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    Rent arrears and eviction

    Guys,

    I have already googled this but want to make sure that I am correct.

    This evening my friends landlord rang them up to tell them they were being evicted and that they had to be out of the house for tonight and that the landlord would come round to make sure they were gone.

    My friend has rent arrears of 1 month at todays date and 2 months as off tomorrow but they had spoke to their landlord and explained that they had began a new job (having been out of work for three months due to illness and difficultly in getting a new job) and would therefore pay the rent for month 1 in 2 weeks time (on receipt of first work pay) and month 2 (the final rent before end of contract) 2 weeks later which the landlord originally said was fine but now tell them they must move.

    The landlord also refused to let them claim housing benefits to help sort this rent out even though my friend was jobless.

    Am I right in thinking this is illegal to just evict them with 4 hours warning and that the correct procedure was to give 28 days written notice?

    (this is in Northern Ireland)

    51 Comments

    What can happen if you don't pay your rent

    Landlords usually have the right to seek a court order to evict you for rent arrears. In certain circumstances your landlord may be able to evict you without the need to obtain a court order first.
    The rules about when and how a landlord may evict you for rent arrears differ according to the type of tenancy agreement you have. The type of tenancy agreement you have will depend partly on who your landlord is.
    To find out more about how different types of tenancy agreement affect what happens if you don't pay your rent visit the links below, or seek free, independent advice (see 'Help and advice' below).
    [LIST]
    [*]]Find out about types of private tenancy agreements Opens new window[/LIST] [LIST]
    [*]]Find out about types of council tenancy agreement Opens new window[/LIST] [LIST]
    [*]]Rent and tenancies (home and community section)[/LIST]
    direct.gov.uk/en/…426

    What type of tenancy agreement do your friends have with the landlord ?

    All sounds a tad dodgy to me

    Original Poster

    from reading I think its a 12month fixed term contract (due to expire 22nd July 2010)

    I think your friends should have gone to citizens advice (if they have them in NI) before this and as soon as they got the order for eviction from the landlord.

    I'm no legal expert but more info here on CAB website

    Tenancy ended by landlord There are many rules about the notice needed to … Tenancy ended by landlord There are many rules about the notice needed to end a tenancy agreement and apply for a possession order from the court. The rules cover the length of notice needed, the form in which it must be given and the dates on which it must take effect. In most cases, your landlord has to serve a special notice on you before they can apply for a possession order. The rules vary depending on what kind of tenancy you have. If a private landlord wants to end a tenancy on the date the agreement expires, they must usually serve a Notice conforming to special rules. You can find further information about how a landlord brings a tenancy to an end in a booklet produced for tenants and landlords in England and Wales. It is available from the Communities and Local Government website at ]www.communities.gov.uk. If you've been given notice by your landlord but you want to leave before the notice runs out, you should contact your landlord. It's a good idea to see if you can come to a mutual agreement about when the notice will end. It's never a good idea to just leave, as your agreement will continue even though you've left, and your landlord can continue to charge you rent. If you receive a Notice of seeking possession, you should consult an experienced adviser without delay, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on ]nearest CAB.

    I don;t think landlord has a leg to stand on.......from delving further. If he tries to force them out they should call the police.

    They cant evict you just like that,the landlord would have to get a court order

    Incidentally how can the landlord stop them for applying for housing benefit?

    Original Poster

    thats the thing they never got an order of eviction. literally only a call today and told to get out.

    they are going to citizens advice tomorro, just wanted to let them know what to expect.

    grabbit;8895908

    They cant evict you just like that,the landlord would have to get a court … They cant evict you just like that,the landlord would have to get a court order



    Depends on tenancy agreement and if it's not a dodgy private rental surely ?

    ps

    next time, they should get housing benefit whether landlord wants to or not

    they could have used the money for another property if he got shirty

    Original Poster

    It appears the rental is above board with contracts signed

    Does the landlord live at the property? If not, they are almost certain to have a shorthold tenancy.

    He can not stop them claiming housing benefit. He would not even know if they didn't tell him.
    He can't force them to move out if they don't want to.

    They can stay until the bailiffs arrive(Would take about 4 months), but they would incur the court and bailiffs costs.

    [COLOR="Red"]Edit: Scrap that, I have just seen it N Ireland.[/COLOR]

    Original Poster

    did they not need the landlord to sign for the benefit?

    Because when they asked him he refused to do so and the man at benefits centre said it was their choice and that was it.

    Original Poster

    thesaint;8895959

    Does the landlord live at the property? If not, they are almost certain … Does the landlord live at the property? If not, they are almost certain to have a shorthold tenancy.He can not stop them claiming housing benefit. He would not even know if they didn't tell him.He can't force them to move out if they don't want to.



    Nope the landlord doesnt.

    Awh the guy at the benefits said the landlord must sign the form to claim the housing benefit

    Original Poster

    allstar2;8895974

    Nope the landlord doesnt.Awh the guy at the benefits said the landlord … Nope the landlord doesnt.Awh the guy at the benefits said the landlord must sign the form to claim the housing benefit

    I live in n ireland,the landlord has to sign a form to confirm rent charge etc,

    When you claim you can get the benefit paid directly to you and then pay the landlord except if you are in a NIHE property

    allstar2;8895974

    Nope the landlord doesnt.Awh the guy at the benefits said the landlord … Nope the landlord doesnt.Awh the guy at the benefits said the landlord must sign the form to claim the housing benefit



    If you read my edit, I see it's N Ireland. I guess their housing laws and HB system is different.
    In England, the landlord doesn't need to sign anything.

    allstar2;8895974

    Nope the landlord doesnt.Awh the guy at the benefits said the landlord … Nope the landlord doesnt.Awh the guy at the benefits said the landlord must sign the form to claim the housing benefit



    Not if they have a tenancy agreement

    Your Rent? You need to send us proof of how much rent you pay, and what … Your Rent? You need to send us proof of how much rent you pay, and what services are included in your rent. Services include things like heating, water rates and meals. If you have a tenancy agreement, send us a copy of it. We will use it to work out all the details we need. If you do not have a tenancy agreement, ask your landlord or landlady to write a letter telling us: [LIST][*]His, or her, name and address[*]Your name and address[*]How much rent you pay[*]What services are included in your rent[*]How much you pay for the services[*]What date your tenancy started[*]What date you moved in to your home[/LIST]

    The landlord would have to take them to court first,he's bluffing

    nihe.gov.uk/ind…htm

    Ring nihe homeless section and they will tell your friend to stay put

    It has already been stated, but the landlord is wrong. In signing a tenancy agreement your friends gain a legal right to live within that property. The landlord cannot simply 'cancel' that right due to rent arrears, and needs an order from the Court to take possession back from them.

    dcx_badass;8895967

    Unfortunately they can't do that although they should be able to, why … Unfortunately they can't do that although they should be able to, why should they let people live for free.

    Because evicting people from a property and making them homeless due to a month or two rent arrears is highly draconian? They are not living for free; whether they pay on time or late they still owe the money, and the landlord will be able to pursue them for that in any event.

    dcx_badass;8896091

    Not my problem, we were constantly paid late, was a joke, got the … Not my problem, we were constantly paid late, was a joke, got the scratters out in the end, gave them a months notice.


    It certainly isn't, though thankfully the law in this area was created with more wide ranging considerations than what is or is not 'your problem'.

    Original Poster

    grabbit;8896003

    I live in n ireland,the landlord has to sign a form to confirm rent … I live in n ireland,the landlord has to sign a form to confirm rent charge etc,When you claim you can get the benefit paid directly to you and then pay the landlord except if you are in a NIHE property



    Yeah thats what she was told.

    thesaint;8896008

    If you read my edit, I see it's N Ireland. I guess their housing laws … If you read my edit, I see it's N Ireland. I guess their housing laws and HB system is different.In England, the landlord doesn't need to sign anything.



    Sorry I replied before i seen your edit.

    Yeah it does appear to be completely different.

    choc1969;8896019

    Not if they have a tenancy agreement



    the letter has to be written by the landlord to confirm the details which is what they refused to do

    grabbit;8896050

    The landlord would have to take them to court first,he's … The landlord would have to take them to court first,he's bluffinghttp://www.nihe.gov.uk/index/yh-home/homelessness-4/are_you_homeless.htmRing nihe homeless section and they will tell your friend to stay put



    My friend just went to stay with another mate for the night as to avoid any rows but they are going to citizens advice tomorrow and then will see what they tell them to do.

    Crazy Jamie;8896074

    It has already been stated, but the landlord is wrong. In signing a … It has already been stated, but the landlord is wrong. In signing a tenancy agreement your friends gain a legal right to live within that property. The landlord cannot simply 'cancel' that right due to rent arrears, and needs an order from the Court to take possession back from them. Because evicting people from a property and making them homeless due to a month or two rent arrears is highly draconian? They are not living for free; whether they pay on time or late they still owe the money, and the landlord will be able to pursue them for that in any event.



    Yeah thats what I thought, to be honest if my friend had the 28 days notice they would have moved out and got somewhere sorted in that time, its the fact they got 4 hours.

    dcx_badass;8896091

    Not my problem, we were constantly paid late, was a joke, got the … Not my problem, we were constantly paid late, was a joke, got the scratters out in the end, gave them a months notice.



    At least you did it correctly. As i said with notice my friend would have been out and they had originally agreed to the payment plan only a few days ago (one in which they were guaranteed to get their money)

    dcx_badass;8896091

    Not my problem, we were constantly paid late, was a joke, got the … Not my problem, we were constantly paid late, was a joke, got the scratters out in the end, gave them a months notice.



    allstar2;8896159

    At least you did it correctly. As i said with notice my friend would have … At least you did it correctly. As i said with notice my friend would have been out and they had originally agreed to the payment plan only a few days ago (one in which they were guaranteed to get their money)



    dcx doesn't own a property.
    As for doing it correctly, the months notice was not valid in any case, I would put his house on it.

    grabbit: The landlord would have to take them to court first,he's … grabbit: The landlord would have to take them to court first,he's bluffinghttp://www.nihe.gov.uk/index/yh-home...u_homeless.htmRing nihe homeless section and they will tell your friend to stay put My friend just went to stay with another mate for the night as to avoid any rows but they are going to citizens advice tomorrow and then will see what they tell them to do



    They will tell them that the landlord is acting illegally and if they move out on his say so they will be making themselves intentionally homeless and they will have to find their own place

    I wish your friends luck. When I was 19 a crooked landlord told us to be out the flat in 5 days or he'd smash our stuff up and us. We had nowhere to go and no family within a 100 miles. It was a very bad time and I still have security issues. Desmond O Rafferty if you're reading this Rot In Hell.

    Original Poster

    chalkysoil;8896723

    I wish your friends luck. When I was 19 a crooked landlord told us to be … I wish your friends luck. When I was 19 a crooked landlord told us to be out the flat in 5 days or he'd smash our stuff up and us. We had nowhere to go and no family within a 100 miles. It was a very bad time and I still have security issues. Desmond O Rafferty if you're reading this Rot In Hell.



    Thanks for that. My friend is actually from England so had no family to turn to but she has some very good mates in Northern Ireland who were more than willing to help her get back on her feet.

    Thanks to everyone who replied, much appreciated and I have told my friend to go to the housing association and CAB today

    sounds like this landlord might be worth mentioning to the N.I. tax office, onnly reason i can think of why he would refuse state money over any other is tax evasion.

    maddogb;8898552

    sounds like this landlord might be worth mentioning to the N.I. tax … sounds like this landlord might be worth mentioning to the N.I. tax office, onnly reason i can think of why he would refuse state money over any other is tax evasion.



    I thought that also,a landlord wouldn't care where a tenant was getting the money to pay from,but if they weren't declaring they were receiving rent from a property they wouldn't be wanting to confirm it on a form,

    HM customs & revenue would be interested

    Original Poster

    maddogb;8898552

    sounds like this landlord might be worth mentioning to the N.I. tax … sounds like this landlord might be worth mentioning to the N.I. tax office, onnly reason i can think of why he would refuse state money over any other is tax evasion.



    grabbit;8899160

    I thought that also,a landlord wouldn't care where a tenant was getting … I thought that also,a landlord wouldn't care where a tenant was getting the money to pay from,but if they weren't declaring they were receiving rent from a property they wouldn't be wanting to confirm it on a form,HM customs & revenue would be interested



    She had thought of that, will see how things go before going that route.

    allstar2;8899249

    She had thought of that, will see how things go before going that route.



    She can still apply for the housing benefit for the period she wasn't working when she was entitled,they will consider backdating it if there is a valid reason the claim wasn't made,though she should have claimed anyhow at the time no matter what the landlord said,

    The form can be sent without the section for the landlord if it isn't available at the time and forwarded on later,

    I'd definately mention customs & revenue to the landlord,once they're on his case evicting tenants for late rent will be the last thing on his mind

    Your friend has the law on his side sadly, which I think is wrong to be honest.

    The owner of the property cant say to the mortgage company, sorry I can pay you in a couple of months because my tenant hasnt paid me.

    They have to keep paying, in the same way your friend does. If you dont pay for the house, out you go as far as I am concerned.

    aircanman;8899431

    Your friend has the law on his side sadly, which I think is wrong to be … Your friend has the law on his side sadly, which I think is wrong to be honest. The owner of the property cant say to the mortgage company, sorry I can pay you in a couple of months because my tenant hasnt paid me. They have to keep paying, in the same way your friend does. If you dont pay for the house, out you go as far as I am concerned.



    The landlord refused to complete the form to let the tenant claim housing benefit to pay their rent :roll:

    grabbit;8899455

    The landlord refused to complete the form to let the tenant claim housing … The landlord refused to complete the form to let the tenant claim housing benefit to pay their rent :roll:



    I dont think that is the issue here, the OP is looking for a get out clause. Surely the tenant would have been able to bypass the owner of the property by taking the right steps.

    Plus when I was renting my property, I was advised to keep away from the people on benefits because a lot of them pocket the money!!

    aircanman;8899431

    Your friend has the law on his side sadly, which I think is wrong to be … Your friend has the law on his side sadly, which I think is wrong to be honest. The owner of the property cant say to the mortgage company, sorry I can pay you in a couple of months because my tenant hasnt paid me. They have to keep paying, in the same way your friend does. If you dont pay for the house, out you go as far as I am concerned.



    Not related to this thread, but ^^^ is true. People who go into rent arrears most of the time leave the property when they wish without paying up and then its financially not worth for the landlord to legally pursue for rent arrears or property damage. :thumbsup:

    Marina;8899640

    Not related to this thread, but ^^^ is true. People who go into rent … Not related to this thread, but ^^^ is true. People who go into rent arrears most of the time leave the property when they wish without paying up and then its financially not worth for the landlord to legally pursue for rent arrears or property damage. :thumbsup:



    the law is there to protect the vunerable, no scammer should be allowed to spoil that there are enough ways for the landlord to protect himself and if they have a mortgage on a property they are renting it is just stupid and greedy.

    Mod & Ed

    maddogb;8899792

    the law is there to protect the vunerable, no scammer should be allowed … the law is there to protect the vunerable, no scammer should be allowed to spoil that there are enough ways for the landlord to protect himself and if they have a mortgage on a property they are renting it is just stupid and greedy.



    Why is it stupid and greedy to have a mortgage on the property you rent out? I have a mortgage on a property I rent out, I'm not greedy, the rent I receive just covers my mortgage on it, which then allows me to rent a property more suited to my son who is currently in a wheelchair. I do have a buffer in place in case my tenant does not pay the rent on time, but it would cause a few headaches, likewise I'm sure it would be the same with my landlord.

    OP, next time your friend rents, advise her to go through a reputable rental agency who fully manage the property should stop direct landlord contact, the deposit would be held independently, proper inventory's/ property condition reports would be conducted and they would have to follow the law to the letter re eviction etc

    Original Poster

    grabbit;8899382

    She can still apply for the housing benefit for the period she wasn't … She can still apply for the housing benefit for the period she wasn't working when she was entitled,they will consider backdating it if there is a valid reason the claim wasn't made,though she should have claimed anyhow at the time no matter what the landlord said,The form can be sent without the section for the landlord if it isn't available at the time and forwarded on later,I'd definately mention customs & revenue to the landlord,once they're on his case evicting tenants for late rent will be the last thing on his mind



    Thats different from what the benefits people even said.

    They said it must be signed by the landlord, I think thats to cut down the scammers.

    aircanman;8899468

    I dont think that is the issue here, the OP is looking for a get out … I dont think that is the issue here, the OP is looking for a get out clause. Surely the tenant would have been able to bypass the owner of the property by taking the right steps.Plus when I was renting my property, I was advised to keep away from the people on benefits because a lot of them pocket the money!!



    See above re rent benefit.

    The op isnt looking for a get-out-clause. The op wants to know if you can just throw someone out without notice.

    In all fairness its actually worked out for best for my friend as they are now going to be able to rent off a friend of mine who is willing to wait for 2 weeks. therefore saving themselves £100 per month for a better house

    And the landlord has there deposit which covers the rent arrears (they had inspected the house a few weeks ago before offering them all the chance to sign for another year.

    maddogb;8899792

    the law is there to protect the vunerable, no scammer should be allowed … the law is there to protect the vunerable, no scammer should be allowed to spoil that there are enough ways for the landlord to protect himself and if they have a mortgage on a property they are renting it is just stupid and greedy.



    I also disagree with this point. My dad has a mortgage on a property he lets (via a letting agent).

    To whoever said go with a letting agent, here the main ones arent that great, one of the biggest ones tried to with-hold my deposit for not leaving the house the way they wanted even though the house was in better condition (and cleaner) than when we moved in! (Good job we took photos at start and end :))

    maddogb;8899792

    the law is there to protect the vunerable, no scammer should be allowed … the law is there to protect the vunerable, no scammer should be allowed to spoil that there are enough ways for the landlord to protect himself and if they have a mortgage on a property they are renting it is just stupid and greedy.


    like?

    Some people on here are unbelievable, lol. The landlord would have had his money if he had signed the form in the first place. Seems very fishy to me that he refused. How can the tenant be at fault here? They lost their job, tried to sort out the rent so it would get paid by HB but landlord refused to sign. Now they are trying to evict tenant with 4 hours notice?

    The landlord is blatantly a turd who needs reporting to appropriate places.

    allstar2;8904261

    Thats different from what the benefits people even said. They said it … Thats different from what the benefits people even said. They said it must be signed by the landlord, I think thats to cut down the scammers.



    Yes,it does have to be signed by the landlord but you can still apply in the meantime while waiting for the landlord to complete the form,

    The 1st page of the claim form asks do you want to apply to have the claim backdated and your reason
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