Urgent tenant help Eviction

Go2Matt

Hi

I'm so angry right now... I'm working overseas and I've just had a message from my 28 year old son to say he's getting kicked out in a few days.
He's been suffering from depression and is being medicated this has led him to be a little scatty, Not all there and unmotivated. So hes also been let go from his Bar job..(that lasted all of a month)

He's on a 6 month AST that has lapsed (4 months passed) He's been served a S21 and has been threatened with the locks being changed if he doesn't pay up for the last few months ( I think thats a bit naughty but he's buried his head in the sand and ignored all letters an phone calls and emails so the LL could claim he thinks the flat is empty)

CA have advised that they can't evict without a court order but that may bring in even more issues.

He's going to be on the street in a few days and I'm going to assume the LL will sell all his furnishings etc to go towards the payment of his rent arrears.

I called the LL's agents and they want him out by the 4th.

Any thoughts.

I'm expecting some flak from LL's and I agree. He should pay up and not leave anyone out of pocket but priority right now is a roof over his head. We'll get the LL squared up at some point.

So can they just turn up in a few days with a locksmith and kick him out

saajan_12

Go2Matt said:

Hi

I'm so angry right now... I'm working overseas and I've just had a message from my 28 year old son to say he's getting kicked out in a few days.
He's been suffering from depression and is being medicated this has led him to be a little scatty, Not all there and unmotivated. So hes also been let go from his Bar job..(that lasted all of a month)

He's on a 6 month AST that has lapsed (4 months passed) He's been served a S21 and has been threatened with the locks being changed if he doesn't pay up for the last few months - how many months rent arrears? The day after the 2nd missed payment, the LL could have served a mandatory S8 notice, and then gone to court once it expired.. could he have missed those? The S21 might just have been belt and braces?
( I think thats a bit naughty but he's buried his head in the sand and ignored all letters an phone calls and emails so the LL could claim he thinks the flat is empty) - Doubt the LL could rely on that, but irrelevant as its easily resolved by writing a quick note to the LL to say he's in occupation and trying to find another rental but in the meantime will need to remain until court process. 

CA have advised that they can't evict without a court order but that may bring in even more issues. - what issues? 

He's going to be on the street in a few days and I'm going to assume the LL will sell all his furnishings etc to go towards the payment of his rent arrears. - First double check there's no possession order in place which he missed.
If not, then in the unllikely event they do try to illegally evict, it might help to have changed the locks, keep the tenancy agreement handy, pop a note on the door to say still in occupation.. worst case, he can break back in and report theft of any possessions.  

I called the LL's agents and they want him out by the 4th.

Any thoughts.

I'm expecting some flak from LL's and I agree. He should pay up and not leave anyone out of pocket but priority right now is a roof over his head. We'll get the LL squared up at some point. - well tbh why don't you square up now if you can? 

So can they just turn up in a few days with a locksmith and kick him out - no, assuming there's no S8 notice / possession order already that son missed. 

Comments in line.. the main thing is double check there's no Section 8 notice / possession order already.. would be tight in 4 months, but possible. The S21 may have just been for belt & braces. 

If not, then he cannot be legally evicted until there is a possession order from the court. However that will come through eventually with this level of arrears or if the LL acts on the S21. So son needs to either repair the relationship, starting with paying down the arrears asap, or find somewhere else to live. 

Hedgepigs

No, CA are correct and to change the locks without a court order would be illegal eviction. Only a court or the tenant can end a tenancy. 

That doesn't mean the landlord won't try, but if they are using a lettings agent, they at least should be strongly advising the landlord that doing so would be illegal and to follow the proper process. 

Go2Matt

Thanks. I'll draft an email to the Agent.

I assume they should have notified of a S8, They have only mentioned a S21

propertyrental

Go2Matt said:

Thanks. I'll draft an email to the Agent.

I assume they should have notified of a S8, They have only mentioned a S21

Have they just mentioned a S21, or actually served one?

If he is 'a bit scatty'.is it possible he des not really know what paperwork has come through his door? S8 Notice? S21 Notice? Court papers? Court order for eviction?

Is there someone in the UK who can help him sort through his back post?

macman

When was the S21 served? That is just a notice, it doesn't end his tenancy or require him to leave.
An AST doesn't lapse, it just continues as a periodic tenancy, so he must be given a minimum 2 months notice from the date of the AST.
The deposit will/should have been protected in one of the schemes, and they will decide what damages can be deducted, if any-not the LL.
They cannot force entry, change locks or do any other actions without a court order, which would be months away. The agents know this, they are just hoping you/he do not. 
Realistically though, the LL will seek to end the tenancy sooner or later, so he needs to make other plans in the next few months, and pay the arrears, unless he wants a CCJ, which will make it very difficult to obtain another rental.
Is he in a position to pay the arrears?

Emily_Joy

Depression is a serious matter but it is not landlord's job to provide pastoral care for a 28 years old tenant. Is there anyone in the UK who can help?

Go2Matt

propertyrental said:

Go2Matt said:

Thanks. I'll draft an email to the Agent.

I assume they should have notified of a S8, They have only mentioned a S21

Have they just mentioned a S21, or actually served one?

If he is 'a bit scatty'.is it possible he des not really know what paperwork has come through his door? S8 Notice? S21 Notice? Court papers? Court order for eviction?

Is there someone in the UK who can help him sort through his back post?

They posted the S21 and followed up by Email. I've asked him to forward me everything. At this point I cant see it being salvagable but I'd like to buy him some time. Now I know about this I can help but the current timescale is too tight. I couldn't even arrange removals at this point...

Go2Matt

The S21 was served 2 months ago. Which is probably why we have a random date of the 4th march. And I beleive he owes 4 months rent

Emily_Joy

Go2Matt said:

The S21 was served 2 months ago. Which is probably why we have a random date of the 4th march. And I believe he owes 4 months rent

When did the tenancy start? S21 cannot be served within the first 4 months of the tenancy. If he owes 4 months rent, does this mean that he has never paid the rent at all?

Grizebeck

They can not do what they are saying 
Your son must advise the agent /landlord that they will he committing a criminal act and will report this immediately to the police

If your son needs any direct help please give me your appropiate location in the UK and i will deal with the agent on your sons behalf (something i specilise in)

Your son will NOT be going any where for some time.