Is this Legal?

lozhazie

Due to our circumstance we had to sign on to benefits and Housing Benefit, it's taken a while due ot errors on the form etc which has resulted in our being almost 2 months behind on the rent.

Today our landlord turns up saying if its not payed in 7 days he will come round inspect the property and serve our notice to quit we would have to be out in 2 weeks.

This doesn't seem right to me can anyone shed some light on this?

monty-doggy

If you have not paid rent he is entitled to evict you in accordance with your tenancy agreement.

lozhazie

So a notice to quit has no set time period?

Yorkie1

M-D is not correct, in that the LL can't just unilaterally evict you.

In order to evict during the fixed term (which you will still be if the tenancy only started 2 months ago), he has to issue a s.8 notice and then go to court to obtain an eviction order.

See 2) b) in this post:
http://forums.moneysavingexpert.com/showpost.php?p=52421475&postcount=6

Essentially, s.8 grounds include one where you have 2 months' rent arrears (this means the value of 2 months' rent owing) at the time of issue of the notice AND still owing at the date of the court hearing.

If you have paid the amount owing down to less than 2 months' worth, by any court date, the court is not obliged to order eviction.

There is an alternative, discretionary, ground of persistent unpaid/ late paid rent.

So, the LL cannot just turf you out 2 weeks after giving you written notice and without going to court. If he tries to do this, it is a criminal offence of illegal eviction.

That all being said, your difficulties with HB are not the LL's fault and he is entitled to his rent payments irrespective of your difficulties. Have you made any payments towards the rent at all? Are you going to be able to pay the arrears in full?

G_M

He can issue you with a S8 Notice using Ground 8 "rent arrears".

Provided the arrears are at least 2 months rent both when he serves the S8, AND on the court date, the judge has no discretion and MUST grant the LL possession.

It takes a couplenof weeks to get to court (from the date the S8 is served on you).

Pay off your arrears and you will be safe.

moromir

Are you sure you didn't mishear him regarding the two weeks?

If he serves notice in respect of the rent arrears (Rather than a S21 no fault notice), then I /think/ its two weeks from the date of issue to when he can apply to the court for a possession order (which will take some time to be heard and issued).

lozhazie

We have had no money ours selves in the past 6 weeks and survived from borrowing from family totaling 90 pounds and literal handouts of food etc, I understand he is entitled to the rent and i have given him recipts from the council showing our visits what we have handed in etc. We have also asked for a backdate from the first moment of contact and included the various rent arrear notices anyhting left unpaid by HB we will payour selves once our benefits have been sorted

Surely whether he is getting frustrated or not does not excuse unlawful and intimidating tactics. If we all thought that we would have been robbing everyone and anyone we wanted the past 6 weeks.

lozhazie

No he said 7 days to pay or he is coming to inspect the property and serve us a "Notice to quit" at which point we will have two weeks to move out.

Guest101

No you wont have to move out in 2 weeks, only a court can order that, and it'll take abit longer than that. Pay some off, and show intent to pay, you'll be fine.

IF he tried to remove you or your belongings without a court order, (even with one in some cases), call the police, have him charged with assault/criminal tresspass and criminal damage.

Might seem harsh, but the rules are the rules, he's a landlord and should know them. You should also ofcourse pay your rent, but you've explained the circumstances, and since it will be paid, he should have the good sense to stop his current action.

lozhazie

In previous experience the LL isn't one to take the long route if there are others available...

Guest101

Then find a camera, record any incidents and be ready to call the police. Its your property, defend it.