Getting Evicted in Fixed Term

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    Getting Evicted in Fixed Term

    I am a student living under an AST (started 1st sept.) The landlord and I had an informal agreement that i would pay 4 months rent (£960) every 4 months, there was a technical error with my student loan (for which i have a letter from the LEA) and i could not pay. as soon as i was two months in arrears the LL served notice, also saying that he would goto county court to claim the money, my student loan was DAYS away from coming in, he wouldnt budge "I sticking to my guns". Luckily, I managed to borrow the money. The LL then said that i could stay if i Paid the following rent in full on time, fair enough i paid, he then continued with the eviction I really dont want to move, and find it strange that he would go without the money just to "GET" me. I feel he is purely vindictive. He even stated at one time "i dont like you, your the pitts".

    Can he evict me in the fixed term for arrears THAT I HAVE PAYED and will continue to do so!

    Thankyou VERY much in advance.
    Last edited by PJSprason; 16-01-2006, 12:38 PM.

    #2
    Originally posted by PJSprason
    I am a student living under an AST (started 1st sept.) The landlord and I had an informal agreement that i would pay 4 months rent (£960) every 4 months, there was a technical error with my student loan (for which i have a letter from the LEA) and i could not pay. as soon as i was two months in arrears the LL served notice, also saying that he would goto county court to claim the money, my student loan was DAYS away from coming in, he wouldnt budge "I sticking to my guns". Luckily, I managed to borrow the money. The LL then said that i could stay if i Paid the following rent in full on time, fair enough i paid, he then continued with the eviction I really dont want to move, and find it strange that he would go without the money just to "GET" me. I feel he is purely vindictive. He even stated at on time "i dont like you, your the pitts".

    Can he evict me in the fixed term for arrears THAT I HAVE PAYED and will continue to do so!

    Thankyou VERY much in advance.
    Aren't students supposed to know how to read ?? Your answers are in the other thread you started pretending to be someone you're not. Pay some attention and you'll have your answers.

    Comment


      #3
      One word answer:

      NO


      P.P.
      Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

      Comment


        #4
        I shall ignore the point about your dishonesty and attempt to answer your question. There are three grounds for serving a Section 8(eviction due to rent arrears).

        - In 2 months arrears (ground 8)
        - In 2 months arrears at time of serving notice
        - Persistently in arrears

        Last two are grounds 10 & 11, cannot remember which way round :|

        (apologies if I have got this slightly wrong !)

        It all depends upon which grounds he has served the notice. Obviously he cannot get you on the first(mandatory) ground. He also probably cannot get you on the third. But there is a possibility he could evict on the second ground. However, this is a discretionary ground for eviction.
        Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

        Comment


          #5
          Paul F hat on

          Section 8 is not only for rent arrears. It is a Section of the Housing Act under which to issue Notice to take action to evict a tenant for a variety of breaches of an AST. There are 17 Grounds under which to take action.

          Have a look here

          Paul F hat off

          Comment


            #6
            My apologies of course you are correct. Was only thinking about rent arrears.
            Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

            Comment

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