Rent arrears

IamWood

I'm sorry about your situation. Please be honest with your landlord who hopefully could come up with a plan for you.

Personally, it's always a good idea to set aside some emergency money to cover at least 3 months of spending.

Amixo3032

IamWood said:

I'm sorry about your situation. Please be honest with your landlord who hopefully could come up with a plan for you.

Personally, it's always a good idea to set aside some emergency money to cover at least 3 months of spending.

I will talk to them about it , I’ve emailed but they aren’t in office due to Christmas and new year. 

I have been thinking that. I do need to do something like that 

canaldumidi

There are 3 possible eviction routes the LL could take, and he could take 1, 2 or all 3:

* S21 Notice: as mentioned much earlier this currently takes 6+ months

* S8 Ground 8: For this, arrears must be 2+ months rent, so paying down the arrears below that means it would fail. But if it succeeds, the judge must award the landlord possession.

* S8 Ground 10. This can succeed with any amount of arrears, but the court can then choose whether to grant the LL possession, or not. And if you convince the judge you are about to start a new job it is unlikely the LL would get possession

But communication is key. A LL is far more likely to give you time to find a new job, or agree a payment plan, if you make efforts to discuss your situation honestly than if you bury your head in the sand....

saajan_12

Amixo3032 said:

Snookie12cat said:

You need to keep your arrears under 2 months or knowing estate agents they will issue you a section 8 notice to vacate.

The landlord can then start court proceedings against you as soon as 2 weeks have passed after serving the notice.

He could do this anyway if you pay late, but being 2 months in arrears is a mandatory ground and you would be evicted for this at court. Keep the arrears under 2 months and set up a payment plan asap.

If I keep the arrears under two months will the s8 fail and what if I clear all arrears will I still be able to stay bere

Not necessarily..
Most of the other advice assumes a Section 8 Ground 8 notice, which indeed would fail if you got the arrears to under 2 months by the hearing date. 

However they could also use Section 8 ground 10 or 11, which can be used for smaller rent arrears or erratic rent payments. These are both discretionary grounds ie up to the judge to decide whether it merits eviction. So they'd probably say no to a one off missed payment, but if you keep being late or keeping it just below the 2 months, they may well grant an eviction. 

They can also use Section21 depending on whether you're on a periodic or where you are in the fixed term. That has a longer notice period / wait for a hearing given its no fault, but you can be evicted regardless of the arrears. 

Amixo3032

saajan_12 said Not necessarily..

Most of the other advice assumes a Section 8 Ground 8 notice, which indeed would fail if you got the arrears to under 2 months by the hearing date. 

However they could also use Section 8 ground 10 or 11, which can be used for smaller rent arrears or erratic rent payments. These are both discretionary grounds ie up to the judge to decide whether it merits eviction. So they'd probably say no to a one off missed payment, but if you keep being late or keeping it just below the 2 months, they may well grant an eviction. 

They can also use Section21 depending on whether you're on a periodic or where you are in the fixed term. That has a longer notice period / wait for a hearing given its no fault, but you can be evicted regardless of the arrears. 

I’m on a 12 month AST. 

They have agreed a payment plan I rang the landlord 

Amixo3032

canaldumidi said:

There are 3 possible eviction routes the LL could take, and he could take 1, 2 or all 3:

* S21 Notice: as mentioned much earlier this currently takes 6+ months

* S8 Ground 8: For this, arrears must be 2+ months rent, so paying down the arrears below that means it would fail. But if it succeeds, the judge must award the landlord possession.

* S8 Ground 10. This can succeed with any amount of arrears, but the court can then choose whether to grant the LL possession, or not. And if you convince the judge you are about to start a new job it is unlikely the LL would get possession

But communication is key. A LL is far more likely to give you time to find a new job, or agree a payment plan, if you make efforts to discuss your situation honestly than if you bury your head in the sand....

Oh right I’m on a 12 month ast started in Nov this yr 


I spoke to my landlord and he gave me a payment plan for only this months.. 

I haven’t buried my head in sand I am dealing with this as amongst other things too. Which is my mum she is unwell sadly 

Amixo3032

But what if he goes ahead and does a s21 ? or a s8 

Slithery

This doesn't make sense...

You say that the tenancy only started last month, you only lost your job this month yet are 2 months behind with your rent?

Amixo3032

Slithery said:

This doesn't make sense...

You say that the tenancy only started last month, you only lost your job this month yet are 2 months behind with your rent?

No it does make sense .. 

the tenancy started last month , I paid deposit plus one months rent 

then a week after I moved in the job who I worked for closed due to Covid-19.. 

mans in January I’d be in 2 months arrears 

Amixo3032

And * sorry