Possible eviction

[anti-pacer]

Hi all

A friend of mine is unemployed and struggling to pay her rent. She's on Universal Credit and with the deductions she has going out, she has less money than she needs to pay her rent. She's already just under 2 months in arrears.

It's probable when she tells her landlady that her rent payment this month will be half its usual amount, that notice proceedings will begin. There are two notices she could receive, one being a Section 21 where 2 months notice is served, or the faster Section 8 where just 14 days is given. If the latter is served, realistically how long is she looking at if she holds out through the court and bailiff stage?

I can't put her up as I have a small flat, but I'm worried about her.

 

[ainsworth74]

You should strongly suggest that she visit or contact her local Citizens Advice for assistance in this matter. They will most likely have specialists in debt matters who could negotiate with her landlord on her behalf as well as checking if there is any scope for getting the deductions from her Universal Credit reduced on the grounds of hardship. If she can come to arrangement to repay the arrears the landlord may be less inclined to take eviction action.

She can find the contact details of her local Citizens Advice here.

She may also wish to speak to the Jobcentre about setting up an alternative payment arrangement to have the part of her Universal Credit that is for her housing costs paid directly to her landlord. Whilst the default position on Universal Credit is that the claimant gets paid the money for their rent if there is a risk of eviction and/or rent arrears then the Jobcentre can arrange to have the money paid direct to the landlord. This may also help prevent the landlord taking action to evict her as whilst there will still be arrears they will at least have a guaranteed income in the future.

As for how long it will take it will vary but roughly for Section 21 there is the two month notice period after which, if she doesn't leave, the landlord will need to take court action and the court will then usually grant a possession order telling them to leave in fourteen days (though this could be extended by up to six weeks if fourteen days would cause hardship). If she still doesn't leave then the landlord can go back to court and get a warrant of eviction and the bailiffs will come to change the locks and evict her. So Section 21 will take, probably, three/four months from when notice is given.

Section 8 tends to be quicker as the notice is much less (normally fourteen days) but again even when the notice expires and if the tenant hasn't left then the landlord will need to go down the possession claim road which could drag on for a number of weeks. Section 8 is, however, easier to defend against (if it's for rent arrears) as if you can demonstrate that you're taking steps to improve the situation (i.e. paying down the rent arrears) then it's possible to have the possession suspended.

However this is a complex area of law so the above should not be treated as a statement of fact and advice should be sought urgently from a local advice agency.

 

[Lankyline]

First your friend needs to go through her rental agreement and see what exactly are the landlords option(s) for repossession, it's possible there maybe a legal "flaw" in the clauses of the agreement (especially if it hasn't been written by a solicitor.

Whatever communication, both to and from the landlord, needs to be in writing, especially if she can make some sort of repayment offer, if rejected by the landlord and the offer is "reasonable" it will look more favourable in court.

Once she receives a formal notice, even a court document, tell her not to ignore it, but get advice, in addition, if an eviction notice has already been granted, again there is an option, get her to fill in a court form to have the judgement set aside, she will then get a court date. This can help give her a time extension, also because she is on benefits she won't have to pay for the form

if she has to go to court and argue her case in front of the judge, she needs to explain her circumstances, unfortunately emotion won't cut it, it has to be factual, she will also have to try and present some sort of repayment plan and prove that she has done everything she can to pay. Judges are reluctant to throw people out. One last thing a landlord cannot enter her premises without writing to her first and giving notice of a visit.
Hope this helps but the main thing is get advice, citizens advice is a good place to start, but will probably need to make an appointment.

 

[tony_mac]

Shelter can also give advice - and they have information on their website.

Landlords generally prefer to use a Section 21, as it's harder to defend against.
The average time between notice and eviction is about 40 weeks, but it can vary a lot around the country depending on the local case load and availability of bailiffs.

However, in the meantime, the debt will be rising and the costs (court and bailiffs) can be added to it, so it's really best not to come to that.

 

[Tetchytyke]

There are two ways of evicting someone from a privately rented "assured shorthold" tenancy, either under section 8 or section 21.

Section 21 is open to landlords where the fixed term has ended. They must give two months notice, and there is no defence to it.

Section 8 is faster, but more expensive. There are a number of grounds that a landlord can use. If a tenant is more than two months in arrears then, under section 8, the court MUST award possession. If the arrears are less than two months then the court have discretion to suspend a possession order. If she's in more than two months' rent arrears, there is no defence. But the arrears are as they are on the day of a court hearing; get the arrears down below this limit and there may be a defence.

If I remember rightly, a section 8 claim can also be used by the landlord as a basis to recover the unpaid rent through further court action, but a section 21 (as there is no "blame") cannot.

In the current situation, your friend probably has no defence to either route to evict her, unless the landlord serves notice incorrectly (and you'd be amazed how many screw up a section 21 notice).

What troubles me more is the fact you mention "deductions" from her Universal Credit. These need to be sorted out. If they are legitimate (e.g. she is single and under-35, and so not entitled to full rent) then there's little that can be done. But if they are deductions for sanctions, or to repay other debts (council tax is a big one) then things can be sorted out.

I'd recommend that she goes speak to the local Citizens Advice as a matter of extreme urgency. They'd be better than Shelter as they can deal with the money and the benefits issues, not just advise on the housing. But she should try and get housing advice too, for when she is evicted and made homeless. If she is "culpable", or if she voluntarily leaves, the council may refuse to assist her.