Friend/Neighbour threatened with eviction - is this legal what they want?

Predaleko1984

My neighbour has had a few health issues since 2015 has begun. She discovered she was pregnant, and misscarried one twin, and has had a scare with the other - she is three months in.

She has been off sick from work since December due to the pregnancy issues and issues with her back too. Since then, she has been paid Statoury Sick Pay.

She paid December and even January's rent as she had the wages to back herself up with. She's applied for housing benefit to pay February's rent, but is waiting a decision and has been in and out of hospital.

Because of this, she has been given an eviction notice. She has 14 days to find February's rent, or she will be evicted. If I am correct (or not) it's usually a month or two?

Are our landlords breaking the law doing this or are they within our right?

RAS

Has she actually been issued with an eviction notice?

Issued by the courts?

If so, she would have had a written notice from the LL (section 8) and court papers?

G_M

S8 Notice for rent arrears? How much arrears?

Or S21 Notice (no fault)? 2 months.

Read

* Ending/renewing a fixed term: what happens when a fixed term ends? How can a LL or tenant end a tenancy?

Predaleko1984

She was given a letter and a call over the phone about it. They said either find the rent in 14 days or she's out on the streets.

G_M

Read the link.

princeofpounds

Yes, read the link.

But short answer is no, this 'procedure' is not legal. She will still be inside the house in 15 days, if she wants to be.

If you read the link, you will get why we are asking the following initial questions...

Is she in the fixed term of her tenancy still?

How large is the overdue rent, in terms of months outstanding?

Did she pay a deposit, and if yes, is it in a protection scheme?

stator

And get her to change the locks. Evicting her without the proper procedure may be illegal but some landlords try it anyway and it's a lot easier to keep them out than get back in.

RAS

A letter asking her to get her rent up to date or they will start court proceeding is OK, telling her she is out on her ear is another matter.

Please also speak to Shelter http://england.shelter.org.uk/get_advice/eviction

And an answer to pop's questions would help

Predaleko1984

princeofpounds wrote: »

Yes, read the link.

But short answer is no, this 'procedure' is not legal. She will still be inside the house in 15 days, if she wants to be.

If you read the link, you will get why we are asking the following initial questions...

Is she in the fixed term of her tenancy still?

How large is the overdue rent, in terms of months outstanding?

Did she pay a deposit, and if yes, is it in a protection scheme?

She has been there since April 2012, after six months there was no tenancy and therefore it was an Assured Tenancy (I get confused lol), the rent is £490 which is her monthly rent, A deposit yes - £600 and it is protected.

Predaleko1984

The letter says pay up or go to put it bluntly, I gathered it was illegall. They are adding £110 on top for a leak to a washing machine which was leaking by a previous tenant!!!

RAS

Unless there is something in her tenancy agreement stating otherwise, it is likely to be a Statutory Period Tenancy. LL has to give 2 months no fault notice or win a court case for rent arrears. That is discretionary if there are less then 2 months owing when the case goes to court.