Eviction notice help

Welshie13

I'm posting this for some advice for a friend.
He has been living in a shared accomodation for the last 5 years. For 2 years of this, along with the other tenants, he was without any hot water. He stopped paying his topup rent of £18pw and has now been given an eviction notice. Before moving in, he was advised it was single occupancy only & no pets allowed however the landlord has now moved his son and his son's partner in to the house in a single occupancy room with a cat. After moving his son in, the landlord has moved the thermostat in to his sons room so that only he can control when the heating comes on. Baring in mind it is now winter and my friends 4 year old son stays with him 2 nights a week. The other tenants are also complaining about the heating arrangement.

My friend is currently claiming ESA for a mental health issue which is currently quite severe. He would not cope living on the streets & I am extremely worried about him. Unfortunately, I am unable to offer him a place to stay but I have offered to pay his £300 arrears and set up a fortnightly direct debit for his topup rent but the landlord has declined this offer even though this means he would be fully up to date with his payments. Is he legally allowed to decline?

What I am asking is where do we go from here? How long does he have before he gets taken to court & thrown on to the street. I can't sleep for the worry of this situation and the worry for my friend.
Please help

AnotherJoe

Why does he want to stay in a place with a terrible landlord, no hot water and poor heating?

A LL can evict someone so yes its legal (unless perhaps this is in Scotland?) . Your friend can put it off for a while he doesn't have to go immediately but there will eventually be bailiffs and court so he should make alternative arrangements.

Take him to Shelter to get legal advice. But he cant put the eviction off indefinitely.

Ms_Chocaholic

Can he get an electric heater that he can use in his room; not ideal but at least he'd be warm.

Welshie13

He has no other options than to stay there. He's never been in this situation before. I've been looking for other accomodation for him however he will struggle to get references especially from his current landlord given the situation. He lives in Wales. He's not computer savvy hence I'm on here seeking advice. The landlord gave him 1 week to move out otherwise he would take him to court. That week is now over. Potentially, how long can he put this off for? Baring in mind he has to find money for a bond/deposit that of course I can help partly with but not all of it.

Welshie13

Aswell as finding accomodation of course a long with the bond/deposit and no reference from his current landlord.

elsien

What sort of tenancy does he have and how long is it for?

Welshie13

I believe he has an assured tenancy however I am not sure how long this is for. He has been living at the property for 5 years.

AnotherJoe

If the LL doesn't live there, then my understanding is he is on an AST and the notice period is 2 months so one week is illegal. However given the situation it seems likely the LL is not following the law anyway which is double edged sword, it means the notice is invalid but it also means he may get back home one day and find his belongings on the lawn and the locks changed.
Also, eventually the LL will get an eviction notice that is legal. And in any case he doesn't have a lifetime guarantee of staying in this place.
So you are going to have to eventually look for another place. As I suggested earlier I think Shelter would be a good place to start.

elsien

He needs to phone Shelter with regards to his rights plus also contact the local council homeless prevention team.
If he's got a proper tenancy then no they can't chuck him out with only a week's notice. Is there a way of clearing some of the arrears or proving that he's tried? How does he normally pay his rent?
For future reference, withholding rent is a bad ideas. There are better ways of tackling bad landlords.
Is he on the council/social housing list? If not then register now. Dies he have a CPN or psychiatrist who could provide evidence as to his vulnerability?

Comms69

Welshie13 wrote: »

I'm posting this for some advice for a friend.
He has been living in a shared accomodation for the last 5 years. For 2 years of this, along with the other tenants, he was without any hot water. - Should've complained to the council He stopped paying his topup rent of £18pw and has now been given an eviction notice. - unsurprisingly, s.8 or s.21? Before moving in, he was advised it was single occupancy only & no pets allowed however the landlord has now moved his son and his son's partner in to the house in a single occupancy room with a cat. - and? the landlord can have different rules for different tenants After moving his son in, the landlord has moved the thermostat in to his sons room so that only he can control when the heating comes on. Baring in mind it is now winter and my friends 4 year old son stays with him 2 nights a week. - But his room is single occupancy?? The other tenants are also complaining about the heating arrangement.

My friend is currently claiming ESA for a mental health issue which is currently quite severe. He would not cope living on the streets & I am extremely worried about him. Unfortunately, I am unable to offer him a place to stay but I have offered to pay his £300 arrears and set up a fortnightly direct debit for his topup rent but the landlord has declined this offer even though this means he would be fully up to date with his payments. Is he legally allowed to decline? - Well if you have the bank details you can just pay it?...

What I am asking is where do we go from here? How long does he have before he gets taken to court & thrown on to the street. I can't sleep for the worry of this situation and the worry for my friend.
Please help

Well eviction typically takes around 6 months on a s.21.


s.8 is theoretically quicker.

Pixie5740

Please read the sticky at the top of the board, Tenancies in England/Wales: Guide for Landlords and Tenants. It contains a section about Ending/Renewing an AST.