notice to quit on rent arreras

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    notice to quit on rent arreras

    I have just been given a notice to quit from my landlord for rent arrears. The notice runs out in four weeks. If I come up with the arrears by that time and pay off all that I owe will that automatically stop the landlord from moving on to the court for a possession order? Or is it up to the landlord to change his mind accept my money and not continue with the process? I have a tenancy with basic protection only. Thanks for any replies

    #2
    Have you considered asking your landlord what their intentions are?

    If you clear your arrears and call the Landlord then they will give you the answer.

    If your intention is to play games to avoid court action / hang on to the properly what do you think they will want to keep you anyway?


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      #3
      Well I am working at trying to get the money. I am getting there. But I have not had a chat with the landlord as previously I did tell him that I was trying to sort it out but he is a bit short tempered. I like the place so I am not wasting his time. I fell in arrears because I helped family. I just wanted to know whether once I get the money I could tell him, "look I have paid you, you can't chuck me out" or do I now have to resign myself of having to look somewhere else. As I say I only have basic protection.

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        #4
        What do you you mean by 'basic protection'?

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          #5
          Is the property in England/Wales (as opposed to Scotland)?

          Originally posted by bermudj View Post
          I have just been given a notice to quit from my landlord for rent arrears.
          What kind of notice, in what form?

          Originally posted by bermudj View Post
          I have a tenancy with basic protection only.
          What does this mean? Not an AST?

          Originally posted by JoshyT
          If your intention is to play games to avoid court action / hang on to the properly what do you think they will want to keep you anyway?
          As far as I can see, OP did not say anything which implied an intention to play games to avoid court action or hang on to property.
          There is a fine line between irony and stupidity. If I say something absurd please assume that I am being facetious.

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            #6
            Yes basic protection means it is not AST.

            https://england.shelter.org.uk/housi...sic_protection

            It's in England.

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              #7
              The other article I was reading is

              https://www.landlordlawblog.co.uk/20...ore-the-codes/

              The tenancy I have only common law and the 1977 Rent act apply to it. Not the 1988 housing act

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                #8
                If you settle the arrears this will not automatically prevent eviction proceedings. It will be up to the landlord.

                Presumably you are not in a fixed term?
                There is a fine line between irony and stupidity. If I say something absurd please assume that I am being facetious.

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                  #9
                  No it is a periodic term.

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                    #10
                    Originally posted by bermudj View Post
                    Yes basic protection means it is not AST.

                    https://england.shelter.org.uk/housi...sic_protection

                    It's in England.
                    So you mean Landlord lives in same building as you and has since you moved in? If not, regardless of paperwork, it's almost certainly an AST.

                    When did you move in please?
                    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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                      #11
                      Thanks. I'll go to the Mary Ward Legal Centre during their drop in session on Thursday and have it clarified for me. Thanks for your thoughts.

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                        #12
                        Hi,

                        On January 13 I went to court as I was on rent arrears. This was my first time after having lived at the same premises of a housing coop for 9 years. I paid the arrears at court and the coop asked for an adjournment with liberty to restore with a struck out period of 3 months. Just before the 3 months was up the coop asked for an extension to the struck out period for a further 6 months more. I was not in arrears when they asked for the extension, nor am I in arrears now. Is it common to ask for an extension to the struck out period?

                        Thanks for any replies

                        Bermudj

                        Comment


                        • bermudj
                          bermudj commented
                          Editing a comment
                          I am very specific, down to earth and realistic. I turned up with the money and all the rest, the clauses, the notice to quits, the defence forms, the claimants request was just blah, blah, blah.

                          So they begged me to stay if I gave them the money. All the odds were in their favour, but they could not take me.

                          I am possibly the only person who has saved an eviction that was so much stack in favour of the claimant. They had a mandatory request.

                          They could have taken everything, but lost their nerve, whilst I maintained mine.

                          Thank you for your thoughts.

                        • bermudj
                          bermudj commented
                          Editing a comment
                          Originally posted by theartfullodger View Post
                          Do let us know fully how court goes.
                          Yes, I will let you know.

                          Thank you for your thoughts.

                        • jpkeates
                          jpkeatesVerified Poster commented
                          Editing a comment
                          Originally posted by bermudj View Post
                          I am possibly the only person who has saved an eviction that was so much stack in favour of the claimant. They had a mandatory request.
                          The case was adjourned, so the court wasn't forced to make the only decision that they could do, which was evict.
                          That must be fairly common if the tenant agrees with the arrears figure and offers to repay the debt.

                          By agreeing to the adjournment, the coop did you a favour - they didn't take the opportunity to get rid of you.

                          You cost your own coop thousands of pounds in legal fees and I'd guess hacked off a judge and wasted a court slot which wasn't then available to someone else.

                          Who comes out of that looking like the better person?

                        #13
                        Do you mean your Landlord is a housing co-operative please?

                        If so they can be really really good at evictions
                        I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                        Comment


                          #14
                          Yes the landlord is a cooperative. At the hearing I paid up the arrears and they requested an adjournment with liberty to restore and to be struck out in three months. It should have been struck out in April, But then they asked for an extension and then pandemic put all on hold. So the judge has not made a decision on their request.

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                            #15
                            Let me repeat. Yes the landlord is a housing co-operative

                            Comment

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