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  • LAWYER RESPONSE Rent Arrears

    Hello Everyone
    I have a problem with my rent, my business has delayed receiving payment from my Customers, and I have a 5 Months of rent arrears
    the landlord bothering me to pay the arrears, and knock-in my door to ask pay in full all my arrears, I told him why I remain in debt and no possible pay my rent but the two managers call me every week,
    Can please help me about solve this situation? Just receive my payment I pay in full all my debt
    Thanks for your answer

  • #2
    Originally posted by knightvin View Post
    Hello Everyone
    I have a problem with my rent, my business has delayed receiving payment from my Customers, and I have a 5 Months of rent arrears
    the landlord bothering me to pay the arrears, and knock-in my door to ask pay in full all my arrears, I told him why I remain in debt and no possible pay my rent but the two managers call me every week,
    Can please help me about solve this situation? Just receive my payment I pay in full all my debt
    Thanks for your answer
    Hello,

    I'm very sorry to hear this, unfortunately this virus malarkey has hit self-employed people the hardest. However, there's some support from the government.

    You may want to start by looking at this page, which was only updated yesterday: Housing advice: coronavirus (COVID-19) - Shelter England

    ...where you'll see:

    No evictions by bailiffs will take place between 17 November and 11 January except in very limited circumstances.
    These include where the court has made an order because:
    • there was antisocial behaviour
    • you owed more than 9 months' rent before 23 March
    That means most tenants cannot be evicted until after 11 January 2021, even if your landlord has already been to court.
    Get legal advice on your next steps.

    I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

    Comment


    • #3
      The page linked above goes on to say:
      Most tenants are entitled to 6 months' notice

      All section 21 notices from 29 August onwards must give at least 6 months' notice. Most section 8 notices and other eviction notices must also give 6 months.
      But you could be given a shorter notice in some cases. For example:
      • 4 weeks' notice if you have rent arrears of more than 6 months
      • little or no notice if you're facing eviction for antisocial behaviour
      Your landlord can only start court action once your notice period ends.
      If you've not had notice yet and have less than 6 months' arrears, this probably won't be until spring 2021 at the earliest.

      Notices from before 29 August 2020 could still be valid depending on the notice type and when you were given it.

      I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

      Comment


      • #4
        ...also:

        Housing advice: coronavirus (COVID-19)

        Information on this page

        New national lockdown restrictions apply from Thursday 5 November.
        This page has been updated in line with new government guidance.
        Last update 23 November 2020

        Eviction and being asked to leave

        Courts are open but the legal process could take several months

        For most tenants there are 3 stages to eviction:
        1. notice
        2. court action
        3. eviction by bailiffs
        Your landlord can still give you notice or start court action during national lockdown but the whole process will take much longer.
        Some court hearings will go ahead. You will get a letter from the court with the date.
        No evictions by bailiffs will take place between 17 November and 11 January except in very limited circumstances.
        These include where the court has made an order because:
        • there was antisocial behaviour
        • you owed more than 9 months' rent before 23 March
        That means most tenants cannot be evicted until after 11 January 2021, even if your landlord has already been to court.
        Get legal advice on your next steps.

        If you're a lodger living with a resident landlord, you could be evicted more easily without a court order once your notice period or agreement ends.



        Most tenants are entitled to 6 months' notice

        All section 21 notices from 29 August onwards must give at least 6 months' notice.
        Most section 8 notices and other eviction notices must also give 6 months.
        But you could be given a shorter notice in some cases. For example:
        • 4 weeks' notice if you have rent arrears of more than 6 months
        • little or no notice if you're facing eviction for antisocial behaviour
        Your landlord can only start court action once your notice period ends.
        If you've not had notice yet and have less than 6 months' arrears, this probably won't be until spring 2021 at the earliest.

        Notices from before 29 August 2020 could still be valid depending on the notice type and when you were given it.
        Check the notice rules if you're a:


        What if my landlord pressures me to leave?

        You can and should stay in your home, especially if you have nowhere else to stay.
        Don't be pressured into signing documents from the landlord that contain a date for you to leave.
        Get legal advice before giving up your home voluntarily, even if eviction seems unavoidable.
        It's illegal for your landlord to:
        • harass you
        • lock you out of your home, even temporarily
        • make you leave without notice or a court order
        Find out what you can do about illegal eviction.



        How soon could I face eviction?

        Your landlord can only start court action once your notice period ends.
        If you've not had notice yet, this probably won't be until spring 2021 at the earliest.
        But you could be at risk of eviction before spring 2021 if either:
        • you got a valid notice before 29 August
        • your landlord has already started court action
        • you get a shorter notice because of high rent arrears or antisocial behaviour
        Always open letters and emails from the court. They will tell you:
        • important dates and deadlines
        • how to get free legal help from the court duty scheme



        When the court can stop an eviction

        With a section 21 eviction, the court can usually only stop the process if there's a problem with the notice.
        If your landlord needs to prove a legal reason for eviction, such as rent arrears, the court can sometimes let you stay in your home if you keep to certain conditions.
        Find out when you can ask the court to stop or delay an eviction if you're a:





        Rent, benefits and money problems

        If you can’t afford your rent

        You should:
        • check what benefits you are entitled to
        • look at discretionary housing payments
        • get help with bills and council tax
        • see if there are any grants you can claim
        • get help with food and essentials if you need it
        Find out how to get help with rent.
        If you’re losing income because you’re self isolating contact your council to ask about the Test and Trace Support Payment. Councils can issue payments of £500 if you are eligible.
        Talk to your landlord

        Speak to your landlord about your situation. Your landlord could be sympathetic and might accept late rent or agree a rent reduction.
        Use our template letter tool to help negotiate a rent reduction.



        I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

        Comment


        • #5
          You may also want to contact Shelter as noted here: Get help from Shelter - Shelter England

          ...and I'd also recommend looking at this website:'I'm self-employed but confused about whether I can claim the fifth grant' – Unsure? Here's what you need to know

          I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

          Comment


          • #6
            I don't know whether you have made a claim for housing benefit and/or Universal Credit, but this should have been your first step:

            I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

            Comment


            • #7
              Hello, The manager Landlord has called me about for leave from the loft, I have sent the message by WhatsApp below" Andreea I still waiting for the lawyer today , sorry for the delay and the problem caused, please give me the other time to solve this big problem for me , I'm no happy to stay for free in the loft, apologise for all , but in this period is very hard to act fast,"

              She replied to me that:" There is no more time left

              We need to start works in 2104 on the 7 th of December, and we will take the furniture out of your apartment for the works
              You need to make arrangements to leave the building in one week
              We are refurbishing the apartment and this includes taking out the bath and toilet.
              The apartment will not be livible after the 7 th of December
              Please accept this as notice that the works are starting on 07.12.2020 "

              Now I'm' in Big trouble because no have any idea to solve this problem, and no have at moment money to change house
              can help me please for any phone call to the manager or landlord?
              Thanks for the help

              Comment


              • #8
                Originally posted by knightvin View Post
                Hello, The manager Landlord has called me about for leave from the loft, I have sent the message by WhatsApp below" Andreea I still waiting for the lawyer today , sorry for the delay and the problem caused, please give me the other time to solve this big problem for me , I'm no happy to stay for free in the loft, apologise for all , but in this period is very hard to act fast,"

                She replied to me that:" There is no more time left

                We need to start works in 2104 on the 7 th of December, and we will take the furniture out of your apartment for the works
                You need to make arrangements to leave the building in one week
                We are refurbishing the apartment and this includes taking out the bath and toilet.
                The apartment will not be livible after the 7 th of December
                Please accept this as notice that the works are starting on 07.12.2020 "

                Now I'm' in Big trouble because no have any idea to solve this problem, and no have at moment money to change house
                can help me please for any phone call to the manager or landlord?
                Thanks for the help
                Hello again,

                Have you contacted Shelter, the organisation above? They are best placed to help you with this, anyone just ringing your landlord on your behalf wouldn't go very far.

                If you look at the text I quoted above, it says:

                Your landlord can still give you notice or start court action during national lockdown but the whole process will take much longer.
                Some court hearings will go ahead. You will get a letter from the court with the date.
                No evictions by bailiffs will take place between 17 November and 11 January except in very limited circumstances.
                These include where the court has made an order because:
                • there was antisocial behaviour
                • you owed more than 9 months' rent before 23 March
                That means most tenants cannot be evicted until after' 11 January 2021, even if your landlord has already been to court.
                Get legal advice on your next steps.
                So they can't evict you on December 7th!

                I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

                Comment


                • #9
                  Aron F (lawyer) Would you have any suggestions for this member?

                  I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

                  Comment


                  • #10
                    I would contact Shelter and the local Citizens Advice Bureau as soon as possible.

                    I wish I could help more than that.

                    I am an Immigration Adviser with Clowes Bureaucracy Experts LTD, authorised by the Office of Immigration Services Commissioner (OISC) to provide immigration advice at level 2, and a member of the UK Immigration Law Practitioners Association (ILPA). I am also a volunteer with UKCEN, where I provide one-off advice on a pro-bono basis. This advice should not be considered a substitute for formal legal advice. Please see Aron F for full details.

                    Comment

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