rent arrears and eviction

[veejay]

foolishly i havent paid rent in 5 months. How can a landlord evict me? is she required by law to give me any notice before i am evicted? i do intend to pay the full sum next month but i am not sure she'll wait for that

[blacksheep1979]

if you are more than 7 weeks in arrears the landlord can apply to the courts for an eviction order.

Do you have a current contract? Is it for a fixed term. If you have no contract the landlord can just give you notice anyway and tbh having not paid rent for 5 months I wouldn't be surprised if that was fairly high up their list of options.

[goforit]

Where do you live England, Scotland, Wales it makes a big difference

[mimi_tem]

Hi

I am in council housing and have been served (again) with Notice of Possession, i am about 800 quid in arrears cant afford to pay all my rent and not entitled to help!! even though only work part time!!??

Having been through this before i paid off what i could, they have to give 4 weeks notice before they can start court action, give her a plan of action, pay what you can off and if you can pay off by a certain date tell her this in WRITING. Even if it goes to court you can still negotiate,as long as you are seen to be paying off the debt and keeping up with rent now. Councils i expect are slightly different as they have to be careful legally but i suppose private landlords will try anything.

[MrShed]

Originally Posted by blacksheep1979

if you are more than 7 weeks in arrears the landlord can apply to the courts for an eviction order.

Do you have a current contract? Is it for a fixed term. If you have no contract the landlord can just give you notice anyway and tbh having not paid rent for 5 months I wouldn't be surprised if that was fairly high up their list of options.

The method of eviction you are thinking about is 8 weeks, not 7. And just as point of note, you can also apply for eviction for continued late payment of rent, even if the actual arrears is less than 8 weeks. However, 8 weeks arrears is a mandatory ground(ie the court must grant possession). The other ground is discretionary, and a hearing would occur to decide whether to grant possession.

[S. James]

Shocking....particulalry such comments which make reference to '7 weeks' and the suggestion that a landlord can just give notice in the absence of a contract/ tenancy.

There is a specific process to follow for landlords starting with service of the correct notice. A landlord choosing to evict (subject to very limted exceptions) without following the proper process risks unlawfully evicting a tenant.

[ATI]

Eviction is a very complicated matter

if you are 8 weeks in arrears . you can be served with a summon , a hearing which take between 3 to 5 months. Up to the date of the hearing, if you are below 8 weeks arrears even by £5 you may not be evicted still. so please be careful and always seek legal advice first. even if the eviction take place it can always be reversed stopped or delayed. however it could all turn against you if ur not prepared.
take it from me we have been told to leave the house we live since april and we are still confused whether we are leaving or staying. one day the court tells us to be prepare to leave and another day the Landlord lanched a application to stop eviction and another day i get a call from bank telling us to definitely seek alternative accomodation. alll this happened after the court authorised the repossession and the eviction date was set and then the LL tried to evict us before the bailiff came hoping to get his house back in order to make a deal with the bank etc...... too complicated if one follows the law to the point.