Tenancy with one month remaining, threatened with eviction

[meagain]

As I've mentioned in other threads, I have one full month left on my tenancy before it expires (the house is already let out to other tenants for a year commencing July). I am currently in arrears with my rent by one month, with money due to come in from various sources. This is an assured shorthold.

 

I have made my best offer, which is essentially "You will get the money, but I can't say when. Could be next week, could be next month. All I can say is that you won't still be waiting for it in August." She doesn't want to play ball.

 

What I need to know is whether my interpretation of my options is correct, based on a start date of Monday 5th June:

 

1. I repeat the offer until she's sick to the teeth of hearing it, and she accepts - I move out by 30th June as previously agreed.

 

2. She rejects the offer, and serves me with 7 days' notice to quit; come 12th June I'm still in the house, and she ends up going for a court order - while she's waiting, I quietly move out by 30th.

 

3. She rejects the offer, serves with with 7 days' notice to quit, I point out to her that in line with various statutes, because contracts are reciprocal and I am required to give her 30 days' notice to quit, I'm entitled to demand 30 days' or the end of the tenancy, whichever is shorter. She concedes, and serves me notice instead to be out by the 30th - I move out by 30th.

 

Am I right in thinking that the circumstances leave her with no way to legally force me out before the 30th? Does this mean that effectively I'm holding all the aces while she's holding the baby?

 

Am I also right in thinking that a breach of contract doesn't mean that the contract goes out the window (since IIRC you can't take enforcement action against someone for a contract that they're not party to)?

 

Are there any other risks I should be aware of? I figure I can't be locked out, since we have a funky key system that would require changing all the locks to render one key useless.

[barracad]

Am I right in thinking that the circumstances leave her with no way to legally force me out before the 30th?

 

Correct. Your landlord would have to give you 30 days notice. Even if they did, you could simply refuse to move out and then your landlord would have to get a court order to evict you.

 

Even after this stage, you could still in effect refuse to move out and your landlord would then need to go back to the court to get a warrant to enter the property and evict you (usually with bailiffs present).

 

In the meantime, your landlord would be breaking the law if they entered your property and moved your possessions, neither could they change the locks unless they gave you a copy of the key.

[nld]

The landlord has to give you 28 days notice to quit.

Then another 28 days notice to vacant possesion under sec 21 Housing Act 1988. This has to be served in a specific format containing specified information.

Both of these can be served at the same time so can technically expire on the same day.

Then the LL has to apply to court for vacant possesion can take up to 3/4 weeks can be fast tracked but still unlikely to take less than 14 days. This will specify the date you have to be out.

If you haven't gone by then they have to get an eviction order from court which is only enforceable by baliff's who are the only people who can legally physically take you from the property.

The landlord cannot change locks or take your stuff even after tenancy expires The Baliffs have to do it.

I would be interested to know if you paid rent in advance and/or bond money?

[meagain]

I would be interested to know if you paid rent in advance and/or bond money?

 

I'm in arrears, hence the threat of eviction. There is a bond on the room at exactly one month's rent - I had previously offered to sell my deposit to the landlord for a month's rent, and additionally settling any deductions that would have been made at a later date as a goodwill gesture.

[nld]

I can understand you have rent arrears thats why you are being evicted and I understand you have paid a deposit/bond.

 

A lot of our clients as well as paying a deposit bond they have to pay so many weeks rent in advance.

 

If you had to pay say, 4 weeks in advance and you are only 3 weeks in arrears then you have no rent arrears and therefore no grounds for eviction.

Obviously you're going to loose your deposit/bond when you leave because of the rent arrears.(sorry if that seems patronosing)

 

If you are less than 8 weeks in arrears there are no mandatory grounds for the landlord getting accelerated possesion

Hope it some help and makes sense

nld

[meagain]

OK, I see what you mean about "in advance". The contract simply states that the rent is to be paid "in advance of the period" - i.e the rent for a month is due by the 1st of that month - and that rent will be considered in arrears if it is more than 2 weeks late, which I suppose means that it's not technically in arrears until next week. Am I also right in thinking that if I register a complaint about the situation with my landlord if anything is served, that she cannot take any action on the rent due to the arrears being in dispute?

[nld]

OK, I see what you mean about "in advance". The contract simply states that the rent is to be paid "in advance of the period" - i.e the rent for a month is due by the 1st of that month - and that rent will be considered in arrears if it is more than 2 weeks late, which I suppose means that it's not technically in arrears until next week. Am I also right in thinking that if I register a complaint about the situation with my landlord if anything is served, that she cannot take any action on the rent due to the arrears being in dispute?

 

 

It doesn't mean she can't start an action but she will have to prove on the court date your arrears. If you pay monthly up front. You will be in arrears but for a mandatory order to get you out she will have to show 2 months arrears and for discretionary it will be 2 weeks. The end of the month will come first.

Does your deposit cover your arrears?

[meagain]

Does your deposit cover your arrears?

The deposit is one month's rent. I have paid no rent for May and have no money to cover June either, so it covers 50% of the total. At the moment, I'm more worried about whether or not she might turn to other, less legitimate methods. The last thing I want is to head out for an appointment somewhere and return to find the room empty and half my stuff sat in the front yard, with some of it having been stolen. The next-to-last thing I want is to have to shell out for an injunction (I'm told they're not cheap).

[Rich44]

You could possibly call the police in advance explain the situation to them and ask them to log the fact that you are worried it may happen on their system then if it does happen you have a little bit more proof of your version of events.

 

Have used this method for things in the past esp when threatened with violence and stuff, you go make a statement and if you then get a beating (for example) you go back and say it did happen and they tend to take these things a little more seriously, well it worked that way in the past anyway

[nld]

If that is your concern look up your local 'Shelter' branch they will probably have a clinic near you where they give free advice and may take on your case if you suffer problems. They may even sue the landlord with you if they act illegally.

As last post stated if anything happens without a court order or baliff's you can involve the police and there are criminal offence landlords can be prosecuted for. AND the landlord will have to let you back into the property until the courts say differently.