Landord Evicting me

newsgroupmonkey_

SusieT said:

If I were the landlord you would also have received S8 notice, you have been consistantly late paying rent, it only requires 2 weeks before court action is taken, and since the landlord can prove thatyou have paid as and when you felt like it the judge will have no option other than to agree to it. In your position I would talk very nicely to the landlord, and if they still want you out start to look for somewhere else in a timeframe that is as convenient to you as possible. That way you will not have court costs and possibly later eviction costs added to what you already owe.
In future rentals, please please remember that there are very few reasons for witholding rent, so it must be paid on time every time

S8 is a bit weak here I feel?

Not only is Ground 11 discretionary, but I'm not sure that 2 months is "persistent" after 12 months of paying on time.

Particularly if that was backed up with no unpaid rent.

I don't think a Judge would be impressed on "playing the system".

macman

S8 or S21, it's irrelevant, as the OP confirmed that no How to Rent booklet was supplied. So any application for possession must fail, and be resubmitted once the tenancy is regularised.

macman

MEM62 said:

macman said:

Firstly, an LL cannot evict you, only you or a court can end the tenancy. You do not have to leave at end of the 8 week notice period, you can legally remain, pay your rent, and wait for him to obtain a possession order, which would take a further 6m+. Then a further month to evict you.

The time scales can be shorter than that.  I applied to the court and the matter was dealt with a lot quicker.  I had a possession order within three months and my tenant, unfortunately, was saddled with an order to pay costs.  Not the best of outcomes for either of us.     

When was this please? Evictions were suspended during lockdown, and the court delays for possession orders were 8 months or more as a consequence.  They may be easing a little now, but 3 months would be highly optimistic.

DE_612183

macman said:

S8 or S21, it's irrelevant, as the OP confirmed that no How to Rent booklet was supplied. So any application for possession must fail, and be resubmitted once the tenancy is regularised.

Yes, I agree - however if the Landlord is the agent, and he's done all the other stuff right I'd be surprised if it wasn't the Tenant that has missed the HtR booklet rather than the landlord suppling it - I wouldn't rely on that as 100% accurate.

newsgroupmonkey_

macman said:

S8 or S21, it's irrelevant, as the OP confirmed that no How to Rent booklet was supplied. So any application for possession must fail, and be resubmitted once the tenancy is regularised.

No, it is important.

Firstly, as someone else has pointed out, many courts are down to under 3 months now. That's real life, not hearsay.

S8 is 2 weeks before Court can be requested. That could be before Christmas.

S21 is 2 months. So unlikely before Feb. And as you pointed out, the "right to rent" could get it thrown out of court. If that's the only transgression, the Judge might overlook it. Particularly if the LL said they did provide and the tenant said they didn't (as someone pointed out on another thread, the LL should always get it signed for).

Finally, an S8 is different to an S21. It's not a no-fault eviction, so the S21 checklist is irrelevant (go look it up!)

So it is relevant. In fact very much so. Although as above, I don't believe that Ground 11 is even fair at this point.

mattyprice4004

derobe said:

Not been without a fridge freezer it’s been broken for two months. Me chasing for repairs and being ignored. That’s why I’ve been slow to pay.

My thinking is that surely it’s a landlords responsibility to provide bins to a property and not a tenants. He has actually accepted this and my issue is that he has said he’s ordered them with the council months ago but I’ve heard nothing. 

Thanks for your response though…..

Anyway, if anyone can advise on court situation. Thx 

I thought you said you were slow to pay because you didn't know you had to still pay on the same day of the month? Make your mind up...  

Court situation will likely cost you money if you fight it and lose - at the end of the day the landlord can choose to evict you if they wish. 
I don't see why you're trying to 'make their life hard' - all you'll do is annoy them, and could end up costing yourself money. 
Good luck getting a reference for your next place too... 

MEM62

macman said:

MEM62 said:

macman said:

Firstly, an LL cannot evict you, only you or a court can end the tenancy. You do not have to leave at end of the 8 week notice period, you can legally remain, pay your rent, and wait for him to obtain a possession order, which would take a further 6m+. Then a further month to evict you.

The time scales can be shorter than that.  I applied to the court and the matter was dealt with a lot quicker.  I had a possession order within three months and my tenant, unfortunately, was saddled with an order to pay costs.  Not the best of outcomes for either of us.     

When was this please? Evictions were suspended during lockdown, and the court delays for possession orders were 8 months or more as a consequence.  They may be easing a little now, but 3 months would be highly optimistic.

Proceedings commenced in April, the order was issued on Friday.  According to my insurers, who are handling the case, the tenant has been given two weeks to vacate.  Not a process I particularly wanted to go through but sums up why I no longer want to be a landlord.     

macman

newsgroupmonkey_ said:

macman said:

S8 or S21, it's irrelevant, as the OP confirmed that no How to Rent booklet was supplied. So any application for possession must fail, and be resubmitted once the tenancy is regularised.

No, it is important.

Firstly, as someone else has pointed out, many courts are down to under 3 months now. That's real life, not hearsay.

S8 is 2 weeks before Court can be requested. That could be before Christmas.

S21 is 2 months. So unlikely before Feb. And as you pointed out, the "right to rent" could get it thrown out of court. If that's the only transgression, the Judge might overlook it. Particularly if the LL said they did provide and the tenant said they didn't (as someone pointed out on another thread, the LL should always get it signed for).

Finally, an S8 is different to an S21. It's not a no-fault eviction, so the S21 checklist is irrelevant (go look it up!)

So it is relevant. In fact very much so. Although as above, I don't believe that Ground 11 is even fair at this point.

Thanks for that info. I'm amazed the court lists have diminished that much, is this everywhere?
But what the OP has been served with is an S21, not an S8. A judge would overlook an absent statutory requirement? I doubt it. You may well be right that the OP did receive it, as his story has changed several times through this thread. But he says that he has no email confirmation of receipt, and no leaflet. So, unless the LL can show otherwise, he is in breach. He will have to prove compliance: the OP has to prove nothing.

TripleH

Don't assume the letting agent always gets things right. The last one we used made multiple errors during our tenancy and this was basic stuff like not putting a number in for length of fixed term contract,  not supplying check-in report, plus the usual 'fee earning' tricks.

derobe

I was slow to pay for both reasons...

1. Because I thought a periodic tenancy meant that there was no longer a fixed payment date
2. The slow repairs  - This has been during the current heatwave and being without a fridge freezer was extremely inconvenient and then to be ignored when chasing by the landlord/agent (his staff who I can only assume were ignoring me as per his instruction) on top of that pushed me to withhold the rent as I couldn't be without the appliance anymore.

In fairness, if I was aware that point 1 was incorrect then I would have stuck to the standing order but the damage is done and I can't take it back now. If I didn't take this position I may still not have a fridge freezer so can't say I regret doing it.

Again, now the landlord/agent has received the rent they have ignored every single one of my messages querying the notice of possession.

So my stance right now is to stay in the flat and make life difficult for them like they have for me... unless I find somewhere suitable. In terms of getting a reference, can't see why I don't just use my landlord from previous tenancy in 2020/21. Or look at finding somewhere on openrent with a private landlord. Would prefer not to deal with an agent anyway.