Can the landlord kick us out

Central · 30-04-2008, 00:52

MY new job have messed up my hours and I got paid less then I though.

This now means my rent is short. My rent is £550 a month but I can only pay £425. This leaves us with a bit left over to. My housing benefit is still in the process of getting decided. Its been like this for over a month now because they keep asking for further info so when they receive that it takes up to another 28 days.

Hopefully this should be sorted soon and a payment will be on the way out.

I am prepared to pay my landlords fees if any occur but just worried he would turf us out.

Any advice is appreciated

Cheers

Wicked_and_Crazy · 30-04-2008, 02:13

Have they mentioned chucking you out, have you discussed it with them?

scuzz · 30-04-2008, 02:58

Be* ?

I would think that if it's a temporary situation, and that if you explained the circumstances, then it could probably be settled amicably.
If it went to law you would need formal warnings/notices. I'm not sure that I'd want to 'fall out' with my landlord though.
They can't just turn you out tomorrow.

Like Wicked and Crazy said:
Have you talked this over with them?

Edit: Tell How much you are able /willing to pay the landlord - your figure doesn't fall too far short of what you needed to pay.
Good Luck.

punky · 30-04-2008, 08:47

Can he chuck you out? Not really.

On a standard AST (Assured Shorthold Tenancy), the rent must normally be settled with 14 days or the landlord can take further action - but he can't just chuck you out. If you wanted to be a bit of a so-and-so, you could refuse to leave, and not pay another penny. He'd have to persue an eviction order. He'll get it, but it will take him the best part of a year and cost a fortune. And you would get a date in advance that you can quietly leave by. So landlords are flexible.

Is this a one off, or for future months? If its a recurring thing, if you've been a good tenant and he has a low/no mortgage, he might draw up a new AST for the lower amount. Decent tenants are very few and far between, so they are worth bargaining with to hold on to them. Or he if he really needs all the rent to break even, you might be able to agree a mutual termination point where you can move out of your own will to a place within your price range. Given the costs involved with preparing a place for new tenancy landlords are usual pretty flexible.

If its a one-off, he may just accept the lower amount as partial payment, and then you can repay the existing amount later.

The law is completely and unequivocally in favour of the tenants, so you do have a lot of power there. But please, just talk to the landlord and be honest. Don't do what most do - lie, cheat and fob them around.

Nidge · 03-05-2008, 21:12

Quote:

Originally Posted by Be*

MY new job have messed up my hours and I got paid less then I though.

This now means my rent is short. My rent is £550 a month but I can only pay £425. This leaves us with a bit left over to. My housing benefit is still in the process of getting decided. Its been like this for over a month now because they keep asking for further info so when they receive that it takes up to another 28 days.

Hopefully this should be sorted soon and a payment will be on the way out.

I am prepared to pay my landlords fees if any occur but just worried he would turf us out.

Any advice is appreciated

Cheers

Keep in touch with the landlord and tell him what's going on, a decent landlord will always help you out. It's the Councils fault not yours, keep in touch with the benefits office at the Council and tell them to crack on with your claim.