My sister has been given 2 weeks notice - advice needed!

Tassotti

Don't think we have the full story here. If the tenants are good, and pay on time, why would they be issued with a notice to vacate.

Seems to me that they have been issued with a section 8 saying 'pay us the arrears or after 14 days we will begin court process.'

Just speculating, but LL's don't throw out good tenants for no reason.

meggiemoo_d

no, good landlords don't!

Will post back when I have more info. Until then, I've given the facts as I have been given them. I know most of the rents were paid in full and on time as I transferred them myself.

rebeccaj

meggiemoo_d wrote:

As far as I'm aware she doesn't have any arrears, but I could be wrong (she say she isn't but her boyfriend is the one who has been paying it in so there is always a chance he has excelled even his normal stupidity level!).

meggiemoo_d wrote:

I know most of the rents were paid in full and on time as I transferred them myself.

with regard to the rent payments being made, there does seem to be a conflict in the facts you have written which will make it more difficult for people here to advise you. I apologise if I am wrong but it would be best to make it clearer whether the rent is actually paid up to date so the advice can be pertinent to the problem.

black-saturn

Tassotti wrote:

Just speculating, but LL's don't throw out good tenants for no reason.

Yes they do. He probably wants to sell the place or something.

meggiemoo_d

rebeccaj wrote:

with regard to the rent payments being made, there does seem to be a conflict in the facts you have written which will make it more difficult for people here to advise you. I apologise if I am wrong but it would be best to make it clearer whether the rent is actually paid up to date so the advice can be pertinent to the problem.

I've said that as far as I know the rent has been paid and is up to date. I have transferred some of the payments direct from my account, but not all so I'm just saying their is a slim chance that there is a problem. I don't think there is though, and I was hoping for advice based on this.

I have advised my sister to go to the CAB as soon as possible.

franklee

meggiemoo_d wrote:

I've said that as far as I know the rent has been paid and is up to date. I have transferred some of the payments direct from my account, but not all so I'm just saying their is a slim chance that there is a problem. I don't think there is though, and I was hoping for advice based on this.

Unfortunately it's pretty hard to help on such sketchy information. We'd really need to know what notice was served.

For section 8 ground 8, which is a mandatory ground, your sister needs to be two months in arrears at the time of service and the time of the court hearing. If your sister clears the arrears to less than two months by the court date she may be OK. There are other section 8 grounds for late payment too, e.g. 10/11 but these are discretionary so it will be up to the judge what's done about them. So it depends on if your sister was served a section 8 notice and on what grounds.

As the section 8 may fail your sister should be warned that landlords often serve a section 21 notice as well as section 8 so look out for that too.

meggiemoo_d wrote:

I have advised my sister to go to the CAB as soon as possible.

That's good but remember their advice will only be as good as the information they are given. Your sister should take along all documentation relating to the tenancy, including the tenancy agreement all all notices. She also needs to tell them the exact position regarding the rent payments.

chant1l

Oh there is a 5th point to mention, pursuit of lost rent. Bailiffs can add the visit charges to the ongoing debt, which will creep up with finders fees, extra visits,letters etc etc. If the debt is in your sisters name it will follow her and prevent her getting credit. A section 8 is different to a section 21 as it is a CCJ. Irrespective of the boyfriends role , your sister will bear the costs.
Its not something you will be able to lose either, Bailliffs can usually locate people within days of a move.
And yes the courts do have to agree to it, but if your defence is limited to blaming the boyfriend I wouldn't hold out a lot of hope.
Bailliffs throw people out onto the street daily, usually with the assistance of the local police.

BobProperty

franklee wrote:

......For section 8 ground 8, which is a mandatory ground, your sister needs to be two months in arrears at the time of service and the time of the court hearing. If your sister clears the arrears to less than two months by the court date she may be OK. There are other section 8 grounds for late payment too, e.g. 10/11 but these are discretionary so it will be up to the judge what's done about them. So it depends on if your sister was served a section 8 notice and on what grounds.

As the section 8 may fail your sister should be warned that landlords often serve a section 21 notice as well as section 8 so look out for that too..........

I think if she is under the 2 months arrears, she is OK, section 8 being "black and white" and no discretion. This is well known as a method of avoidance of getting thrown out by dodgy tenants, paying down the arrears to just below the 2 months. That's why the S21 is the better route unless you know the tenant isn't likely to be paying up (like they are in jail).
I'm making a lot of assumptions here, but if it is a section 8 and your sister can pay the arrears to just below the 2 months mark then I think it very unlikely that a judge is going to give possession. Especially if she can explain the situation with the boyfriend cocking up the payments.

BobProperty

chant1l wrote:

......Bailliffs throw people out onto the street daily, usually with the assistance of the local police.

I don't think the police assist them at all. They can be called on to attend to prevent a "breach of the peace" but (and I think a poster on here confirmed this some time back) they would rather not be involved.

franklee

BobProperty wrote:

I think if she is under the 2 months arrears, she is OK, section 8 being "black and white" and no discretion. This is well known as a method of avoidance of getting thrown out by dodgy tenants, paying down the arrears to just below the 2 months.

This is true for Section 8 ground 8, which as you say is mandatory, so the judge has no discretion. But the landlord may have put other late payment grounds on the section 8 as well, grounds 10 and/or 11. These are discretionary. Hence I said may be OK rather than will be OK. It really depends on the details of this particular case which we don't have.