Non payment of rent?

[Russ]

A guy in work is having a dispute with his landlord over private matters and is witholding rent. The reason he cites is IMO not good enough grounds for non payment of rent so I have a feeling if it went to court, he would be out on his butt. The question is, how long would it usually take to evict someone on the grounds of non-payment, assuming at the first hearing, the court ruled in favour of the landlord?

[Matt D]

I don't know, although greencreeper left this handy link on my blog, about a different landlord/tenancy issue:

http://www.adviceguide.org.uk/nw/ind...nt/housing.htm


Should be some helpful info there.

[Russ]

Hmmm, some general information there (thanks! ) but it doesn't really apply to his situation...

[Bifta]

Originally Posted by Russ D

Hmmm, some general information there (thanks! ) but it doesn't really apply to his situation...

He's in for a bumpy ride if he's witholding his rent, and is probably forgoing his legal rights in the process and afaik the landlord doesn't even need a court order to evict him. After giving reasonable notice he is within his rights to enter the property (for example) when the tenant is out and change the locks. I have no idea how much "reasonable notice" is requires as it depends on many factors, e.g. how soon the landlord wants a new tenant in, how often the rent is paid etc. If however he's withholding rent he'd be better off never leaving the house just in case or he might find his belongings sitting on the street

[paulyoung666]

Originally Posted by Bifta

He's in for a bumpy ride if he's witholding his rent, and is probably forgoing his legal rights in the process and afaik the landlord doesn't even need a court order to evict him. After giving reasonable notice he is within his rights to enter the property (for example) when the tenant is out and change the locks. I have no idea how much "reasonable notice" is requires as it depends on many factors, e.g. how soon the landlord wants a new tenant in, how often the rent is paid etc. If however he's withholding rent he'd be better off never leaving the house just in case or he might find his belongings sitting on the street

and if i mat i will second that , he is playing with fire i reckon , better to keep paying then sort it out

Originally Posted by Russ D

A guy in work is having a dispute with his landlord over private matters and is witholding rent. The reason he cites is IMO not good enough grounds for non payment of rent so I have a feeling if it went to court, he would be out on his butt. The question is, how long would it usually take to evict someone on the grounds of non-payment, assuming at the first hearing, the court ruled in favour of the landlord?

It's very much dependent on factors such as whether it's an assured shorthold tenancy for instance.

Here's Shelter's info on the subject:

http://england.shelter.org.uk/advice/advice-291.cfm

[Russ]

That's a bit better.....no idea what kind of tenancy it is actually - I didn't even know you could get different types...

Originally Posted by Russ D

That's a bit better.....no idea what kind of tenancy it is actually - I didn't even know you could get different types...

AIUI most rents these days are statutory shorthold tenancies which have a minimum notice period of 2 months, but IIRC if you're sharing a building (and facilities) that's the landlord's private residence, they can chuck you out on a week's notice and there's damn all you can do!

[LostintheNW]

I think you will find that the notice required to terminate the tenancy is based on what is in the lease which you signed up to. Non payment of rent is usually a breach of the lease and the landlord has a certain amount of time to demand payment, and if payment is not made within 14 days usually he can take steps to evict his tenant. This again is not just a simple case of saying get out, you have to do it in writing and give seven days notice, but again this time limit is stipulated in the lease.

Tell your friend to be very careful or he could be out on his ear, there are only certain things you can withhold payment of rent for and you have to be able to prove them

One other point if your friend has been a tenant for 2 years or more his landlord will have a difficult time kicking him out if its not a private residence as your friend can apply to buy the leasehold to the flat and the landlord can only now by law decline to accept if he plans to redevelop the whole property

Not sure if this helps but working a property department I come across a lot of tenancies (business and some residential)

[Mike]

A solicitor would advise the landlord to sort things out rather than going through the courts. In my case the solicitor would not act for a number of months stating the tenant could tell the court there were unresloved issues or payment problems and the court would rule in favour of the tenant within this short time scale. Also high costs invloved....court fees / solicitors etc makes it unviable. The landlord can not just change the locks that would be a breach of the tenancy agreement which I take is a 6 months shorthold tenancy agreement. However some landlords may just do it

[greencreeper]

Originally Posted by Russ D

That's a bit better.....no idea what kind of tenancy it is actually - I didn't even know you could get different types...

The link in Matt's post has stuff on tenancies:

For example:

Tenancy agreements
Private sector tenancies

Nice, clear explanations.

[Russ]

Yes, it says what they are but doesn't answer the question about how long the eviction would take for non payment of rent.

Originally Posted by LostintheNW

One other point if your friend has been a tenant for 2 years or more his landlord will have a difficult time kicking him out if its not a private residence as your friend can apply to buy the leasehold to the flat and the landlord can only now by law decline to accept if he plans to redevelop the whole property

AIUI this is only if you own a the flat's leasehold, not simply if you're renting.

I'm currently in the process of trying (with the guy who owns the other two flats in this house) to buy the freehold, but AFAIK if I was sub-letting my tenants couldn't try to buy the leasehold off me without my wanting to sell it.

[Chris W]

Originally Posted by Russ D

Yes, it says what they are but doesn't answer the question about how long the eviction would take for non payment of rent.

bear in mind that i failed my module in land law... but i think this is the situation:

I think it depends on the actual contract,but in a shorthold tenancy if there is not a contract or an unsuitable contract then the courst will imply that if the rent is in arrears for 14days or more the landlord can then take possession of all or part of the property.

I have dug out my contract and i quote...

Fofeiture: Provided that the Rent or any part therof shall be in arrears for 14 days after the same shall become due whether legally demanded or not or if there shall be a breach of any obligations on the part of the Tenant the landlord may re-enter the premises or any part thereof in the name of the whole and immediately thereupon the Tenancy shall absolutely determine without prejudice to any other rights and remedies of the landlord.

hth

MB

[greencreeper]

Originally Posted by Russ D

Yes, it says what they are but doesn't answer the question about how long the eviction would take for non payment of rent.

There is no answer to your question. "The law's delay" - it could be months, it could be a year. It depends on the court schedule, the judge, and how the case progresses.

[edit] Forget all that - spoke to my mum (law degree and works for the CPS as a caseworker). She says - landlord applies for an eviction order. A judge (in chambers - not court) looks at the application and either agrees or asks for further enquires/information. Rarely do eviction orders see open court. The time between applying for the order and the judge looking at it is short. The eviction order will include an eviction date and will be enforced by court bailiffs, with police support. The tenant should seek legal advice.