threat of eviction?

abs102

Hi,
new poster so please move if not in right area.
I currently rent a house, and due to financial difficulties i have been late in paying rent for the past few months.
The landlord has served us an eviction notice for the property, asking us to leave by the 1st october.
The trouble is i am worried about being able to let a new property because of these issues with arrears.
Would i be better off going to a new agency and offering to pay more rent upfront (as i don't have a suitable guarantor), or doing my best to pay arrears. i should be able to pay, but the landlord has asked for the arrears by the 1st, and id only be able to pay by the 10th.
Any advice is most appreciated.

theartfullodger

You should 'phone Shelter, the housing charity, on 0808 800 4444

What exactly was this "eviction notice" the landlord sent?? Landlords cannot evict - only a court can.

If headed "Section 21" or "Section 8" they do not end the tenancy nor require the tenant to leave, but merely permit the landlord to start possession proceedings when they expire: Many (many!) landlords get these notices wrong & they are invalid. You do not need to leave October 1st.

How many month;s rent do you currently owe, please?? Has the initial "fixed term" of the tenancy ended??

Cheers!

jamie11

What sort of notice has been served S21? S8?

Do you owe 2 months or more rent?

When was it served?

Are you in the fixed period of your tenancy?

Has any deposit been protected and PI served?

abs102

hi guys,
a section 8 has been served by the lettings agency.
i currently owe 2 months rent, and it has changed from a fixed term tenancy to a month by month one.
it was served on the 1st september.
the deposit is protected under the tenancy deposit scheme
many thanks :-)

theartfullodger

Definitely 'phone Shelter then, 0808 800 4444

No you do not have to leave 1st Oct (unless it suits you..)

Owing 2 or more months when both S8 is served & case comes to court is a "mandatory" eviction ground where Judge MUST grant possession order ... but ...
a) If rent owed is only 1p below 2 months when it gets to court the Judge can decide..
b) If there are any "repair" issues these can be used to defend: So any damp, mould, things not working, unsafe electrics, no gas safety certificate??
c) Deposit protection or not is irrelevant to S8 eviction.

Does the S8 notice quote grounds 8, 10 & 11??

Have you also been served with S21 notice??

One way or another, even the most stupid landlord will eventually manage to evict you: Sorry, time for planning.

If being evicted for rent owed council does not have to rehouse you or provide advice: Any kids?

PHONE SHELTER: Please!!!

Good luck.

silvercar

Would i be better off going to a new agency and offering to pay more rent upfront (as i don't have a suitable guarantor), or doing my best to pay arrears.

Hard to say whether clearing the arrears would mean that the landlord is happy for you to say. It does beg the question, if you have money set aside to pay rent upfront why have you fallen behind with your rent?

BigAunty

Have you checked if you are entitled to any benefits, such as housing benefit? You can find out your maximum Local Housing Allowance for your entitlement on your local council website and enter this information into the Turn2us online benefit calculator.

Do you have any other debts?

jamie11

Try to get the unpaid amount below the 2 months owed, you stand a much better chance of the eviction not being allowed.

abs102

thanks for the responses, very much appreciated. its not that i have the amount set aside, its that i would use the money i just received from student finance to pay off the money owed. i have other debts, but these are in a debt management plan. i have been told by the new letting agent that they would do an affordability check, and not do a credit check.
we've spoken to shelter once, and they have said to speak to them again if and when we get taken to court. their advice was to try and sort out a payment plan, and give the landlord a date when we can move. they also said to look into pursing compensation, as the kitchen door would jam shut, meaning i could not access the bathroom, and as i have IBS, this presented a significant issue. When we moved in we asked that the doors be fixed so they closed, but this didn't happen. it took them around 6 months to arrange these repairs. there is mould in the bathroom, and the walls have not been damp sealed so the paint is falling off.
i don't have the section 8 to hand, so i couldn't tell you about those grounds, sorry.
once again, thank you for all the responses so far, and thanks in advance.