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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70506
Experience:  Over 5 years in practice
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My friend has had a eviction notice arrears and

Customer Question

Hi my friend has had a eviction notice for rent arrears and the arrears are for 10 weeks if she pays the arrears could she still be evicted or would she be allowed to stay in the property untill her tenantcy expires and would the landlord have to drop court case.
many thanks
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Which grounds are being cited please?
Customer: replied 2 years ago.

ground 11 rent lawfully due from the tenant is unpaid on the date which the proceding for processions are began the tenant has persistanly delayed paying rent which has became lawfully due

your landlord is relying upon these grounds because the tenancy agreement provides for rent 200 per fortnight to be paid to the landlord

the agreement commencing 6th march 2015 but no rent has been paid at all


ground 11 whether or not any rent is in arrears on the date w

Expert:  Jo C. replied 2 years ago.
Is it only ground 11?
Customer: replied 2 years ago.

ground 10 rent lawfully due from the tenant is unpaid on the date which the proceding for processions are began

a and b which says exexpt where sub section (1) (b) of section 8 this act applies, was in arrears at the date of the service of the notice under that section relating to those proceddings

Expert:  Jo C. replied 2 years ago.
Thanks.
Even if she pays in full and keeps it up to date, he could still rely on ground 10.
Ground 10 just covers persistent late payments which cannot be undone by clearing the arrears.
Ground 10 is not a mandatory ground so whether or not she would be evicted on that basis is another matter but the option is open to the landlord. It depends upon how bad the failures have been.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

I forgot to mention that the tenancy is as a lodger for a room living in the landlords house sharing other rooms

thanks

Expert:  Jo C. replied 2 years ago.
It wouldn't make any difference I'm afraid.
It might mean that he can evict without a court order but clearly he is seeking one.