Help Needed - Possible Eviction

babyblade41

Firstly as those above have stated there are rules about eviction, they must be adhered to and it's through the courts.

The pinned posts will guide you through the procedure .

Morally you are in the wrong and in my experience a tenant who lives with no financial back up will always be chasing the tail especially if you have been let off once before .

The roof over your head, your home whether renting or owning must come above and beyond anything else and if you needed the money urgently then maybe a credit union loan or credit card would have been infinitely a more sensible idea for a small amount and not sure why you think your LL should loan it to you.


However that said your LL can't just access whenever he pleases and remember you may need references, your only saving grace is that your LL does sound as though he has all the gear and no idea.

As already stated if LL won't accept payment then put it another account where it cn be referenced but do send it again via transfer, this will show the court what has happened.

Eventually you will have to leave I would expect so next time pay the rent above anything else .

As we have only heard your side it is always difficult to make a judgement , but the law on eviction is pretty clear and the rules have to be followed by both parties

JohnCD95

Hello all.

Today my LL hand delivered an eviction letter.
The options the LL selected on the eviction notice was Sections 88 & 89

The date on the letter is today's date (04/09/19) so does that actually give me 14 days from today up until the 18th? Rather than the 15th.

Thanks.

Comms69

JohnCD95 wrote: »

Hello all.

Today my LL hand delivered an eviction letter.
The options the LL selected on the eviction notice was Sections 88 & 89

The date on the letter is today's date (04/09/19) so does that actually give me 14 days from today up until the 18th? Rather than the 15th.

Thanks.

Section 88 and 89 of what act??


Or s.8.g8 and s.8.g9 - in anycase


ground 8 would fail, no arrears
ground 9 wouldn't be an issue, the landlord has to provide you with a new property

Blondetotty

Have you actually read the guides that GM has produced that have been pointed out to you?

JohnCD95

Residential Tenancies Act 2010

Yes I have read G_Ms replies.
I just asked again.

So the letter is invalid then as the notice does not give enough time.

G_M

1) I'm assuming this was a Section 8 Notice? Please confim.
Example S8

2) Also assume you ( or he) means Section 8 ground 8 and Section 8 ground 9? Please confirm.

3) Ground 9 seems strange to rely on" Suitable alternative accommodation is available for the tenant or will be available for him when the order for possession takes effect. "

4) What has he written in section 4: "Give a full explanation of why each ground is being relied on:" ?

You do not have to leave. The Notice does not make you leave.

The notice simply says that after the requisite period (below) the landlord can apply to court for a possession order. The court hearing will be later. The court may or may not grant the LL possession - you only have to leave if the court grants the LLpossession.

Section 8 ground 8 can only be used if 2 months rent is in arrears. In your case:

1a) £200 is not 2 months rent, this will fail in court
1b) you have paid this (though he returned the money) and you will show the court evidence of your payment. S8 Ground 8 will fail

2) he has claimed £980 is owed, but you dispute this. Have you prepared a spreadsheet as advised earlier showing all your rent payments? If you can show you do not owe £980 S8 G8 will fail. Take the spreadsheet to the court hearing, as wellas your bank statements.

Timeline: he can apply to court under S8 G8 after 14 days ie 18/9/19


Section 8 ground 9 can only be used if the local authority or LL is offering you alternative suitable accommodation. Is he?

Timeline: he can apply to court under S9 G9 after 2 months.

Have you read the notes on the S8 Notice?


Note: I'm surprised he has used S8 ground 9, not S8 Ground 10. Maybe he made a mistake. Ground 10 is:

Some rent lawfully due from the tenant—

(a)is unpaid on the date on which the proceedings for possession are begun; and
(b)except where subsection (1)(b) of section 8 of this Act applies, was in arrears at the date of the service of the notice under that section relating to those proceedings.

The difference between grounds 8 and 10 is
* ground 8 requires there to be 2 month rent arrears. Ground 10 reqires any amount of arrears
* if ground 8 is true, the court must give the LLpossession. If ground 10 is true, the judge can choose either to grant possession or not. Judges often choose not to.


But he appears not to be using ground 10!

m0bov

You need to just ignore as the guy is an idiot, I would be calling 101 as you are being harassed change the looks, keep a copy of all e-mails. You will need to start looking for a home for Dec but you are contracted till then.

If he turns up tell him to e-mail or write to you, if he shouts, dial 999.

Comms69

JohnCD95 wrote: »

Residential Tenancies Act 2010

Yes I have read G_Ms replies.
I just asked again.

So the letter is invalid then as the notice does not give enough time.

Are you in AUSTRALIA? (!)

G_M

m0bov wrote: »

You need to just ignore as the guy is an idiot, I would be calling 101 as you are being harassed change the looks, keep a copy of all e-mails. You will need to start looking for a home for Dec but you are contracted till then.
This is poor advice.

Do not ignore the notice. Yes - do not respond yet. Wait the 14 days and see if the LL then applies to court, but meanwhile get your evidence (of rent payments etc) ready for your defence.



Claiming harrasment based on receiving a S8 Notice will just make you look stupid. Do not do this. Do not call101 based on this.



If he turns up tell him to e-mail or write to you, if he shouts, dial 999.

By all means call 999 if he actually turns up and threats you.

JohnCD95

For better understanding, here is an upload of said eviction notice.
As this is the first time I have ever been evicted, after living successfully in 3 rental houses beforehand.





As regards to the £980 owed.
He today has apologised and said that he worked it all out wrong after I supplied him a spreadsheet + bank statements.


After a quick Google has my LL actually printed out a Notice to Terminate Tenancy Agreement form from Australian GOV website? :rotfl: