eviction over late bond payment?

emmadk22

Hi
When u moved into my rental 7 months ago my landlord agreed to let us pay the bond in 3 months. This is in our contract.

Unfortunately we have only paid parr of this and the last 3 months we have been a week late with our rent although we are not in arrears at present.
We received a very long letter from our landlord stating that he will swrve eviction for late rent and non payment if bond? Also in our agreement it states if the rent is over 14 days late( which it never has been) he can serve eviction but now he is saying if it isnt spot on the 1st he will serve eviction. Can he change the terms now. the way my paydate falls means it differs from month to month thus resulting in the 3 late rentals. Ates we avoid contact with him thus driving him to this. This isnt true we replied to him everyrime hes been in touch however hes quick to avoid doing the repairs weve asked for ie leaking sink. Anywhere any ideas where we stand. Also how much notice does he need to give at the end if our contract. It states one is this correct?

ruggedtoast

He can't "serve eviction" in any way shape or form. He can issue you with a Section 21 notice if you're outside the fixed term of your contract and then apply to a court for possession if you dont go.

If you're in arrears with the rent, two months I believe but I'm sure someone more knowledgeable will be along to confirm, then he can give you a different kind of notice to do the same thing.

emmadk22

What is a section 21 please

Werdnal

A section 21 is the name of the notice (basically just a type of letter but using specific wording), giving you notice that he wants the property back. This notice has to run for 2 months before he can apply to court for possession, and it does not actually end the tenancy or mean you have to go until he does apply to court to evict you. However, as the Section 21/S21 does not need a reason, provided it is served correctly, gives you the right amount of notice and the deposit amount you have paid so far has been protected in a deposit scheme, the notice will normally be successful in gaining a possession order to make you move out.

If you are still in the fixed term, the landlord can issue the notice now, but cannot apply to court until the FT ends.

emmadk22

My fta ends in 2 months. Im not sure if the 150 that we have paid has gone into a protected scheme should it have even though its not the full amount? And if it should have and hasnt been what do i do? This is my own fault i know this as ive struggled to pay the bond however i look afyer this house very well and will leave it as i found it. Can he change the terms re rent payment been laye from an allowance of 14 days to zero? Sorry for all the questions. Just a bit out of my depth

ruggedtoast

emmadk22 wrote: »

My fta ends in 2 months. Im not sure if the 150 that we have paid has gone into a protected scheme should it have even though its not the full amount? And if it should have and hasnt been what do i do? This is my own fault i know this as ive struggled to pay the bond however i look afyer this house very well and will leave it as i found it. Can he change the terms re rent payment been laye from an allowance of 14 days to zero? Sorry for all the questions. Just a bit out of my depth

He can't amend the terms of the contract you both signed without your agreement.

The only way a contract can be enforced is in a court.

Housing law and contract law are not the same thing. Housing law (Statute, or the law of the land) says that you can only be evicted under certain circumstances and after certain procedures have been followed, and only when ordered to by a court.

Contract law is in agreement between two or more parties to provide something under certain conditions.

You can agree to a contract that says if you are one day late with the rent you will be evicted, but it is meaningless as the landlord would go to court, and find out that statute overrides this and the court will not agree to eviction.

He can however try and claim damages from you for breaking the contract and his costs incurred, if there have been any.

Outside of the fixed term of an AST the LL doesnt have to give a reason to give you 2 months notice.

Your other queries:

1) Where is your deposit
2) How to find out if its protected

I'm afraid I dont know, I'm sure someone else will, or you could ask the CAB or Shelter.

G_M

* Any deposit money you pay him MUST be registered within 30 days - even if it is only a % of the total deposit to be paid.

* Failure to register and you can claim 3 times the deposit via the courts. AND
Failure to register means any S21 Notice (see below) is invalid

* A S21 Notice can be served at any time (ASKING you to leave and saying he MAY go to court). No reason is needed. But
a) it must give you 2 months notice AND
b) cannot take effect before the Fixed Term ends

* A S8 Notice can be served at any time for rent arrears IF the arrears = 2 months rent. No 2 months notice is needed fot this.

* have you reported the faults (sink etc) in WRITING? (letter, not text!) If not, do so and keepa copy.