Can My Landlord Do This?

Question

Our Landlord has served us 2 months notice because of late (never unpaid) rent. We are not behind on the rent now, though it has been paid late, due to financial difficulties. I was wondering if we are legally required to leave on the date, with only the notice served. We have an assured shorthold tenancy for a year, ending in February and the end of notice date is November. Any advice is very appreciated Thanks.
Please don't tell me to go to the CAB/Social services, I know I have to but can't afford to get there yet. I know the council can't help us as I have friends that work there who told us. Thank you xx:)

I was under the impression that with our type of tenancy the landlord required a court order as well as notice, and that in some cases we were entitled to stay to the end of the original term.

There's no need to be so rude! For your information, not that I should need to defend myself to you, I fell behind after going into hospital for 3 weeks, and my partner consequently having a much smaller paycheque as he had to look after our son. My landlord, has no bills actually as the flat has no mortgage and they live in military accomodation. If all you're going to do is insult someone who asks advise just to get 2 points I suggest you get a hobby!!

Answer 1

When we received an eviction notice (not for unpaid or late rent) we were given 2 months. The notice to leave MUST come from a solicitor. If you do not leave on the date given then he will have to go to court and that can actually take a while. You would then get a chance to put your side across. It may work and you would get extra time or be allowed to stay but to be honest your landlord doesn't sound like the type to be staying with.

I am not sure if what he is doing is legal though as you say you have a tenancy till Feb. So he may be out of order especially as you now owe nothing.

You said you cannot get to CAB. They have a website that you can check out and also email for advice. Or you can phone up. Another good one to check out is the shelter website I have listed below.

Your friends are quite right about the council too although they would have to house you if you got evicted by bailiffs but it would be in a hostel most likely.

Answer 2

If you don't leave by the date the landlord specified the landlord would have to sue for eviction. If the court ruled in favour of the landlord, the court would order your eviction. A few days after the eviction order, you and your gear could be forcibly put out on the kerb. That can take a couple of months especially as you are current on your rents (it's faster if rents are unpaid) so it's possible that you could remain through the expiry of your AST.

However, you want to avoid an eviction at all costs! It will go on your credit record and can remain there for up to 10 years. A recent eviction (within 3 to 5 years) can make it nearly impossible to secure private accommodation as landlords will be very wary of letting to you.

Since the council cannot assist (at least until you're actually homeless, at any rate) your best bet would be to seek alternate digs. Do it while you still have a clean record or it may be impossible for you to do so later.

You may also wish to discuss this with the landlord. Explain why you were late in the past and ask his forbearance at least until your AST exipres. Then do your best to both stay current on your rents AND sort out a new place.

Answer 3

Sorry to say but yes your landlord has a right to do this due to late rent, is there no way you can talk to him and ask for the payment date to be changed to one that is easier to meet?

Your tennancy agreement would most likely have a clause that states that payment is due on time or will result in eviction (if it doesn't then it is a different story)

unfortunatly a landlord has the right to decide who he rents to and as long as he complies to the letter of your agreement there is nothing you can do.

Sorry, hope it all works out for you.

Answer 4

Hi,
This will be a lesson on paying your bills on time.
Why do you think it's alright to pay your rent late?
Your Landlord needs the money on time so He/She can pay their bills. It shouldn't be any surprise that they are asking you to leave. How would you feel if your employer told you that your paycheck was going to be late time after time. You'd get sick of that nonsense too. Your Landlord is sick of hounding you for it, and I don't blame him for giving you the boot. Good bye and don't come back I say! And yes, if you are late more than three times in one year in Vermont you can get the boot. Don't know about where you live, but I hope it's the same.

Answer 5

Most tenancy agreements for less than 18 months allow either party to give one month notice period.
In giving 2 months the landlord can be said to be more than reasonable.

Answer 6

Yes, he can. Anytime you pay the rent later than the date it's due, you are in violation of the lease.

Landlord's have bills to and you are passing your financial hardship onto the landlord by paying late.

Statistically, when tenants start paying late all the time you can rest assured that they will permanently fall behind very soon.

Answer 7

I'm afraid he's within his rights. Your tenancy agreement will state the rent must be paid on time.

Answer 8

Things with land lords can get very nasty..

I assume you had to leave a deposit before you got in. Probably two months.
If you right a letter back apologising about the delay you might be able to in until the end of the contract.

Good luck

Answer 9

All the Landlord has to do is give you 30 day notice to leave.If you got less than 30 days to leave then you could fight it.

Answer 10

why don't you speak to your landlord , show him that you have got the payments sorted out and it will always be paid on time, ask him to give you another chance, but you most be able to stick to this promise if not get out, after all it is not his problem its yours.
I`m a landlord and will always give people a second chance but that's it, we you give a stranger money ? because that's what you are asking for.