Advice needed please

[bub1]

Hi,

 

I am hoping you will be able to help me with regards to my friend.

 

She got behind with her rent, and agreed with the landlord to pay normal rent plus amount off arrears which she has been doing without fail.

 

On checking with the bank she finds that the rent did not go out on the specified but instead the bank paid to lots of rent and arrears on the next due date.

 

Please my friend is sick with worry that because her rent did not go out and went out late that she will be evicted.

 

She has a private landlord. No eviction proceedings were in place when agreement to pay arrears was made.

 

Can she get evicted even though now her rent etc., is up to date.

 

I cant help her on this one as I am not sure.

 

Needless to say she has now changed her bank!

 

Thank you for your help.

 

Bub1

[Guest wino]

I really feel that your friend is worrying about something that hasn't happened yet.

 

Has the Landlord sent a letter giving notice of eviction?

 

I think as the rent is now up to date as long as your friend continues to make payments on time they will be ok. No Landlord wants to have an empty house they are not making money on.

[bub1]

Hi, no he hasnt sent any notice or anything or been in touch.

 

If he did would he still be able to evict her even though everything is being paid?

 

In the beginning when the arrears came to light there was no eviction notice at all.

 

Bub1

[Guest wino]

If he did decide to end the tenancy agreement he would have to give notice. When we use to rent a house we our agreements stated we would give the tennants 3 months notice if we were going to terminate the agreement.

 

When is her lease up for renewal?

[bub1]

Hi,

Her tenancy has run from 2006, and just carries on every year. It started on the 27th Jan 06. If that helps.

There has been no eviction notice and payments have been made, so it was just this little hic-cup.

It was all agreed with landlord.

 

bub1

[Aviva]

To evict on the grounds of rent arrears a Section 8 notice would have to be served and this can only be done if the tenant owes at least 2 months rent. If the landlord wants to evict they would have to obtain permission from the court. So to answer your question the landlord cannot illegally evict your friend if there are no rent arrears and he has not obtained the necessary permission when there were rent arrears.

 

As it is a periodic tenancy the landlord could serve notice for your friend to leave without relying on rent arrears some do this if they are fed up with a tenant either paying late/getting into arrears or if they feel someone is complaining a lot, etc. However, since your friend says this is a blip in her usually good tenancy and arranged to pay back what she owed and stuck to this I feel it's unlikely that her landlord will take this kind of action.

[bub1]

She is still paying the arrears with her normal rent every month.

 

It is just this time that payment has been delayed, other than that it has been paid on time (well come out of her account when due) since the agreement with the landlord was made.

 

Whe she took the house in 06 she paid a year up front and then regulare until personal circumstances happened.

 

But since agreement has been in place this is the only hitch.

 

Can he still evict?

 

I just want to put her mind at rest.

 

Bub1

[bub1]

Just spoken to my friend and she says arrears are more than 2 months but landlord did say when they were trying to sort payment, that he would not evict because of a few missing payments and that as long as rent is paid every month and something off the arrears then there shouldnt be a problem. (She has this in writing)

 

As stated before this is the only hitch since agreement.

 

Does that mean she can rest easy or still panic?

 

Bub1

[bub1]

Bumping up

[Guest wino]

bub1 I think the Landlord sounds like a very reasonable man. He has talked to your friend and agreed a payment arrangement. I really think your friend is worrying unnecesserily.

 

The only way I think she will be satisfied is if she contacts the Landlord and asks him directly.

 

As I see it she has been a tennant there for3 years (I'm presuming she is a good tennant) and as long as she keeps up with future payments there shouldn't be any problems.

[bub1]

Thank you.

 

She is worried about contacting him about it. She does suffer from depression to so that doesnt help.

Yes, she is a good tenant and never bothers the Landlord at all. Even though the house has some damp issues.

 

She is worried that because of arrears he may ask her to leave if it is mentioned.

 

She changed her bank now so payments will be made on time with no hitches. (Hopefully).

 

Thankyou I will tell her to stop worrying unnesserilly.

 

Bub1

[bub1]

Just another quick question, if he did decide to evict her what is the course of action?

Notice period etc., would the court accept and let her still live there as she is paying off arrears?

 

Thank you for all of your help.

 

Bub1

[bub1]

bumping up please

[Kentish Lass]

Just another quick question, if he did decide to evict her what is the course of action?

Notice period etc., would the court accept and let her still live there as she is paying off arrears?

 

Thank you for all of your help.

 

Bub1

 

The landlord cannot issue a s.8 notice unless there are two months rent outstanding - and this must still be the situation at the time of the court hearing or the action will fail. This sounds unlikely to happen. The landlord could issue a s.21 notice giving two months notice for possession (such notice to end on the last day of a rental period), but he still has to get a court order to actually evict.

 

I too think your friend is worrying about something which probably will not happen.