2 Months Behind

[adridude]

Hi Guys,

 

Thanks for reading this.

 

At the moment, I am an Assured Shorthold Tenant. The 'term' ends on the last day of this month (November).

 

As it stands, October and November rent is unpaid as I have been ill and have been on SSP.

 

At the moment, I am £1000 (2 months in arrears).

 

I have a letter warning me that the landlord wishes full payment by the end of this Month, i.e. before the end of the Term.

 

Because I have been ill, but am returning to work on Monday, I'll be able to pay £500 towards the full amount which will be expected by the end of the Term. £1500, thus still leaving me 2 months in arrears.

 

I have decided to explain to my Lanlords Agents that they will get my entire salary (£1175) until I am at least 2 month ahead in rent. The only difference is that at the end if November, I'll only be paid £500 due to the period of my illness ending mid-month.

 

I have worked out, at this rate, by the end of Januray, I will be at least one month ahead in rent.

 

What I want to ask, is if I offer this, can they evict me for not being able to pay rent even though I make such an offer?

 

And, would a judge be able serve a notice of posession if such a token is made?

 

1) Reason I ask is, if my landlord decides to evict me at the end of the term, i.e. when I'm periodical. I read that he has to give me at least 2 months written notice ending my tenancy on the last day of January. Giving me time to get up to and overpaid on my rent.

 

2) I also believe that, there cannot be a judgement on grounds of rent arrears when I am not within 2 months arrears at the time of hearing. By the time of hearing, I'll be about 2 or 3 months overpaid.

 

If you could advice as to how to approach this, it would be much appreciated.

 

Kind regards,

 

Adridude

Edited November 14, 2008 by adridude

[adridude]

Out of interest, I just found this under the Housing Act:

 

21 Recovery of possession on expiry or termination of assured shorthold tenancy

(1) Without prejudice to any right of the landlord under an assured shorthold tenancy to recover possession of the dwelling-house let on the tenancy in accordance with Chapter I above, on or after the coming to an end of an assured shorthold tenancy which was a fixed term tenancy, a court shall make an order for possession of the dwelling-house if it is satisfied—

(a) that the assured shorthold tenancy has come to an end and no further assured tenancy (whether shorthold or not) is for the time being in existence, other than a statutory periodic tenancy; and

(b) the landlord or, in the case of joint landlords, at least one of them has given to the tenant not less than two months' notice stating that he requires possession of the dwelling-house.

 

(2) A notice under paragraph (b) of subsection (1) above may be given before or on the day on which the tenancy comes to an end; and that subsection shall have effect notwithstanding that on the coming to an end of the fixed term tenancy a statutory periodic tenancy arises.

 

I dont understand the way it's worded, but from what I can work out, he has to give me at least 2 months notice, then followup with a court order of posession.

[Planner]

Hi Guys,

 

Thanks for reading this.

 

At the moment, I am an Assured Shorthold Tenant. The 'term' ends on the last day of this month (November).

 

As it stands, October and November rent is unpaid as I have been ill and have been on SSP.

 

At the moment, I am £1000 (2 months in arrears).

 

I have a letter warning me that the landlord wishes full payment by the end of this Month, i.e. before the end of the Term.

 

Because I have been ill, but am returning to work on Monday, I'll be able to pay £500 towards the full amount which will be expected by the end of the Term. £1500, thus still leaving me 2 months in arrears.

 

I have decided to explain to my Lanlords Agents that they will get my entire salary (£1175) until I am at least 2 month ahead in rent. The only difference is that at the end if November, I'll only be paid £500 due to the period of my illness ending mid-month.

 

I have worked out, at this rate, by the end of Januray, I will be at least one month ahead in rent.

 

What I want to ask, is if I offer this, can they evict me for not being able to pay rent even though I make such an offer?

 

And, would a judge be able serve a notice of posession if such a token is made?

 

1) Reason I ask is, if my landlord decides to evict me at the end of the term, i.e. when I'm periodical. I read that he has to give me at least 2 months written notice ending my tenancy on the last day of January. Giving me time to get up to and overpaid on my rent.

 

2) I also believe that, there cannot be a judgement on grounds of rent arrears when I am not within 2 months arrears at the time of hearing. By the time of hearing, I'll be about 2 or 3 months overpaid.

 

If you could advice as to how to approach this, it would be much appreciated.

 

Kind regards,

 

Adridude

 

There are two forms of notice that a landlord/agent can serve upon you. The s.8 notice to which you refer can be served at any time during the tenancy, and becomes effective two full calander months after being served. While there are various reasons for serving a s.8, the most common is rent arrears. You are correct that a s.8 will not be valid if there are less than 2 months rent arrears (you should be aware that two months rent arrears doesnt mean two missed payments i.e. £1000 it means 1 missed payment i.e £500 + 1 day). You therefore need to make sure your arrears are under £500 should the case come to court.

 

Unfortunatley your landlord is also likley to serve the second type of notice as well a s.21 notice. You should check that you have not already been served this at the commencement of your tenancy as many landlord/agents do. A s.21 notice can be served anytime during the fixed/periodic tenancy and comes into force either at the end of the fixed term (provided 2 full calander months have been given) or in the periodic 2 months after being served. The only 'defence' against a s.21 notice is that is has been served/dated incorrectly.

 

If you have already been served a s.21 at the commencement of the tenancy, then the landlord can seek immediate posession from the courts at the end of this month. If he serves it you now, then he can seek immediate posession from the courts as of end of January.

 

A s.21 notice can only be served if your deposit has been correclty protected in a TDS scheme.

 

Sorry to give you the bad news.

Edited November 14, 2008 by Planner

[adridude]

Ahh,

 

In the smallprint there is something which says:

 

If the landlord wishes to end the tenancy at the end of the 6 months, we will service what is knows as a s.21 Notice, which gives you two months notice before you have to leave the property.

 

Which I assume is better than it being served at the beginning of the tenancy

 

After the two months I take it he goes to crourt to get an order which I believe takes about two weeks.

 

Is this order effective immediately? or is time provisioned, such as, you have to leave within 14 days?

I hope he's a nice guy and likes payment plans.

[Planner]

The s.21 notice is called an accelerated possesion order. Once the two months as expired the klandlord will seek a court order. This could take a couple of weeks and once granted is affective immediatley. It is very unlikley that the court will refuse to grant the order, unless the tenant can prove mitigating cirrcumstances, im not sure if your illness would count as mitigating cirrcumstances or not.

 

Double check your paperwork. Just because the tenancy has that s.21 clause, doesnt mean that its not alread been served. Also check the status of your depsoit. No TDS means no s.21.

[adridude]

I take it then:

Deposit status:ACTIVE

Means its better news than expected.

 

I've never dialled the TDS faster in my life!