Missed rent - court threatened

[Cpt Black]

Hi all, I've just had a conversation with my landlord, and I explained that I am unable to pay rent this month but will make it up to date by the next due date in one month.

He said he's going to take court action (unsure whether to evict or to get the money). I physcially don't have it and will pay as soon as I do - I'm a student as so will work over Easter and be able to make it up. There is a clause in the contract about interest (10%pa on late payments) surely this is to a) discourage, and b) to make up for lost time when the money could have been used by the landlord.

My question is, what are my time frames in this - how long before he can issue a summons/eviction. If I do pay the money on the next date (and in all reasonableness should be able to) can he still do anything to me other than charge interest? How much breathing space (if any) am I allowed by law, and what sort of things would a judge do (if it got that far)

For the record, I completley acknowledge that I owe the money, and will pay interest on the late days.

Cheers
CB

[Cpt Black]

Just realised it may be important to note that the agreement says "Assured Shorthold Tenancy" on the front and the Landlord lives in the same property (his parents own the house but he is named on the agreement as the landlord) I have exclusive rights to the bedroom and all other things are shared.

Cheers
CB

[Joa]

If the landlord lives in a property then you are probably a licencee not a tenant. If you are a licensee, then you just have permission to occupy your accommodation. If you are a tenant you have an exclusive legal right to live where you are for a length of time and until your landlord obtains an order for possession requiring you to leave your accommodation. As a licensee you will not enjoy the same kind of protection as tenants .
For further info on your rights please check :Shelter: Eviction of excluded occupiers
and
Shelter: Eviction for rent arrears
As you are a student, you need to go to your advice service (probably in Student Union) and ask for help with hardship fund called Access to Learning Fund. The adviser would assess you and help to prepare your application.
Crucial point would be to say that you are in serious danger of eviction and this would interfere with your academic progress and may even cause you to abandon your studies. Use these phrases- they are triggers.

[blacksheep1979]

yup if you live with your landlord it is alot easier for him to boot you out. However if he's just after the money point out to him that by the time the claim is taken to court he will have the money anyway - and the judge may not award costs if it seems the landlord has been unreasonable.

[Cpt Black]

Cheers for that, I've looked through the shelter website, but still have a couple of questions, as we have a written agreement with these two clauses:

2.4 Ending the Tenancy
2.4.1 If the Tenant intends to vacate as the end of the fixed term, or at any later date, then the Landlord must be given at least one month’s notice in writing.
2.4.2 While the tenancy is periodic, Notice must be given and must expire the day before a Rent Due Date.

2.5 Landlord’s Break Clause
The Landlord may bring the tenancy to an end at any time before the expiry of the fixed term (but not within six months of the commencement date) by giving to the Tenant at least two months’ written Notice stating that the Landlord requires possession of the property. A notice under section 21 of the Housing Act 1988 will suffice to implement this sub-clause.

Then, a) do I have to give written notice that I'm leaving or is it a pointless clause. I can forsee him withholding my deposit anyway - will this be an argument of his for witholding it? b) with clause 2.5, does he have to give 2 months notice to evict me?

Cheers
CB

[Joa]

CB; your tenancy agreement is not relevant. Your position is described by the situation, i.e. excluded occupier, NOT by the tenancy agreement. The l/lord doesn't seem to realise that and he may think that you are an assured shorthold tenant. You are not and AST does not regulate your and l/lord's actions.
Licenecees/excluded occupiers have to give a "reasonable" notice. Go back to shelter website and read about reasonable notice.
With regards to deposit; the rules are the same for all occupiers, as they are created by common law rather then housing status. Your deposit rights are described in a sticky about deposit deductions.