How soon before I'm homeless? Urgent

Ashwagandha

I have been served a Section 8 Notice. The Grounds are 8 (at least two months rent is unpaid) and 10 (some rent lawfully due is unpaid).

They have given me until 4th March to quit.

I am under an Assured Shorthold Tenancy that does not expire until next year.

I am 3 months in arrears with my rent due to being laid off but unable to claim benefits either. I'm now working again as of last week.

I have rented the property for approximately 5 years.

My question is how quickly will I be made homeless? I don't have any savings or capital or anyone I could even stay with temporarily were I made homeless. I also do not have access to loan or overdraft.

What happens on 4th March if I have not completely cleared the arrears? Will the bailiffs come over and haul me out or does it actually need to go to court first. Does it go to court instantly or is there usually a wait to get a court date? I spoke briefly to somebody at Shelter and he claimed it typically takes a good 3 months to even get a court date and that if at the time of any court hearing I no longer owe 2 months + of arrears the Judge probably wouldn't agree to evict me anyway. Shelter said I should endeavour to just pay off as much of the debt as I can so that by the time it goes to court I either owe nothing or I owe less than 2 months. Thoughts?

I'm in a terrible state emotionally as I'm very vulnerable. Just wondering if anybody could give me a vague likely timeline of how long before I'd literally be hauled out on the street.

Paul_01

You've done the right thing speaking to Shelter. There is probably little else that can be added by people on here.

You can't be evicted until the LL has a possession order, which is highly likely to be well after the March date you already have.

Do whatever you can to lower the amount owed to under 2 months as quickly as possible.

Also if you're not already doing so, keep your LL in the loop as to what your plans are now that you have a new job.

Is it 100% that you can't claim housing benefit? If so, what is the reason? Obviously if this can be arranged then you may be able to get it backdated, allowing you to make a big dent in the arrears.

xoAmyox

You should have been given 14 days notice in the Section 8 paperwork. This date is the earliest date that the landlord can apply to the courts.

Then a date will be set for a hearing (probably 4-6ish weeks afterwards). If on this date you are under 2 months rent unpaid - the judge does not HAVE to order possession of the property.

If you have over or equal to 2 months rent unpaid at the hearing, the judge has no choice but to grant a possession order.

The judge can order the possession if he feels it is appropriate based on the arrears, how long you've been in arrears etc. I believe it to be unlikely that an order will be made to this effect - especially if you show willingness to pay on time in future and have no where else to stay.

Please keep positive about the situation and pay off as much of the arrears as possible. Shelter are a great source of advice as recommended above.

EDIT: Please be aware of the exact meaning of rent unpaid. Rent due on the 1st of the month would count as a whole month's unpaid by the 2nd of the month.

So £500pcm rent due on 1st Feb, then £500 of rent due on 1st March. On 2nd March there is £1000 outstanding i.e. 2 full months.
Therefore it takes only 1 month + 1 day to be come '2 months unpaid rent'

EDIT2: Can you also clarify when exactly you moved in?

Is it an AST you have and when does it say the rent is due - monthly? weekly? 4 weekly? (this may not be the same as how often you pay)

Did you pay a deposit, and do you know if this is protected?

Ashwagandha

Hi, I've been living there 4 years and 11 months. My deposit is protected. I am exactly 3 months in arrears. I had thought it would take more like 8 - 10 weeks for a court date and by that time I could clear my entire arrears. If court hearing is in 4 weeks though, no chance.

xoAmyox

Can you please answer the other question in my post regarding the tenancy agreement type, and what it says in regards to when the rent is due?

BigAunty

Is it your preference to remain there unless you are ordered to leave by a court or possibly later on by a bailiff who is enforcing the possession order?

Or are you considering moving to a cheaper property before the court case and pay off your arreasr over time, are you ready to negotiate giving up your tenancy with the landlord and arranging a repayment schedule for the arrears with them?

Ashwagandha

BigAunty wrote: »

Is it your preference to remain there unless you are ordered to leave by a court or possibly later on by a bailiff who is enforcing the possession order?

Or are you considering moving to a cheaper property before the court case and pay off your arreasr over time, are you ready to negotiate giving up your tenancy with the landlord and arranging a repayment schedule for the arrears with them?

Basically it's £1000 a month for a falling apart flat in an unsafe area. It's in my best interests to leave but I'd rather avoid the horror of being evicted and having that on my record. I would definitely be ready to negotiate giving up the tenancy and arranging a repayment schedule for the arrears. I'm wondering whether or not it's in the landlord's interests to accept this.

Typical from serving notice today realistically how long would it take to physically get me out of the property, were I to sit tight and wait until the bailiffs actually came to turf me out? I'd say we're looking at maybe 3 to 4 months?

Alternatively I could offer the landlord a written agreement that I will give up the tenancy in 3 months, continue paying rent until I leave and come to an arrangement re the arrears. I'm wondering which of these options is more appealing to a landlord. At the end of the day they just want their money and no unnecessary hassle I'd have thought

Ashwagandha

xoAmyox wrote: »

Can you please answer the other question in my post regarding the tenancy agreement type, and what it says in regards to when the rent is due?

I'm not sure how it's relevant. The landlord is correct that I am three months' in arrears, his calculations are right. It's an AST agreement.

RAS

What date did you most recent fixed term start and when does it finish?

Or are you on a rolling contract?

BigAunty

Ashwagandha wrote: »

...

Typical from serving notice today realistically how long would it take to physically get me out of the property, were I to sit tight and wait until the bailiffs actually came to turf me out? I'd say we're looking at maybe 3 to 4 months?

..

We can only give you a rough estimate.

A lot of this will come down to the waiting time between submitting the application and getting the court case, and then how quickly the court can supply a bailiff after the tenant still remains in place past the expiry of the possession order. That's something that will change from area to area, court to court.

Perhaps if you've got a Citizens Advice Bureau or local Shelter drop in office, they'll give you an idea what the turnaround times are in your area.

The Shelter website has excellent info on the actual eviction process. While you know now that if the S8 is served correctly and you still owe at least 2 months rent (if the rental period is monthly), the judge will always give possession to the landlord, there is some advice there about how you can ask for extra time in the property before the PO takes effect.

Ashwagandha

RAS wrote: »

What date did you most recent fixed term start and when does it finish?

Or are you on a rolling contract?

It's a rolling contract. Either way according to Shelter I am legally speaking in an AST and therefore the landlord is following the correct legal route