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View Full Version : Landlord threatening eviction, what rights do I have?



dekaspace
19-01-2009, 19:51 PM
I lost my job at the End of August and have had no end of Housing Benefit problems, last rent I paid him was 15th September and it was ok till Mid October when he came round and was understandibly angry and said I hadnt done much to sort out the HB problem and he was annoyed as he thought I was being lazy and I was making no effort to pay off my debt, after a bit of haggling I offered him £60 a fortnight(which took up most of my income) and he was happy and then asked if I could afford this much.

I paid him 3 times last being around start of December then over Christmas got a letter stating my claim had been sorted and they were backdating payment so in my account right now is the money.

But as I currently am on a training course so hardly ever at home and often get home arouind 8-9pm so its not convienient to meet up as he lives 30 miles away and works long hours (as a housing lawyer) I did phone him and tell him the day I realised I had been paid by council and ironically even though I put on the application form I wanted payment direct to him.

Anyway this was 3 weeks ago whilst I was at my parents over New Year and only got back last week and he phoned and I agreed to pay a bank transfer last Wednesday.

Today he has rang me a few times and I didnt know why and got a text this evening saying the rent hasnt been recieved and unless he has it by tommorow he will issue legal proceedings against me including extra for his time and effort and chuck me on the streets.

Now this isnt right is is? I mean he cant just chuck me on the streets can he? I thought he needed a court form that gives a notice period or is that negated by the rent owed?

mind the gap
19-01-2009, 20:19 PM
I lost my job at the End of August and have had no end of Housing Benefit problems, last rent I paid him was 15th September and it was ok till Mid October when he came round and was understandibly angry and said I hadnt done much to sort out the HB problem and he was annoyed as he thought I was being lazy and I was making no effort to pay off my debt, after a bit of haggling I offered him £60 a fortnight(which took up most of my income) and he was happy and then asked if I could afford this much.

I paid him 3 times last being around start of December then over Christmas got a letter stating my claim had been sorted and they were backdating payment so in my account right now is the money.

But as I currently am on a training course so hardly ever at home and often get home arouind 8-9pm so its not convienient to meet up as he lives 30 miles away and works long hours (as a housing lawyer) I did phone him and tell him the day I realised I had been paid by council and ironically even though I put on the application form I wanted payment direct to him.

Anyway this was 3 weeks ago whilst I was at my parents over New Year and only got back last week and he phoned and I agreed to pay a bank transfer last Wednesday.

Today he has rang me a few times and I didnt know why and got a text this evening saying the rent hasnt been recieved and unless he has it by tommorow he will issue legal proceedings against me including extra for his time and effort and chuck me on the streets.

Now this isnt right is is? I mean he cant just chuck me on the streets can he? I thought he needed a court form that gives a notice period or is that negated by the rent owed?

This sounds very stressful, but don't worry, he cannot throw you out on the streets just like that. Assuming you have an Assured Shorthold Tenancy, it takes weeks or months to evict someone; if he tried to get you out tomorrow, he would be guilty of illegal eviction which is a criminal offence . If he is a housing lawyer, he will know that. He is just trying to frighten you.

Even if he did issue you with a section 8 notice (notice seeking possession), it would be up to a judge whether or not he is allowed evict you. If you do not owe him two months' rent at the date of the hearing, a possession order (giving him his house back) would be discretionary, not mandatory in any case. Presumably he would claim on ground 10 (frequent late payments) or ground 11 (some rent owing - if that is the case). If you have brought the rent up to date - I expect the money you have transferred will arrive in his account today or tomorrow, it takes up to 4 working days - he will not have a strong case for getting you out, unless there is something else he can pin on you (e.g. antisocial behaviour, damaging the property etc. There isn't, is there?).

If you try to see it from his perspective, he's probably feeling frustrated at having to chase these payments. He probably has a mortgage to pay on the property, too.

It might be an idea to set up a standing order or a reminder on your internet banking account so you don't miss another payment. Write to him explaining that you have done so.

I imagine he will serve a section 21 so that you have to leave at the end of your AST fixed term, though. You cannot contest that (unless it's incorrectly served or he hasn't protected your deposit).

Good luck - I hope it resolves itself without further bad feeling. Get onto your bank tomorrow if the money doesn't appear.

PaulF
19-01-2009, 20:23 PM
Even if he did issue you with a section 8 notice (notice to quit), it would be up to a judge whether or not he is allowed evict you. I don't remember a S.8 Notice ever being a Notice to Quit!

Beeber
19-01-2009, 20:25 PM
In your previous posts where you have been through eviction fears, you indicated you are based in Scotland. The forum isn't strong on Scottish housing law.

dekaspace
19-01-2009, 20:28 PM
Bad news, I was out getting food shop at supermarket and whilst I was out got a text from him saying he spoke to other tenant saying im doing a uni course(no im not im doing a training course) and im commiting fraud and hes reporting me to the authorities and its likely I will get arrested.

Im worried the council will believe him and stop the money until further notice causing me more aggro.

Its a shame because its a cheap place and I just go there to sleep really or use laptop for internet.

I think hes just angry and due to the misinformation has got worse and is covering his own back.


In your previous posts where you have been through eviction fears, you indicated you are based in Scotland. The forum isn't strong on Scottish housing law.

Havent lived in Scotland for around 18 months, I currently stay in England.

mind the gap
19-01-2009, 20:35 PM
I don't remember a S.8 Notice ever being a Notice to Quit!

Notice seeking possession, sorry. However, in this case, it would effectively be 'notice to quit' from the L's point of view (whether or not he was allowed to make T quit).

mind the gap
19-01-2009, 20:39 PM
Bad news, I was out getting food shop at supermarket and whilst I was out got a text from him saying he spoke to other tenant saying im doing a uni course(no im not im doing a training course) and im commiting fraud and hes reporting me to the authorities and its likely I will get arrested.

Im worried the council will believe him and stop the money until further notice causing me more aggro.

Its a shame because its a cheap place and I just go there to sleep really or use laptop for internet.

I think hes just angry and due to the misinformation has got worse and is covering his own back.

Havent lived in Scotland for around 18 months, I currently stay in England.

Your post is not totally clear, but it sounds as if you need to be more pro-active. Ring the HB people and ask them to confirm your entitlement.

dekaspace
19-01-2009, 21:01 PM
Your post is not totally clear, but it sounds as if you need to be more pro-active. Ring the HB people and ask them to confirm your entitlement.

Already planning to do but they are closed to the morning but im worried that me phoning up will make me look guilty in the case by phoning up im admitting my "guilt"

mind the gap
19-01-2009, 21:05 PM
Already planning to do but they are closed to the morning but im worried that me phoning up will make me look guilty in the case by phoning up im admitting my "guilt"

Either you are entitled to the HB, or you aren't. They will tell you. If you have been claiming it without being entitled to it, they will find out sooner or later anyway - sooner, if your LL has anything to do with it, it seems.

Just be honest and ask for their advice.

dekaspace
19-01-2009, 21:13 PM
It was more being guilty until proven innocent i.e im worried I will have to jump through hoops to prove I am entitled and me phoning in a panic would make me look bad.

bunny
19-01-2009, 21:34 PM
This is what I would do if I were in your shoes and what I would hope my tenants would do in this situation.

Others might disagree but here goes....

If you have filled in the HB forms accurately then you have no reason to doubt the validity of what you are claiming.

The landlord is doubting it because he has received "other information".

It is not in the LL's interest to inform the HB office that you are receiving HB that you are not entitled to because if he is wrong then your rent could still be stopped whilst an investigation is carried out and he won't get his rent. Also, if it is being received by you to then pass on, then the landlord won't be affected by the clawback regulations (or so I understand it).

Therefore, I would either pick up the phone to the landlord and explain that he has been misinformed or put it in writing, promptly!

One thing I dislike as a landlord is tenants who stick their head in the sand and don't communicate. If you explain what is happening, keep him informed, agree timescales for paying your rent and stick to it then he more likely to be tolerant, you have more likelihood of being able to stay and not have notice served on you and the relationship with you and your landlord will improve. Only you know whether your HB is a genuine claim from the info you have submitted.

You may perceive your LLs messages as being agressive but he just wants his rent. If the words you quote are the words he has used it is not my approach but if he is a housing lawyer he will know what he can and can't do and it has been explained to you that he can't just turf you out.

I can only speak from own experience but I am tougher on tenants who don't answer their phone and don't tell me what is going on as then I fear the worst and take appropriate action.

In short, a full and frank discussion should sort this out if you stick to your end of the bargain.

dekaspace
19-01-2009, 21:42 PM
Ok sent a text to landlord and never mentioned about the last one where he was contacting HB and replied to the one where he said he hadnt got payment yet and said id ring bank in morning and got a instant reply saying "ok contact me by 12 tommorow with the outcome" so hope thats good news.