Advised Needed With Eviction

mart5675

Good Morning,

I rent a room in a shared house. The landlord has sent me something via recorded delivery which has to be signed for (without going into detail I'm certain it's from the landlord). Nobody was in so a card has been left to collect it. I'm 99% sure it's a section 8 for late rent arrears.

What position am I in if I don't pick it up? Will the notice have not been served? Could the landlord still apply to the court for a possession order without me picking it up?

This isn't about ignoring the problem. I just need as much time as I can before being evicted. I'm on benefits and don't have any money. Certainly not enough to rent a new place. I have no option at present other than to stay until the very end and I'm evicted by the bailiffs. The more time I can get the better my chances of not being left in that position.

System

All the landlord needs is a proof of postage, it was deemed served as soon as he dropped it off at the post office.


As he sent it recorded delivery there will also be a tracking record saying card left so even if you didn't collect it any judge will consider it served

davidmcn

Generally, legal stuff sent by recorded delivery is deemed to be served whether you pick it up or not - so you're better to read it rather than guess at what you're missing.

mart5675

That's disappointing. I hoped I might gain myself more time.

Thank you for the replies.

Cakeguts

Don't you get any housing allowance to pay for your accommodation?

pinkshoes

mart5675 wrote: »

That's disappointing. I hoped I might gain myself more time.

Thank you for the replies.

Your landlord is not a charity.

You need to collect the letter and sort this issue out rather than burying your head in the sand.

If you have rent arrears, then you need to contact your landlord to discuss a payment plan.

If you are evicted due to non payment of rent, the council will not see this favourably as you will be making yourself homeless.

If you are struggling with money, why not go on one of the other boards and post a SOA to get help with your finances? Many people manage on benefits so get some help.

babyblade41

I'm sorry you find yourself in a predicament but not paying the rent ?

Rent comes first, before food or anything else ..no good being able to eat in a tent ...and yes I have been there, thankfully having hens for many years I have found ingenious ways of cooking eggs (not the hens) !!

A section 8 isn't done lightly so as long as the rules have been followed by LL you' re at least 2 months behind or late on numerous occasions.

Remember the LL may need to pay his mortgage and his bills and may have been stalling on his bills whilst you hide away.

If as you say it's a shared house and LL doesn't live with you then have the other tenants paid on time or just you ?

Get the letter and find out exactly what is says, LL has proof he posted so best face the problem now rather than later down the line.

If you are in debt then get some help from a debt charity who will help you face those who you owe money to and work on getting everyone paid

AdrianC

mart5675 wrote: »

I'm 99% sure it's a section 8 for late rent arrears.


This isn't about ignoring the problem. I just need as much time as I can before being evicted. I'm on benefits and don't have any money. Certainly not enough to rent a new place. I have no option at present other than to stay until the very end and I'm evicted by the bailiffs. The more time I can get the better my chances of not being left in that position.

You are already at least two months late with your rent. How much time do you need?

If you really want to buy some time, then pay enough to be less than two months overdue - that will void the s8 notice. But if there's an s21 with the s8, then that'll still be valid.

In the meanwhile, all you are doing is increasing the ultimate cost to your landlord - and he's within every legal right to make you pay that via the courts. So, unless you're going to declare yourself bankrupt, you will ultimately be paying more the longer you leave it and the more you bury your head in the sand.

Sibz

I hope it's a big fatcat landlord and not someone gaining extra income they need to support their family.

While I have sympathy with your situation and I'm well aware of how easily it can happen to most of us, you do need to take the responsibility rather than shifting that onto someone else who is not the cause of your situation.

Contact shelter, your local MP/councilor - post on the other boards here and spend this time and your energy seeking to help yourself rather than buying time. Have you tried being upfront and honest with the LL? I'd bet they'd be more willing to accommodate you if they can if you communicate with them than if you try to ignore them and end up costing them money through legal proceedings.

Go and see people, that should be more fruitful than sitting worrying and fearing the worst

V0RTEX

It's a very daunting feeling when you've got mail like that and don't want to get it or even open it, I'm like that myself sometimes but its probably for the best that you deal with it.

I've been on benefits myself and it's tough, especially when you're given barely enough to survive on let alone live or be able to afford any form of enjoyment from life.

Is there any chance you can get a social fund loan (or whatever it's called nowadays) from the DWP to help you pay some of it off? or as AdrianC suggested, paying enough to be less than 2 months overdue?

_pinkshoes wrote:

If you are evicted due to non payment of rent, the council will not see this favourably as you will be making yourself homeless.

The council will look on you unfavourably only if you voluntarily make yourself homeless. It doesn't sound like the OP is refusing to pay their rent (voluntary) rather they are unable to pay their rent (involuntary)

babyblade41 wrote:

Rent comes first, before food or anything else ..no good being able to eat in a tent

No food equals death, death equals inabily to work or claim benefits to pay rent. What good is being in a house with your rent paid up if you're dead?