Can a dodgy landlord do this?

[TrishIsMySpiritAnimal]

So my Aunty rents, and she has had chemotherapy recently which obviously required time off from work. She didn’t get paid after so long so she fell behind with everything - including rent. Her landlord was patient to a point, as she tried all she could to scrape it together but it’s hard when you’re that ill, but on the 1st of this month because she was 2 months behind her served her with a section 8 notice, asking her to be out by the 15th.

Luckily that day she got a grant from a charity to cover her debts from being off sick so she paid off every penny. She is now back at work and no longer in arrears.

However - her landlord has sent her an email today, in response to her saying she can’t be out by 15th November, saying that unless she pays 3 months worth of rent to him by the 15th, he will be evicting her. If she DOES pay the 3 months, he will ‘only’ give her a section 21 so has 2 months to get out.

This is dodgy AF right? I assumed the section 8 was invalid now she’s paid but he has put discretionary ground son too of ‘persistent late payment’.

Any advice would be most welcome. All the helplines are closed now

Dodgy AF. Landlord has to be up to date with all legal requirements (gas checks for example) in order to serve section 21 so bear that in mind.
Maybe your Aunt wants to leave if this is what the landlord is like?

She told him that she’d be happy to leave by the end of December, as she potentially has somewhere to move to - but it’s not available until January. But she doesn’t wanna be kicked out by next Wednesday! I know realistically that can’t happen unless a judge gets a possession order but if, for example, she had to go to court next week, that would be very tiring and distressing for her.

I think she needs to sort out somewhere else to go for definite, and leave when she is ready and sorted - the landlord will have to wait - if they go to court it will probably take longer than just waitin

Mandatory ground 8 schedule 2 Housing act 1988 no longer applies (2 months rent must be outstanding at date of notice and court hearing).

Discretionary grounds 10 and 11 still.apply but no court would grant a possession order when the tenant is no longer in arrears.

Landlord could serve a s21 (depending on contractual term- is she in a fixed period? Is there a break clause?) for any and no reason and if he pursued it to court she'd probably be evicted although she could argue possession disproportionate (unlawful discrimination) because she's disabled by way of cancer (deemed disability) eviction motivated by rent arrears and there are none now but they were caused by her cancer and being out of work.

She doesn't need to pay 3 months rent, landlord can ask but has no right to demand it.

She could send a stiff letter back explaining she's been a model tenant but for minor rent arrears caused by her cancer, now all cleared so no she won't be paying 3 months rent, its not a lawful demand and she'd fight any eviction on reasonableness or proportionality grounds (s15 and 35 Equality Act).

He'd never evict her before end of December - earliest she'd be ordered out is late March I'd predict.
S21 tomorrow
Expires 10th January
Issue claim
Possession order by mid Feb at v earliest giving 14 days to leave
Bailiff warrant takes at least another 3 weeks

She’s actually in the middle of her contract (4 months left) so I imagine he can’t serve a s21 anyway?

All this assumes England and not living under the same roof as the landlord:

Nothing will happen - she should sit tight and wait for a court order. She can change the locks if fearful of the landlord letting themselves in to effect an “eviction”, as long as she replaces the original locks when she does eventually leave.

Assuming landlord has complied with all legal requirements it will take north of 6 months to get a court order

And your Aunt should check if she’s entitled to any benefits to avoid this happening again- use the calculator on Turn2Us

Reading your update if there is a court hearing next week she must go or send communication to court as to why the discretionary claim is defended and all the reasons why its unreasonable to make an order.
Even if the Defendant pursued s21 in due course this buys her valuable time to rehouse herself at a time when she's acutely vulnerable because of her cancer etc

Thanks all that’s reassuring.
I actually was a landlord many moons ago but too much has changed and what I know likely no longer stands.

He has implied that if he executes the section 8 that he will request a court date next Wednesday and it will be a matter of days before she’s in front of a judge

S8 notice is English law!

Can he issues a S21 when she has 4 months of contract left?

We are in England!

He has implied that if he executes the section 8 that he will request a court date next Wednesday and it will be a matter of days before she’s in front of a judge

Hahaha
Nope! At least 28 days between issue of claim and hearing and 21 days between service of claim and issue
Some courts are taking 3 months to list discretionary possession claims

Or speak to Macmillan's they are brilliant

Can he issues a S21 when she has 4 months of contract left?
Depends on tenancy terms but usually a s21 cannot end before the last day of the fixed term

Wow that’s helpful thank you!

we are in Yorkshire and I can’t for the life of me find out how long it takes

BTW he’s so telling her she HAS to let him in for an inspection tomorrow. I know for a fact she doesn’t. I WFH Fridays so I’ll be going round with my laptop after school drop off and I’ll be giving him what for if he turns up

Depends if a fixed term contract or with a break clause or rolling monthly

There is a break clause every six months. She’s in month 2 of her ‘new’ six month cycle

He's missed the boat for the break clause then!

Her tenancy probably does require access for inspections on reasonable notice so she shouldn't refuse unless she's not been given notice in accordance with the tenancy terms.
Don't believe the rubbish on here that you never need to let a landlord in. As I explain ever time I read that it's rubbish and a landlord has an implied right of access in addition to any fair contract term on access.

I thought they always had to get consent from the tenant for access unless in an emergency?

She wasn’t given 24 hours notice BTW

I fucking hate landlords. 🔥 🔥 🔥
Sorry not helpful, but preying on the vulnerable like this is deeply unfair especially when she's doing the best she can and being very reasonable.
I hope she gets the stability she needs.

Ring Shelter in the morning.
Look on the Gov.uk website for tenancy rights ref inspections. I think more notice has to be given and even then tenants have the right for peaceful enjoyment of their home without intrusion.
Id let the bas**rd do his inspection, be as nice as pie, keep paying rent on time but get out of there asap. He’s what gives landlords a bad name.

He can serve a section 21 notice but it cannot expire before the end of the fixed term (unless the tenancy agreement has some kind of clause that allows him to end it early). If I was her I'd move out at the end of the fixed term, he's going to make living there unpleasant, no one needs that hassle.

This is the prime example of how the government has failed to protect vulnerable people who need social housing. Landlords are not government social housing , the landlords mortgage still needs paying.

you should direct your anger at the government and see what caring response you get back.

Speak to Citizens Advice/Shelter or seek other legal advice, but when you are served with a section 8 you normally have at least 14 days notice, which from the 1st would be the 15th. If the reason for the section 8 was rent arrears and that is now paid in full then a court may well decide that you can stay. If she doesn’t leave by the date on the section 8 notice then the landlord would have to go to court to actually make her leave which would be a possession claim and she would be able to make a defence on the form at this point I believe- so the fact that she is no longer in arrears, and you can use the same form to explain to the court why would should be allowed to stay, so chemo, rent arrears now non existent etc.

So she could in theory receive the papers for the start of a possession claim in the next week or so. He can ask her for all the money in the world but she doesn’t have to give him any, that IS dodgy.