Landlord wants friend out this weekend

inapickle2011

Posting for a friend. She's been renting her house for 15 or so years and missed 2 rent payments, which at the moment there is no way she can afford to pay the arrears, fast forward and landlord has said she's to be out this weekend. she had a letter 13/8 from them stating if the arrears weren't paid proceedings will begin. She phoned them explaining and heard nothing then today landlady phones ranting saying out by weekend, they're not a charity etc understandable but to give 2 days notice after she's been there 15+ years can't be right can it?

She did go to CAB who said at least 2 months notice was the norm so is this correct? Landlady is supposedly coming over the weekend to evict her, what happens if she enters the property and changes locks? The house is a mess after no repairs have ever been done and friend is looking for somewhere but just wants to know where she stands.

Pee

She should ring Shelter. They have a fantastic helpline. However missing rent which she is unable to pay does give them cause to evict her and I think it would only take them about 60 days to evict her.

As a general rule if CAB tell you something, it is right. I would make sure she has all her paperwork ready if the landlord is going to play hardball and preferably with her at all times rather than in the house.

inapickle2011

Thanks for that, she's just told me that she only signed a tenancy agreement when she first moved in, it was a very basic one they had drawn up themselves and didn't have any specified tenancy on it so I am guessing that could change things or would it still be 60 days?

spacey2012

If the Landlady turns up, video record on a phone or anything what is said.
Then if she states she is there to evict her, she can call the police and have the landlord arrested for causing alarm and distress.

DRP

inapickle2011 wrote: »

Posting for a friend. She's been renting her house for 15 or so years and missed 2 rent payments, which at the moment there is no way she can afford to pay the arrears, fast forward and landlord has said she's to be out this weekend. she had a letter 13/8 from them stating if the arrears weren't paid proceedings will begin. She phoned them explaining and heard nothing then today landlady phones ranting saying out by weekend, they're not a charity etc understandable but to give 2 days notice after she's been there 15+ years can't be right can it?

She did go to CAB who said at least 2 months notice was the norm so is this correct? Landlady is supposedly coming over the weekend to evict her, what happens if she enters the property and changes locks? The house is a mess after no repairs have ever been done and friend is looking for somewhere but just wants to know where she stands.

No she can't do this (assuming your friend is a tenant rather than a lodger?)

2 months is correct if she is on a rolling/periodic tenancy.

I would tell your friend to let the police know she has been threatened with an illegal eviction which may cause a breach of the peace.

I'd also write and tell the LL that she may go to prison if she doesn't follow the correct procedure for eviction.

Also change locks - should only cost about 20 quid and is easy to do.

Of course all this rather burns the bridges with the LL, especially important if your friend want s a reference...

inapickle2011

DRP wrote: »

No she can't do this (assuming your friend is a tenant rather than a lodger?)

2 months is correct if she is on a rolling/periodic tenancy.

I would tell your friend to let the police know she has been threatened with an illegal eviction which may cause a breach of the peace.

I'd also write and tell the LL that she may go to prison if she doesn't follow the correct procedure for eviction.

Also change locks - should only cost about 20 quid and is easy to do.

Of course all this rather burns the bridges with the LL, especially important if your friend want s a reference...

Well that just cheered my friend up, thank you. She's going to write a letter and hopes it gets there before LL turns up (and gets arrested) She's just so upset by it all as the house is falling down around her and has mould, leaky ceilings etc and they've done nothing except take nearly £63,000 in rent over the years.

I_have_spoken

she had a letter 13/8 from them stating if the arrears weren't paid proceedings will begin

Was this a 'Section 8' possession notice? Probably would be after 2 missed payments.

You can check this is valid 1st of all, i.e. all dates are correct.

Your friend could leave the house voluntarily, but the LL can't evict without a court order, based on the mandatory grounds of not paying rent. This Court Order could tale weeks to obtain.

inapickle2011

I_have_spoken wrote: »

Was this a 'Section 8' possession notice? Probably would be after 2 missed payments.

You can check this is valid 1st of all, i.e. all dates are correct.

Your friend could leave the house voluntarily, but the LL can't evict without a court order, based on the mandatory grounds of not paying rent. This Court Order could tale weeks to obtain.

No it was just a letter LL had typed up just stating the arrears and that they would have no choice but to start proceedings if it wasn't paid. Friend needed the kick up the bum to get out of there anyway so she's busy packing up and looking for elsewhere.

notanewuser

She needs to change the locks. NOW. (but keep the existing barrels safe).

HappyMJ

inapickle2011 wrote: »

No it was just a letter LL had typed up just stating the arrears and that they would have no choice but to start proceedings if it wasn't paid. Friend needed the kick up the bum to get out of there anyway so she's busy packing up and looking for elsewhere.

The proceedings will take at least 2 months to finalize...she won't be out this weekend. She doesn't need to rush if she is intending to leave at some point.

spacey2012

Then the law is very firmly on your friends side and she has at least 60 days left to live there.
Just call the police if they turn up and try to record as much evidence as possible, if the phone does video, a second pay as you go even out of credit can be used to dial 999 and that is the correct number to report a disturbance of the peace as the criminal is still at the scene.
Just dont open the door.
One group round here used to lend out avocett lock barrels, the fun was watching the locksmith try and open them, they gave up after half an hour.