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Landlord wants friend out this weekend

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Comments

  • inapickle2011
    inapickle2011 Posts: 27 Forumite
    I_have_spoken wrote: »
    If your friend was to get preggers, she's be OK in the house for maybe 12 months, rent free.

    I doubt she would go to that extreme, she has no problem paying rent, it's just the arrears which they've kicked up a fuss about but she's happy to move out within 60 days, this thread was just to confirm they can't kick her out this weekend!
  • RAS
    RAS Posts: 36,164 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Hi

    Your friend needs to be very careful that she gives the proper notice and times it in line with rental periods, or get WRITTEN agreement that she leaves the property earlier. Otherwise she can move out and the LL can sue her for unpaid rent up to the end of the rental period on top of the rent she already owes.
    If you've have not made a mistake, you've made nothing
  • Mr_Pitiful
    Mr_Pitiful Posts: 139 Forumite
    rpc wrote: »

    That is not a defence. If the S8 notice was correct and there were two rent payments outstanding on both the date of service and the date of hearing, the possession order will be granted.

    It would be a defence if the repairs had been made using the Lee Parker v Izzet method and the "arrears" were the money spent on repairs (you would argue that there were no arrears). But that isn't the case here.

    A tenant can counterclaim to offset the arrears against damages for the landlord failing to comply with their repairing obligation and this doesn't require the tenant to have carried out any repairs themselves. This way the arrears can be reduced to bring it under 8 weeks / 2 months and could cancel them out completely.
  • Yorkie1
    Yorkie1 Posts: 12,259 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    OP, I may have missed it, but did your friend pay a deposit, and is it registered with one of the deposit schemes?
  • inapickle2011
    inapickle2011 Posts: 27 Forumite
    Yorkie1 wrote: »
    OP, I may have missed it, but did your friend pay a deposit, and is it registered with one of the deposit schemes?

    No deposit was made, she actually wouldn't mind if there was and they kept it she just wants out now.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    benjus wrote: »
    In that case, if the landlord brings a Section 8 claim against her, she may have a case to counter-claim for disrepair, which could further delay any eviction.
    No.

    If the arrears = 2months rent payments, judge has no discretion. Possession order.

    Lack of gas safety certificates is a seperate issue. HSE might well prosecute the LL but it would not affect the eviction process for rent arrears.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    I_have_spoken wrote: »
    If your friend was to get preggers, she's be OK in the house for maybe 12 months, rent free.
    What a load of b*ll*cks!
  • 00ec25
    00ec25 Posts: 9,123 Forumite
    1,000 Posts Combo Breaker
    rpc wrote: »
    LL cannot physically evict at all.

    If T doesn't leave after the eviction notice, LL must return to court to enforce. Bailiffs can then pick you up and put you on the pavement.

    This is a civil dispute, if a LL attempted to resolve it with force then that would be a criminal offence.

    which is why I said that in the rest of my post .....if you read on
  • benjus
    benjus Posts: 5,433 Forumite
    Part of the Furniture 1,000 Posts
    G_M wrote: »
    No.

    If the arrears = 2months rent payments, judge has no discretion. Possession order.

    There seem to be a few cases like this one around the Internet: http://www.landlordlaw.co.uk/qanda/can-my-tenants-defend-if-they-did-not-attend-eviction-hearing

    I didn't say that it would prevent the possession order from being granted, merely that it might delay matters.
    Let's settle this like gentlemen: armed with heavy sticks
    On a rotating plate, with spikes like Flash Gordon
    And you're Peter Duncan; I gave you fair warning
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