Can my landlady do this

[drascalmel 10]

ok to cut a long story short my hubby had to have 2 weeks off work last month due to being really ill (proberly our kettle that caused it!) so he only got 500 pounds wages for this month, and our rent is 520 due on the 6th august, i get my wages next week so i phoned the landlady and asked her kindly if she could wait for her rent while next week or maybe pay half now half next week, she started ranting at me on how she wants all the rent by this wednesday the 4th or else she wants us out because she is behind with her mortgage payments now, and although i sympathy with her we are only asking for a week, we never cause no trouble and the house and gardens are amaculate, she has really really upset me. she phoned back and said she is going to call round tommorow afternoon for a chat, but she made one thing clear she wants us to pay her the rent for this month and move out BY THIS WEEKEND! in her abrupt words "when i call round tommorow i want to see you packing up your stuff" i told her i can give her 300 tommorow when she calls and the rest next week, she said thats great but your a liability and i want you out by the end of this week still, regardless of the money i pay her! im going to see cab first thing before she comes but im really scared... we have no where else to go we will be homeless and cannot find a property in this short notice, is this legal? can she do this if it helps is a assured shorthold tennancy agreement for 6 months with 3 months left remaining.

Edited August 2, 2010 by drascalmel
spelling

[mike84 23]

She can't make you leave without giving you the notice period on your tenancy. If she tries it would / could be classed as an illegal eviction and you can take action against her. Speak to cab for more advice.

[drascalmel 10]

She can't make you leave without giving you the notice period on your tenancy. If she tries it would / could be classed as an illegal eviction and you can take action against her. Speak to cab for more advice.

 

how long would it be before we have to get out legally, im assuming more then a few days

[carltoncdx 10]

No she cannot do this!!

She will have to issue a section 21 eviction notice which gives you 2 months to move unless your are very behind with your rent.

Go see CAB they should give you this in writing.

Have a poke about on the following site.....really good for advice.

http://www.thesite.org

Dont lose your rag when she visits.....stay calm and tell her you know your rights and are willing to pay your rent as you stated allbeit a week or two late......then start looking for another place.

[Twiglet 10]

No, she can't. She could technically begin court proceedings to have you evicted if you are behind with rent but it would not be worth her doing this with it only being a few days.

 

Have a look at the Shelter website for advice.

[Twiglet 10]

how long would it be before we have to get out legally, im assuming more then a few days

 

At least two months although it might be all three as you're on a fixed term tenancy, unless she's evicting you under certain clauses of the housing act (but this is still two months).

[drascalmel 10]

ive checked the tennancy and it doesnt say anything about the time frame of notice to quit the property, does this mean she can do whatever she wants or is this illeagal still

[elvis1935 10]

tennancy agreement not sure but i think it says that you have two weeks to pay your rent from the due date on you agreement b4 she can do anything. and did you pay a bond to her if so ask her to used that to cover the rent to you can pay it.

Edited August 2, 2010 by elvis1935

[Twiglet 10]

ive checked the tennancy and it doesnt say anything about the time frame of notice to quit the property, does this mean she can do whatever she wants or is this illeagal still

 

No, the timeframes we've mentioned are set down in law, it doesn't matter what is written in the tenancy agreement.

[ricgem2002 11]

i think there will be more of this to come in the future especially when the housing benefits cuts come in to those who are claiming dhss .i hope you resolve your situation but go and get that legal advice

[drascalmel 10]

No, the timeframes we've mentioned are set down in law, it doesn't matter what is written in the tenancy agreement.

 

but she has a key, i hate confrountation at the best of times i get all shakey and end up having a panic attack, i dont want to fight her it is her house but i guess i need to stand my ground on this one, anyway im going to visit cab first thing without fail and hopefully i will be armed when she comes, the biggy is keeping hubby out of the way till she goes... he doesnt know the meaning of calm and i cant be doing with trying to calm him down and argue with the landlady at the same time... all this for 1 weeks grace for HALF the ammount of rent, its ridiculas!

[elvis1935 10]

go and see cab and have talk to your landlady she might be **** but the way things are now with renting house's i think she would have someone two weeks late paying rent than no one.