and I'm 'only' one month behind?

The next rent is due on 2nd April and that will be paid as normal; the arrears are paid on top of the existing rent.

Can't remember who asked; but the reason I can't (or won't?) go to the meeting is I have to work that day - I'm self employed and that's the only full day I have where my baby is looked after by my parents, so I have to do a full 8 hours otherwise I have no money.

Also I've already informed them that the full month's arrears will be cleared by April 18th, yes the weekly amount may vary from the amount I originally stated (cant help that) but the settlement date is the same, so I don't see what meeting them in person will do, apart from lose me money.

So just so I'm clear, if the LA have already made up their minds that I'm to be served a S21, as long as I'm never more than 2 months in arrears (which as I say, I'm not planning on being anymore than this one month behind), the earliest they can get me out is...? Late May?
Can they backdate the notice in any way to have me out sooner?

RAS

I think you are still struggling with the issue of two months in arrears.

This means that the DAY you failed to make the second monthly payment (one month and one day), they can serve a Section 8 notice.

If you keep the debt below 2 months rent, then the judge is not forced to give them possession.

But if you routinely fail to keep to payment schedules, including meeting rent dates or schedules for arrears, the judge is allowed to grant them possession, even if the debt is less than 2 months when the case goes to court.

So do not make any promise of payment you cannot keep.

buttons82

RAS wrote: »

I think you are still struggling with the issue of two months in arrears.

This means that the DAY you failed to make the second monthly payment (one month and one day), they can serve a Section 8 notice.

If you keep the debt below 2 months rent, then the judge is not forced to give them possession.

But if you routinely fail to keep to payment schedules, including meeting rent dates or schedules for arrears, the judge is allowed to grant them possession, even if the debt is less than 2 months when the case goes to court.

So do not make any promise of payment you cannot keep.

Ohh...think I get you now. So technically I'm 2 months in arrears now even though my next month's rent isn't due until 2nd April? Still don't get how that works out but hey.

buttons82

Hang on...I've just re-read your post RAS and am still confused - here's what's been paid:

2nd December - month's rent in advance and deposit etc - £1100
2nd Jan - missed.
2nd Feb - £550
2nd March - £550
2nd April - will be paid on time.

I thought that if I'd have missed April's rent THEN I'm 2 months in arrears - so on 3rd April the section 8 could be issued, but after reading your post it seems I was mistaken??

Jowo_2

Instead of 'two months in arrears', it's perhaps better to describe this as 'two month's rent unpaid', hence why a tenant whose rental period is monthly risks being served a notice one month and one day in timespan (because they've missed two rental payments in total). Hopefully I haven't confused matters further with this description.

It's not about the duration of time that has passed, it's about owing two months of rental period, one that's gone unpaid in the past, and one that's not being paid when due again, even if only just missed, because typically rent is paid in advance, upfront at the start of the rental period.