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Gone behind with rent
Former Member
Posts: 1,876,323 The Mix Honorary Guru
To cut a long story short I've gone a month behind with my rent from a private landlord who happens to be the biggest cock in history. Over the next 2 months I'll be able to get up to date.
He's threatening me with eviction which I understand he can only do with a court order.
If this happens I intend to go to court on the day and argue that due to financial troubles I went behind but I certainly will clear it within 2 months.
Does anyone know what the chances would be of this being accepted by the court?
He's threatening me with eviction which I understand he can only do with a court order.
If this happens I intend to go to court on the day and argue that due to financial troubles I went behind but I certainly will clear it within 2 months.
Does anyone know what the chances would be of this being accepted by the court?
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Comments
if you break your terms of contract then he doesnt need to go to court does he?
If you are more than 8 weeks/2 months in arrears, then you have no defence to the eviction proceedings, and the court can only order you to be evicted. You have to be more than 8 weeks/2 months in arrears both on the day the eviction notice is served on you, and on the day of the court hearing.
If you are less than 8 weeks/2 months in arrears, the court has discretion to award other remedies, such as a postponed possession order (where if you pay the rent and the arrears as ordered you won't be evicted).
If you are not within the fixed term of an assured shorthold tenancy, then the landlord can evict you with two months notice using a section 21 notice. This does not need to be a prescribed form, but the notice must end on the last day of a rental period (i.e. the day before you pay your rent). There is no defence to a s21 notice, and the court has no choice but to order eviction. The landlord doesn't even have to give a reason for a s21 notice, it can simply be because he feels like it.
If the court orders eviction because of rent arrears, it is likely that judgment will be made for the arrears too- if you don't pay the judgment, bailiffs can come and enforce the debt. If the court orders eviction because of a s21 notice, your landlord will need to apply for a separate County Court Judgment (CCJ) to enforce the debt.
If you think you have a good chance of remaining in the property, your best bet would be to get the rent arrears under 2 months/8 weeks, because if you don't the Court will evict you because they have no choice. But you have to be aware that even if you do this, the landlord can still evict you with 2 months notice if you're not in a fixed period.
Even if the Court orders eviction, you don't need to leave immediately. If you haven't left the property on the date ordered, the landlord has to go back to Court to get bailiffs to attend your property and evict you. If you don't leave it that long you're unlikely to be helped by the council under homeless legislation; if you do leave it that long you'll be liable for all the landlord's court costs too.
You need some more specialist help about this, and you need it quickly. Give Shelter a call on 0808 800 4444 (open 8am-midnight ever day).