help needed landlord chucking us out

roses_babe

really need some advice..

i was working 40 hours a week but last week due to a cut at work im now working 16 hours pw i am £125 short on my rent and my landlord has got really funny with me i said i can pay the £125 in 3 weeks time * i have never missed a payment before* she now wants to evict was from our property for being late she says her mortgage is high and her husband is now unemployed too.

i really dont know what to do im an ex bankruptcy so cant get a place through letting agents i really dont want to be homeless :'(

G_M

Is this a tenancy or are you a lodger (living with your landlord?)?
Is this Eng/Wales or Scotland?
What kind of tenancy - Fixed Term or monthly Periodic?
What dates - start/end?

roses_babe

hi ya...

it is a tenancy
i live in england
the tenancy was originally 6 months but now is on a monthly basis
it started on the 8th april 2010

theartfullodger

Sorry for your personal circumstances

That landlord has problems paying mortgage & her husband is unemployed is irrelevant, quite possibly lies, and a judge would (almost certainly) ignore those points...

It's not what Landlord SAYS but what is put in writing.. Have you ever been served with a "Section 21" notice (saying landlord requires possession??). This may have been done shortly after start of tenancy..

Was there a deposit?? Has it been protected (stuck in a government scheme??)?? Have you been served the "prescribed information" about this (If not S21 notice will be invalid..

You MAY not be evicted without Landlord getting a court order and then bailiffs enforcing it. You do not have to leave just because Landlord asks/tells you to,..

If LL hasn't yet served S21 notice it will probably take him 4-6 months to get you out..

Best wishes...

Artful (Landlord since 2000)

PS How do you pay the rent?? Bank transfer, cheque or cash?? If cash, do you get a receipt??

G_M

Then the landlord has 5 options:
1) do nothing
2) discuss/negotiate wih you your rent arrears
3) give you 2 months notice aligned with your tenancy periods (which appear to be 8th to 7th of each month).No reason is needed.
4) wait till arrears are = 2 months rent and apply to court for possession (if 2 months arrears still at court hearing, court MUST grant possession)
5) apply immediately to court for possession (if no 2 months arrears court has discretion to grant possession)

roses_babe

thank you so much for your reply i paid £675 deposit which is in a tenancy scheme. i pay my rent by standing order *always on time*

BitterAndTwisted

Unfortunately your landlady could choose to issue you with a Section 21 Notice to end the tenancy any time she likes for any reason she likes. This will need to give you two rental periods notice as an absolute minimum. In order to evict you she would need to apply to the court for possession. This can take several months depending on how busy the courts are. If she doesn't issue you with a S21 today she won't be able to apply to the court until February.

Meanwhile, you MUST apply to your Local Authority for LHA (Local Housing Allowance) asap for help towards your rent

jamie11

This will need to give you two rental periods notice as an absolute minimum.

Not 'rental periods' rather 'tenancy periods'. Very often a rental period may be negotiated to assist landlord or tenant in managing their money so can differ from the actual statutory periodic tenancy dates, which will depend on the original agreement.

What? nitpicking? Me?

BitterAndTwisted

Thank you for the clarification. At the time if posting I really didn't feel the need to get the OP bogged down in too much detail when s/he was in a panic about maybe being chucked out on their ear over the weekend or something.

RAS

Op

Have you checked www.turn2us.org.uk to see if you can get any help towards your rent now you earn less?

Also check how much the Local Housing Allowance will be for your area for the type of property you are allowed under the LHA rules.