My Landlord is seeking Possession!

[mikeydenny]

... well my girlfriend's landord has said he will issue my girlfriend with notice, 2 months into a 12 month agreement on the basis that the second month's rent is currently 1 week late, and will not be paid for another week.
Is he able to do this? I know a landlord is not supposed to be able to do this in the first 6 months, but does a late payment provide grounds for him to do this?

[demon_x_slash]

No, her agreement is for 12 months. If the landlord wanted to evict her, the two months notice would have to be served in the tenth month of her tenancy, to expire on the twelfth. She cannot be evicted without a Possession Notice, which the landlord has to go to court to obtain, and this process can be very lengthy. Any attempt to evict her by any other means is illegal, and can be reported to the Police and her local Council Housing Office (even though it is a private tenancy).

[Pacm0n]

If the agreement has a valid break clause the landlord can serve notice if he wanted to.

[mikeydenny]

Thanks for you replies!

Unfortunately i have some new questions!

My girlfriend received a letter from her letting agency last night. They pointed to clause 8 in her contract and said she is in breach of this. this claus especifies that she shall not sublet, etc, and that she will not be living there. They have said that there was a man living there (Me) and that this is in breach. Obviously i have stayed round there alot, but i am certainly not living there! Do you know how they can prove this? and is it unlawful or wrong for them to threaten serving notice based on clause 8 if she does not pay by wednesday?!

[demon_x_slash]

Subletting involves taking rent from someone. They're clutching at straws here, because they have to prove it before they can say she's breaking it. She has the right to quiet enjoyment of the property, and that includes having guests to stay overnight or for a short time; it is nothing to do with the agents or the landlord who you have in your house. I would advise that she write a letter to them stating that she has never sublet the property and invite them to provide proof of this allegation. Remind them of the right to quiet enjoyment that allows her to treat the property as her own as long as the conditions are not broken, and that having guests to stay overnight on occasion is part of that right of quiet enjoyment. Again, they cannot evict her full stop without a court order. I would advise her local Council's Housing Officer of the situation, and also contact Shelter for a second opinion.

[mikeydenny]

Thanks, they have replied with: under Section 8 of the housing act 2004 we can seek eviction under grounds 10 of the Schedule 2 to the Housing Act 1988.... is this correct?!

[demon_x_slash]

They would still need a court order to do this ("we can seek eviction"), and they would have to prove that your girlfriend had been subletting to you.

[Aequitas]

There is a mandatory ground for possession and that is that at the date proceedings are begun and at the date of the hearing at least two months' rent is in arrear.

There are two discretionary grounds. One is that some rent is outstanding at the date proceedings are begun and at the date of the hearing. The other is that the tenant is persistently late in paying rent.

Your girlfriend has not been there long enough to be persistently late. She does not owe two months' rent. No court will grant possession if the rent is only a week or two late. In any event, you girlfriend can get rid of the problem by paying the rent and making sure she always pays on time.

Sharing occupation is not subletting. Some tenancies ban sharing occupation. What amounts to sharing occupation is a question of degree and, it has to be said, common sense, particularly when the tenancy is residential. No court is ever going to allow a landlord to forfeit a tenancy if person shares with his/her partner. Taking in a lodger would be different

[mikeydenny]

Thank you both so much for your help!