what is the law on notice to quit ?

cobbingstones

Hi

What is the law if you cannot afford to continue paying for private accommadation? Does the landlord need to give a certain period before you are asked to vacate?

Thanks in advance

MM

bobbie78

depends on your contract if it explicitly states it and how long you have been living there. if you contract has rolled over to month to month then they have to issue you with a s21 notice which is 2 months to get out, make sure there was no paperwork when you signed the initial contract though with s21 on or that means they have already issued it.

I'm not an expert at this but this is what I understand to be true, have a look at shelters website and maybe a trip to CAB might be in order for extra advice.

PROFESSIONAL_LANDLORD

as bobbie 78 says providing proper notices have been given, and your lease is a Short Assured Tenancy.

Even with 2 months notice you cannot be evicted from a property without a court order for repossession .

pickles110564

madsmum wrote: »

Hi

What is the law if you cannot afford to continue paying for private accommadation? Does the landlord need to give a certain period before you are asked to vacate?

Thanks in advance

MM

Why not just do the decent thing and ring LL saying that you need to hand the keys in and move out because you can no longer afford to live there

clutton_2

The advice above applies to Section 21 repossessions with no particular reason - but with regards to not paying rent - once you are two months in arrears a landlord can go to court immediately to have you evicted - for example - move in Jan 1, pay rent, dont pay rent Feb 1, don't pay rent March 1 and on March 2 landlord can go straight to court for a repossession order. You may well end up with a CCJ - as pickles says, why not just talk to the landlord and leave.

teeni

Sorry clutton but you are a bit confused process where two months rent arrears is as follows.

landlord notice under section 8 housing at 1988 this must give two weeks notice. When Notice expires landlord can apply to court for possession of property he can ask for an order for the costs at this time as well and this is £150 plus landlords legal fees. Court has to grant possession but tenant does not have to leave until he has also applied for and been granted a warrant of eviction.

Landlord can not apply for this until possession order has expired usually 2 weeks but can be for 54 days if tenant can show undue hardship if evicted immediately. Again he can ask for costs for a warrant the court fee is £95.00 plus legal fees.

would suggest you negotiate with landlord and seek independant housing advise from somewhere like Shelter in your area. they will be able to help you find alternative accommodation that is more affordable or check you are getting all the benefits you are entitled to.

Teeni

Gorgeous_George

OP. Ring the LL and tell him the situation.

He is required to mitigate your losses. You are responsible for the rent for the term of your contract but if he can get another tenant in before your tenancy ends, this will save you much of the costs.


It's good to talk.



GG

clutton_2

a section 8 can be issued immediately a tenant in two months in arreas - since most AST stipulate that the is rent paid in advance - i stand by my earlier post
http://www.letlink.co.uk/letting-factsheets/factsheets/factsheet-8---claims-for-possession-the-section-8-notice.html

this is a website which is written in english to interprete the various Section 8 grounds available to landlords to evict a tenant.

PROFESSIONAL_LANDLORD

Scotland Is different !

There must be at least 3 months rent in arrears,:eek: this is ground 8 of the Housing (Scotland) act and is ' a mandatory ground' a Scottish court must give a possession order by law. Provided papers are in order.


If a tenant has persistently delayed paying rent, (even if a tenant is NOT in arrears at the start of court proceedings) a LL can apply to the court under ground 11 this is a 'discretionary ground' the court may, or may not give a possession order under this ground.