Tenancy Help!!

Matthew402007

Wow thankyou both so much!

From this information, I am going to transfer the money into his account at 2pm today, bringing my rent balance back into the clear.

The tenancy is for 12 months, but I will have a thorough read of it incase there is a 6 month term in there.

Wow, even if it is a 2 month notice, that is SO MUCH better than the 10 days I currently have!

So if I get a S21 notice, would I get a CCJ from that? Or is that a simple "you must be out within two months" kind of notice?

It_can_get_better

S21 won't come into effect until the end of the tenancy. It's a notice stating that the landlord wants the property back, it's not an order to leave and isn't a ccj. You don't have to leave on the date a s21 states, to evict you lawfully the landlord would have to apply for possession through the courts. You can choose to stay right up until the bailiffs come round, but if you are able to move it's probably better to do it earlier.

It_can_get_better

Also, if you have paid a deposit and it wasn't protected in time or you weren't given the prescribed information any s21 will be invalid.

mart.vader

" I am going to transfer the money into his account at 2pm today, bringing my rent balance back into the clear."

It's a bit obvious, but don't forget to keep PAPER copies of your bank transfer - just in case.

BitterAndTwisted

Matthew402007 wrote: »

From this information, I am going to transfer the money into his account at 2pm today, bringing my rent balance back into the clear.

Ensure you retain a written/printed confirmation of the transfer and keep an eye on your bank-account to ensure that the money doesn't get bounced back.

Wow, even if it is a 2 month notice, that is SO MUCH better than the 10 days I currently have!

Your landlord will not be able to secure an eviction in anything like a few days. This process takes months. IF, as I said, your landlord is preparing to down the legal route. Many don't understand the law or don't want to. Just for peace of mind, I would consider changing the BARRELS of one of the locks on both front and back doors as soon as humanly possible.. Keep the old barrrels somewhere safe to swap back at the end of your tenancy.

So if I get a S21 notice, would I get a CCJ from that? Or is that a simple "you must be out within two months" kind of notice?

A Section 21 Notice has no CCJ attached to it as it is not a financial procedure: it's just a method of securing an eviction.

The only way to get a CCJ is for the landlord to issue you with a Section 8 Notice for non-payment of rent, a court to order you to make that payment within X days (fourteen, I think) and you choose not to. Forget about CCJs for the moment and concentrate on impressing upon your co-tenant the necessity for her to continue paying her share of the rent or else.

G_M

1) You will onlu get a CCJ if:
a) you are taken to court AND
b) the court orders you to pay AND
c) you still refuse to pay

If all 3 of those thing do NOT happen, - no CCJ

2) If you have a 12 month tenancy, the only way the LL can evict you is if you do not pay the rent. As others have explained, 2 months arrears he can use a S8 application. But if you pay the rent (ALL the rent - not just your 'share') you are 99% safe for the full 12 months. Unless....

3) is there a 6 month 'break clause' in the tenancy agreement? This would allow either you, or the LL, to end the tenancy early (usually at the 6 month point but it depends on the wording of the clause)

4) Your co-tenant is still legally liable for the rent, jst as you are. Whether she chooses to live there or not is up to her. You can demand she pay her share as she signed a 12 month contract.

5) My advice? Pay the arrears. Move your new friend in to help with the rent 'unofficially' (pay you, you pay LL - friend does NOT pay LL). This is possibly risky if there is a clause in the tenancy forbidding subletting or occupancy by anyone other than the tenants - but in the circumstances, it's the best solution.

tbs624

G_M wrote: »

As others have explained, 2 months arrears he can use a S8 application.

My bolding.

For a S8, G8 it is "two months unpaid " if T is required to pay rent monthly.

T should also be aware of the discretionary S8, on G10 and G11

"Ground 10
Some rent lawfully due from the tenant—

(a)is unpaid on the date on which the proceedings for possession are begun; and
(b)except where subsection (1)(b) of section 8 of this Act applies, was in arrears at the date of the service of the notice under that section relating to those proceedings.

Ground 11
Whether or not any rent is in arrears on the date on which proceedings for possession are begun, the tenant has persistently delayed paying rent which has become lawfully due.

tbs624

Matthew402007 wrote: »

Hi

I am in a 12 month tenancy with my friend, but my friend has moved out to live with her boyfriend, and I am 2 months in arrears with the rent, however I now have the money to clear all of my arrears, but my landlord does not want it.

Pay the money into the LLs a/c pronto , make sure you have a full receipt from the bank ( keep it safe) and then write to the LL ( keeping a copy) confirming that you have paid x amount in on y date. Ask him to send you an up to date Rent Statement.

If you have a friend who would be able to move in why not approach the LL and request that she be formally taken on as a new joint T
( subect to the usual checks)?

If you are already at odds with the LL, simply trying to move someone new in on the sly is likely to cause the LL& T relationship to further deteriorate. Most LLs simply want their rent to be paid on time and for the property to be looked after so convince him that it would be beneficial to both you and him for your mate to be officially recognised as a replacement T

If your tenancy deposit has been scheme registered (as it ought to have been) you may want to check that the T who has moved out is not the one listed as "Lead T" or negotiations on the return of the tenancy deposit will be done via her even though she no longer lives at the property.