Friend been issued S8 G8,10,11,17 how can she sort this fast

Standingstrong

macman said:

Seems fairly clear that what the OP's friend wants to do first is offer to pay the arrears on the basis that the G10 and 11 is not proceeded with. In which case she needs to extract that in writing before she pays up.
That might not be very ethical, but from her own point of view it's probably the best course of action.
Whether it simply stiffens the LL's resolve to end the tenancy anyway is not something anyone can know.

That’s correct she wants it in writing that when she pays the Arrears all the s8 gets stopped as it’s fair. 

The LL gets what they’re owed and the T don’t get no action against them as she would’ve paid it tomorrow. 

And there’s obviously no point of the LL going to court over g11,17 as she would’ve paid the arrears and paid the rent normal then 

p00hsticks

Standingstrong said:

Right the rent was not paid  because HER BANK ACCOUNT . Got shut for fraud and all her Funds got taken hence why she couldn’t pay the rent. The landlord and estate agent knew about this. 

The estate agents colleague emailed her today and said wait for the girl who’s dealing with this to come in tomorrow so that they can talk and sort this out. 

Does that now sound a bit better? 

Not really, I think we've gathered that.

What I (we?) don't understand is a) if the bank account is still shut and/or her funds have not been returned, how is she apparently in a position to be able to promise to pay not only the arrears but February's rent in advance too ? or b) if the bank account is not shut and her funds have been retrieved, why has she not already paid off the arrears but instead appears to be using delaying tactics (e-mailing, talking to 'sort this out') etc.

If she can pay off the arrears then she should do so without delay.

MattMattMattUK

Standingstrong said:

MattMattMattUK said:

Standingstrong said:

_Penny_Dreadful said:

housebuyer143 said:

_Penny_Dreadful said:

macman said:

I think your friend needs to accept that relations with the LL have broken down irretrievably and that, even if the arrears are paid in full tomorrow, the LL is likely to continue with seeking to gain possession under 11 and 17.
I doubt they want to risk further loss of income by waiting to serve an S21 in November, if that is the end of the fixed term TA.

No sane landlord would walk into a court hoping to get a possession order using two discretionary grounds with a Section 8 notice.  As all communication thus far has been with the letting agent I wonder if adding grounds 10, 11 and 17 were the idea of an over-zealous letting agent rater than the landlord.

When we did section 8 notices at the letting agent I worked for, you always put every available ground down on the section 8 in case the arrears got cleared before the court date. Some landlords still wished to press forward on discretionary grounds. Some landlords I know got possession this way.

If you are doing it anyway, what harm does including the additional grounds do 

When you go to court off the back of a Section 8 using a mandatory ground then providing you can prove the mandatory ground e.g. 2 months rent is owed the tenants cannot defend the case and the judge has to grant the possession order even if he/she thinks eviction is a bit unfair e.g. when someone’s bank account has been frozen so they cannot access their money to pay the rent. 

On the other hand if you only walk into court with a discretionary ground(s) you not only have to prove the condition for the ground is met but the judge has to deem it reasonable for the tenant to be evicted because of it. For example, say you walk in with just ground 10 and at the time of the hearing the tenant owes you £1, yes the condition for ground 10 is met but no judge is going to grant a possession order over £1. 

With discretionary grounds the tenant is entitled to defend it and if they choose to put in a defence the case will not be concluded during the initial hearing as it would be with a mandatory ground.  You then have to wait weeks/months for the next hearing. The case can become drawn out and therefore expensive meanwhile the tenant, if in receipt of benefits could be entitled to legal aid.  It’s much easier for the landlord to issue a Section 21 at the earliest time possible. 

So when she pays the arrears off this week even though the landlord might not go ahead after it all being paid , 

if he does go to court they can’t do nothing about arrears as it would’ve been paid , 

so what your trying to say is my friend IF it does go to court she can defend the ground 11 and 17 ? 

The fact she has the capacity to pay but still has not and is instead messing around with phone calls and letters reflects very badly on her and certainly is not going to help her case with the landlord. I suspect that she might have got away with this if she had been open and sensible with the landlord, but if I were in the landlords position with all the messing around still going on I would want her out as well and I would use any legitimate means to get rid of her.

The man on the phone wouldn’t accept anything as he said to her that she needs to call back tomorrow to pay it and to speak to that colleague who’s dealing with this in there office  

It sounds incredibly unlikely that a letting agent would tell someone who was two months overdue on their rent to not pay the rent. She has their bank details, she should have made the payment as soon as her bank account was unfrozen instead of all this messing around with phone calls and letters. 

Standingstrong

p00hsticks said:

Standingstrong said:

Right the rent was not paid  because HER BANK ACCOUNT . Got shut for fraud and all her Funds got taken hence why she couldn’t pay the rent. The landlord and estate agent knew about this. 

The estate agents colleague emailed her today and said wait for the girl who’s dealing with this to come in tomorrow so that they can talk and sort this out. 

Does that now sound a bit better? 

Not really, I think we've gathered that.

What I (we?) don't understand is a) if the bank account is still shut and/or her funds have not been returned, how is she apparently in a position to be able to promise to pay not only the arrears but February's rent in advance too ? or b) if the bank account is not shut and her funds have been retrieved, why has she not already paid off the arrears but instead appears to be using delaying tactics (e-mailing, talking to 'sort this out') etc.

If she can pay off the arrears then she should do so without delay.

Bank refunded her bank account and she’s been keeping the Letting agency  and landlord in loop whilst going through this with the bank. 

And for the 4th time I’ve explained this already , the man in the office wants her to speak to the lady tomorrow  as she is NOT IN she is on ANNUAL LEAVE she is the one who’s dealing with this matter

and also she deals with all the section 8’s 

everyone else in the office does not know about what’s going on  except from the s8 that’s what was on his notes. 

as then he said to her  she can pay the arrears and chat about how to go forward next

MattMattMattUK

Standingstrong said:

macman said:

Seems fairly clear that what the OP's friend wants to do first is offer to pay the arrears on the basis that the G10 and 11 is not proceeded with. In which case she needs to extract that in writing before she pays up.
That might not be very ethical, but from her own point of view it's probably the best course of action.
Whether it simply stiffens the LL's resolve to end the tenancy anyway is not something anyone can know.

That’s correct she wants it in writing that when she pays the Arrears all the s8 gets stopped as it’s fair. 

What is "fair" is subjective, the landlord will have been paid late and will likely have faced costs and/or inconvenience, he will want rid of his uncooperative tenant. As she now appears to want to get the landlord to waive his legal rights in return for doing what she should have already done she will have burnt whatever remaining bridges there were.

Standingstrong said:

The LL gets what they’re owed and the T don’t get no action against them as she would’ve paid it tomorrow. 

The landlord gets the rent two months late. The tenant seems to miss that, they also show that they have no regard for their contract as they could have already paid, but have not.

Standingstrong said:

And there’s obviously no point of the LL going to court over g11,17 as she would’ve paid the arrears and paid the rent normal then 

There is a point to go on the other terms, to get rid of a difficult tenant, which is likely what they will do.

Standingstrong

MattMattMattUK said:

Standingstrong said:

macman said:

Seems fairly clear that what the OP's friend wants to do first is offer to pay the arrears on the basis that the G10 and 11 is not proceeded with. In which case she needs to extract that in writing before she pays up.
That might not be very ethical, but from her own point of view it's probably the best course of action.
Whether it simply stiffens the LL's resolve to end the tenancy anyway is not something anyone can know.

That’s correct she wants it in writing that when she pays the Arrears all the s8 gets stopped as it’s fair. 

What is "fair" is subjective, the landlord will have been paid late and will likely have faced costs and/or inconvenience, he will want rid of his uncooperative tenant. As she now appears to want to get the landlord to waive his legal rights in return for doing what she should have already done she will have burnt whatever remaining bridges there were.

Standingstrong said:

The LL gets what they’re owed and the T don’t get no action against them as she would’ve paid it tomorrow. 

The landlord gets the rent two months late. The tenant seems to miss that, they also show that they have no regard for their contract as they could have already paid, but have not.

Standingstrong said:

And there’s obviously no point of the LL going to court over g11,17 as she would’ve paid the arrears and paid the rent normal then 

There is a point to go on the other terms, to get rid of a difficult tenant, which is likely what they will do.

How is my friend a difficult tenant for a banking issue which held her funds up. The LL has been very understandable in this situation and he’s been kept in the loop to when he’ll be paid. 

The letting agents done the s8 not the landlord as it’s fully mananged by them

Exodi

Standingstrong said:

Right the rent was not paid  because HER BANK ACCOUNT . Got shut for fraud and all her Funds got taken hence why she couldn’t pay the rent. The landlord and estate agent knew about this. 

The estate agents colleague emailed her today and said wait for the girl who’s dealing with this to come in tomorrow so that they can talk and sort this out. 

Does that now sound a bit better? 

All of your replies after this basically say the same thing so I'll respond to this.

We understand your friend got her account closed due to fraud. Presumably, by the simple fact she is able to pay the rent now, her account was re-opened at some point in time? Was it, by some miracle of a coincidence, the same day that she received the section 8 that her account was unfrozen, or was it earlier?

There also seems to be a disconnect between what people keep saying in this thread, and what you are responding with. People are asking why she hasn't paid her rent and you keep saying because she needs to have a chat with them? These things aren't mutually exclusive, she's obviously free to pay her rent now if she so desires, the estate agent colleagues would have obviously been willing to take a simple payment. Everyone in this thread is not stupid, we are all obviously aware that this chat is not just "I'd like to pay the rent please".

As others have said in this thread, it looks far better if they pay your rent first then have a chat... but they obviously don't intend on doing that as they already would have. What she's doing is giving me blackmail vibes - e.g. "will you cancel proceedings if I pay the rent?".

EDIT: finally we get to the bottom of it (though I think every one had worked this out already).

Standingstrong said:

That’s correct she wants it in writing that when she pays the Arrears all the s8 gets stopped as it’s fair. 

The LL gets what they’re owed and the T don’t get no action against them as she would’ve paid it tomorrow. 

MattMattMattUK

Standingstrong said:

MattMattMattUK said:

Standingstrong said:

macman said:

Seems fairly clear that what the OP's friend wants to do first is offer to pay the arrears on the basis that the G10 and 11 is not proceeded with. In which case she needs to extract that in writing before she pays up.
That might not be very ethical, but from her own point of view it's probably the best course of action.
Whether it simply stiffens the LL's resolve to end the tenancy anyway is not something anyone can know.

That’s correct she wants it in writing that when she pays the Arrears all the s8 gets stopped as it’s fair. 

What is "fair" is subjective, the landlord will have been paid late and will likely have faced costs and/or inconvenience, he will want rid of his uncooperative tenant. As she now appears to want to get the landlord to waive his legal rights in return for doing what she should have already done she will have burnt whatever remaining bridges there were.

Standingstrong said:

The LL gets what they’re owed and the T don’t get no action against them as she would’ve paid it tomorrow. 

The landlord gets the rent two months late. The tenant seems to miss that, they also show that they have no regard for their contract as they could have already paid, but have not.

Standingstrong said:

And there’s obviously no point of the LL going to court over g11,17 as she would’ve paid the arrears and paid the rent normal then 

There is a point to go on the other terms, to get rid of a difficult tenant, which is likely what they will do.

How is my friend a difficult tenant for a banking issue which held her funds up. 

You said her account was frozen more than two months ago, in that interim period she could have opened a new account and had her income paid into that account, allowing her to pay her bills, she did not, therefore she did not do her best to alleviate the problem. Secondly you have said that she had the ability to pay since at least Saturday now, possibly before, but she has still not paid, you have also said that she is trying to get the landlord to waive his legal rights before she pays, that is not good or decent behaviour.

Standingstrong said:
The LL has been very understandable in this situation and he’s been kept in the loop to when he’ll be paid. 

I suspect that the landlord has tolerated the situation as they initially had little choice, but your friend has not shown any good will in this situation, especially as even though they now have access to the original bank account they have still not paid their overdue rent.

Standingstrong said:

The letting agents done the s8 not the landlord as it’s fully mananged by them

The thing is they did not just do S8, they have used every immediate tool at their disposal, that shows that they/the landlord wants rid of her, which is unsurprising. 

Standingstrong

Exodi said:

Standingstrong said:

Right the rent was not paid  because HER BANK ACCOUNT . Got shut for fraud and all her Funds got taken hence why she couldn’t pay the rent. The landlord and estate agent knew about this. 

The estate agents colleague emailed her today and said wait for the girl who’s dealing with this to come in tomorrow so that they can talk and sort this out. 

Does that now sound a bit better? 

All of your replies after this basically say the same thing so I'll respond to this.

We understand your friend got her account closed due to fraud. Presumably, by the simple fact she is able to pay the rent now, her account was re-opened at some point in time? Was it, by some miracle of a coincidence, the same day that she received the section 8 that her account was unfrozen, or was it earlier?

There also seems to be a disconnect between what people keep saying in this thread, and what you are responding with. People are asking why she hasn't paid her rent and you keep saying because she needs to have a chat with them? These things aren't mutually exclusive, she's obviously free to pay her rent now if she so desires, the estate agent colleagues would have obviously been willing to take a simple payment. Everyone in this thread is not stupid, we are all obviously aware that this chat is not just "I'd like to pay the rent please".

As others have said in this thread, it looks far better if they pay your rent first then have a chat... but they obviously don't intend on doing that as they already would have. What she's doing is giving me blackmail vibes - e.g. "will you cancel proceedings if I pay the rent?".

EDIT: finally we get to the bottom of it (though I think every one had worked this out already).

Standingstrong said:

That’s correct she wants it in writing that when she pays the Arrears all the s8 gets stopped as it’s fair. 

The LL gets what they’re owed and the T don’t get no action against them as she would’ve paid it tomorrow. 

She is not blackmailing anyone here mate. 

She is so upset , she wants to put this right but the man on the phone today said I can’t take any payments as the woman who deals with rent arrears and s8 is not in (HENCE ANNUAL LEAVE ) 

and that she should call tomorrow. 

Her account got unblocked Friday 

JReacher1

Standingstrong said:

JReacher1 said:

I still don’t really understand why the rent has not be paid 🤷‍♂️

Rent ain’t been paid yet because the girl has not been in the office to chat to my friend which will be tomorrow. 

She rang the office and emailed and a collage of hers said to her wait until tomorrow as the lady wants to speak to her regarding all of this and to pay the arrears off. 

Your friend owes two months rent. She needs to pay the rent. 

There is no need for your friend to speak to anyone at the letting agency before paying the rent arrears. 

I would be amazed if the landlord stops any eviction proceedings as your friend does not sound like someone anyone sane would want to rent a property too!