Section 8 given

[Craftygirl65]

Can someone please give me some advice, my brother came to see me today and told me his landlord had given him a section 8 eviction . He is a private tenant, looks after the property. He pays his rent but it has been about 5 days late 4 times out of the last 6 months. I was wondering is there anything he can do to stop this eviction happening, he suffers from depression and panic attacks. He is a good lad and doesn't mean any harm . When he asked his landlord what would happen to him if he has not found anywhere to live by the time comes to be moving out. The landlord said section 8 is a legal document so he has to be out. Can some one help please.

[f16]

Craftygirl65

 

I suspect this question will get better advice in the residential lettings forum

 

Site Team will "move you"

 

Is it a section 28 notice ? Or a section 8 ?

[f16]

A couple of other questions that may assist the advice :

 

When was the tenancy agreement started ?

What sort of tenancy agreement is it ?

Did your brother pay a deposit ?

Is the deposit protected ?

[honeybee13]

Thread moved to residential lettings.

 

HB

[Steve__M]

The Section 8 notice should state the grounds under which possession is being sought. This is a list of grounds from the law:

 

http://www.legislation.gov.uk/ukpga/1988/50/schedule/2

 

and a summary of the list (I found with an internet search):

 

https://www.makeurmove.co.uk/page/Guidance-Notes-Section-8

 

Have you seen the notice? Are you saying that it is for late rent payments (Ground 11), or are you speculating? Are there any other grounds being used.

 

Your brother does not have to leave, but LL may seek possession in the courts.

 

For late payment of rent, the judge does not have to evict. It may be that if your brother were to keep up to date with the rent and/or set up a standing order so it is not late, that the judge may decide not to evice. Iamnotalawyer though.

[Craftygirl65]

F16

The tenancy started July last year, it was a shorthold assured tenancy (I think ) a deposit was paid and he received a letter from DPS . And it is a section 8

Edited January 13, 2015 by Craftygirl65

[Craftygirl65]

Hi Steve m,

I have seen the notice it is for late rent only no other grounds given.

[Steve__M]

Shelter advise negotiating with the landlord.

 

http://england.shelter.org.uk/get_advice/eviction/rent_arrears/eviction_for_rent_arrears

 

Would your brother be able to set up a standing order to ensure future rent was on time? It would seem that if landlord were persuaded not to take immediate action to evict, he would have one year from the date of the notice to change his mind.

 

Either way, he does not have to leave unless landlord takes court action.

 

Shelter make another point which is that failure to keep up with rent payments makes finding future accommodation harder.

[Craftygirl65]

Hi Steve, thanks for that I forgot to say my brother suffers from bipolar depression, I do not know if that would help his case. Yes he would be able to set up a standing order .

[mariner51]

s8 g 10 & 11 repo is at discretion of Court, s8 g8 (2 months rent owed at time of hearing) is mandatory repo.

Your brother's mental health will have little bearing on Court's decision.

Is brother in receipt of housing benefit? If so he could request HB is paid direct to LL, but since HB is paid in arrears at end of qualifying period, and not in advance, like rent, I would he should save enough in bank to service the SO & ensure rent is fully covered ie 3 working days before rent due date

[SabreSheep]

Due to his mental health condition they might suspend the order for 42 days max