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Aaron D
Aaron D, Barrister
Category: Law
Satisfied Customers: 502
Experience:  LLB, BPTC
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I just got a letter from the landlord as we didn't payed the

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Hi there! I just got a letter from the landlord as we didn't payed the rent since april so basically he want to gain possession of the property when this will be allowed
JA: Where are you? It matters because laws vary by location.
Customer: London,Leytonstone
JA: What steps have you taken so far?
Customer: so we will pay the outstanding amount weekly as soon as we got paid. But it wont be more than £1000
JA: Anything else you want the Lawyer to know before I connect you?
Customer: we have two kids one with autism

Hello, thank you for your question. My name is***** am a barrister and will assist you with this issue today.

Please be aware that this is an e-mail service rather than a live chat. Sometimes there will be some delay between responses but I will try to reply as soon as possible.

When you say you got a letter from the landlord is it a formal Notice of Eviction? Does it mention Section 21 or Section 8 anywhere? Also does it have an expiry date for the notice?

Customer: replied 1 month ago.
Thank you for your help. It's not a Notice of Eviction it's a formal letter about the situation but
Yes it's mentions S 21 and also S8 it has no time on it it says when this is allowed.

Ok so first things first, they can't evict you without a formal notice of eviction.

They can do this on multiple grounds.

S.21 is for a "no fault" eviction. As long as the initial term of your tenancy is finished (usually 6 months) then they can serve a notice on you any time seeking the property back, more or less for any reason. At the moment due to Coronavirus emergency legislation they have to serve a 3 month notice.

If they serve a valid s.21 notice then after it expires, it entitles the landlord to apply for a court order.

If he gets a court order and you don't move out then he has to apply for a warrant to get the bailiffs to remove you.

This all means you can get many months beyond the expiry of the notice before you are forced to leave. Unfortunately if you drag things out in this way though you can be liable for the costs of the bailiff/ court etc.

If he serves a s.8 notice this is not non-payment of rent. The s.8 notice sets out various grounds. Ground 8 is one commonly used and this can be served if you are 2 months' or more in arrears at the date the notice is served.

Again, at the moment they are having to give 3 months notice for these and the same procedure I've outlined above applies.

So in summary, you've got at least 3 months before you have to leave, likely quite a bit longer.

I'd always advise trying to negotiate with your landlord, hopefully they will be reasonable about it all.

You might find these links useful:

https://england.shelter.org.uk/housing_advice/coronavirus

https://www.citizensadvice.org.uk/housing/social-housing/if-youre-being-evicted/if-youve-got-an-eviction-notice/

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